Статьи рубрики | History of transport law

Scientific specialty:

12.00.01 “Theory and history of law and state; History of doctrine of law and state”

Eketerina An. Volkova. Features of the historical development of the strategic joint stock companies (based on the materials of the railway industry)

UDK: 656.2


Eketerina An. Volkova - chief specialist of the Legal Protection and Project Support Department of the Legal department of the JSC ‘Federal Passenger Company’, post graduate of the Institute of legislation and Comparative Law under the government of the Russian Federation


Abstract. On the example of the development of the railway industry, the current paper has considered such a feature of strategic joint-stock companies (being the subjects of administrative law), as a special historical development. Strategic joint stock companies are leaders in the most important sectors of the country's economy, actively participating in state and public life. A stable current legal relationship with the state, as a general rule, is a consequence of functioning as a part of the state mechanism in the past. The example of railway transport clearly illustrates the process of the emergence of a new economic sector and constant control over it by the state apparatus, the transition for a long period from the initial use of private capital to state ownership and direct state administration, the subsequent transformation of a large mechanism of public administration into a strategic joint-stock company. The establishment of a federal executive body, as well as the high importance for ensuring the country’s well-being and security, predetermine the desire to maintain control over decision-making by a strategic joint-stock company. Such a transformation of a large state structure into the organizational and legal form of a commercial organization is due to the development of a market economy and the necessity to free the executive authorities from their unusual functionality. At the same time, strategic joint stock companies remain actually embedded in the system of state administration and take part in the exercise of powers by public authorities.

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Ekaterina S. Zalozhnykh. The history of the development of advertising activity and its legal regulation in Russia

UDK: 659.1


Ekaterina S. Zalozhnykh - post graduate of the department ‘Administrative law, ecological law, information law’ of the Law Institute of the Russian University of Transport


Abstract. The current paper has considered the history of the development of advertising activity (including its use in transport), starting from the moment of its appearance in Russia in the X-XI centuries to the present day. There has been considered not only the modification of advertising activity, but also the historical transformation of its legal regulation. There have been also considered the main regulatory legal acts adopted and abolished during the rapid development of advertising activities in 1980-1990, which were based on international legal regulation standards and western experience, which was of great importance in the conditions at that time. Among other things, the paper has paid attention to the main authorized bodies that are regulating this activity at the moment, and their main functions.

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Maksim P. Tishakov. Selected aspects of legal regulation and organization of road traffic safety in the 1950s

UDK: 351.811:656.13(477)


Maksim P. Tishakov - Candidate of Law, lecturer of the Rostov Institute (branch) of the All-Russian State University of Justice (RPA of the Russian Ministry of Justice)


Abstract. On the basis of a detailed scientific analysis of little-known archival documents and materials, specialized literature, publications of periodicals, there have been established the features and processes of legal regulation and organization of road traffic safety in the middle of the last century. In a retrospective aspect, using the example of Soviet Ukraine, the author of the current paper has analyzed certain areas of activity of the authorities in countering road traffic injuries, increasing the efficiency of road transport, organizing traffic, and training the staff of drivers. The absence of a unified, comprehensive national strategy in the field of road traffic safety made the republican executive and administrative authorities in the 1950s, in the conditions of intensive motorization, actively look for the most optimal means of legal influence on the heads of motor enterprises and road traffic users in order to combat with road traffic accidents. The organizational and legal experience of the activities of executive authorities in ensuring road traffic safety, studied historically and legally, does not lose its relevance in modern conditions, and can be applied at present to achieve zero mortality on the roads, preserve the life and health of all road traffic participants.

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Yuriy Iv. Petrov. The improvement of railway concessions in Russia in the second half of the XIX th century

UDK: 625.1(09)


Yuriy Iv. Petrov - Candidate of Historical Sciences, associate professor of the department ‘Customs law and organization of the customs affairs’ of the Law Institute of the Russian University of Transport


Abstract. The current paper has examined the government's steps to improve the rules for granting concessions to joint stock companies for the railway construction in Russia in the second half of the XIXth century. Miscalculations in the granting of the first concessions in the early 1860s prompted the government to develop new conditions for their grant, including elements of competition. The paper has noted that even with the limitations of new measures there were achieved certain positive results due to the first minister of railways P. P. Melnikov. When the earl V.A. Bobrinsky was appointed as the Minister of Railways in 1870, he introduced the new concession rules, the analysis of which showed that lack of competition in the provision of concessions and empowering the Minister of Railways has led to a new wave of concessionaires abuse, resulted in the introduction of new rules in 1873.

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Yuriy Iv. Petrov. Private or government administration on the railways: Russia’s choice in the second half of the XIX-th century

UDK: 625.1(09)


Yuriy Iv. Petrov - Candidate of Historical Sciences, docent, associate professor of the department ‘Customs Law and Organization of the Customs Affairs’ of the Law Institute of the Russian University of Transport


Abstract. In Russia of the middle of the XIX-th century the active development of railway transport formed a firm conviction among the public and the government in the necessity to revise approaches to administration in the industry. The current paper has shown that the railway construction was actually funded by the government for many years, but at the same time, the administration of the entire railway business was practically uncontrolled by private entrepreneurs. The current paper has analyzed the steps aimed at finding a rational balance in the railway administration between individuals and the government in the second half of the XIX-th century. There has been presented a position of such prominent foreign representatives of the science of financial law as K. Rau, A. Wagner, P. Leroy-Beaulieu, who categorically spoke out for the ownership of the railways to the treasury, as well as the scientists and specialists of the railway business in Russia. A comparative analysis of approaches to the construction and government of railways in England, Belgium and France, as well as the accumulated, albeit small, experience in Russia made it possible to conclude that a wise policy in the railway business had to be recognized as one in which governemet administration was combined with the private, but due to necessity and usefulness at a given time.

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Yury Iv. Petrov. Railway concessions of 1860-1870 in Russia

UDK: 656.2:902


Yury Iv. Petrov - Candidate of Historical Sciences, docent, associate professor of the department ‘Customs Law and Organization of the Customs Affairs’ of the Law Institute of the Russian University of Transport


Abstract. The current paper has considered the government's new intention in the 1860s towards to develop private railway entrepreneurship issuing concessions to the railway companies. There has been shown that this fact contributed to the rapid enrichment and the emergence of oligarchs in Russia in the 19th century, and that this caused the ‘railroad fever’. There has been considered the role of the government railway fund, the goals of its establishment, sources of formation and directions of use. There has been shown the role of the first Minister of Railways P. P. Melnikov in the fight against abuses in the railway, the government's awareness of the main mistakes in the concession policy and its concrete solutions of this problem.

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Yury Iv. Petrov. Contribution of the Moscow Institute of Railway Engineers to the development of transport education in Russia

UDK: 656.2


Yury Iv. Petrov - Candidate of Historical Sciences, docent, associate professor of the department ‘Customs Law and Organization of the Customs Affairs’ of the Law Institute of the Russian University of Transport


Abstract. The current paper discusses the formation and development of the Moscow Institute of Railway Engineers, established in Russia at the beginning of the XX century. There has been carried out the analysis of the legal regulation of the students’ training system, the requirements for the training level of engineers, the organization of teaching in an educational institution. The conducted analysis of legislative acts and materials of the Ministry of Railways allows getting a clear idea on the whole spectrum of the abovementioned issues. There have been shown the transformations of the educational system in higher educational institutions of Russia, attitude to them in transport universities and their impact on the development of transport education. The results of the current study give an idea of both the stages of the formation of the Moscow Institute of Railway Engineers and its role in the development of the country's transport education system. They can serve as a starting point for further discussion about the prospects, trends and directions of development of modern Russian transport education.

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Aleksey V. Vasiliev. Freight transportation contract (including the use of third-party carriages) under the pre-revolutionary legislation of Russia

UDK: 656(091)(470+571)


Aleksey V. Vasiliev - post graduate of the Law Institute of the Russian University of Transport


Abstract. The current paper deals with the consideration of the historical aspects of the formation and development of the institution freight transportation contract in domestic legislation. The author has analyzed the norms of the 1885 General Charter of Russian Railways, which determined the rights and obligations of the freight transportation contract. Separately, there have been analyzed the relations of the parties under this contract in the case when the carrier uses rolling stock (carriages) belonging to third parties. A retrospective analysis of the railway legislation allowed the author to formulate some proposals to improve modern civil legislation in the part dealing with contract on freight transported by rail.

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Yury Iv. Petrov. Transportation as a factor of the emergence and development of taxation and transport legislation in pre-imperial Russia

UDK: 656(091)(470+571)


Yury Iv. Petrov - Candidate of Historical Sciences, docent, associate professor of the department 'Customs Law and Organization of the Customs Affairs' of the Law Institute of the Russian University of Transport


Abstract. The current paper has considered the way of transportation in Ancient Russia due to objective historical conditions as a result of the settlement of tribal unions on the territory of the Russian Plain. The use of these transport lines for trade led to its expansion and development, and the formation of some duty ceremonies, which then over the years turned into liability to pay duty. The current paper has shown the way the taxation received significant development in the Moscow state, and individual duties were used for their intended purpose for the construction and maintenance of transport routes. Such development of state industries and institutions required the improvement of legal regulation, which actively began to develop in the XVII-th century. The current paper has analyzed some legal sources that governed the taxation and operation of transport lines. Much attention has been paid to the analysis of the Sobornoye Ulozheniye (Code) of 1649; its Art. 9 contained legal norms on collecting road duties and ensuring road safety and improvement of roads. Paying much attention to road duties, the chapter regulated the maintenance of roads, bridges and freights, thereby emphasizing the direct connection between the improvement of roads and road duties.

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Yury Iv. Petrov. The development of land routes and transport legislation in Russia in the second quarter of the XIX-th century

UDK: 656(091)


Yury Iv. Petrov - Candidate of History, docent, associate professor of the department of customs law and organization of the customs affairs, Law Institute of the Russian University of Transport


Abstract. Based on an analysis of the legal acts adopted by the Emperor Nicholas I, the current paper has examined the measures for the arrangement and maintenance of roads in the country, in accordance with their significance and sources of funding. The subjects of the study are the norms of Russian transport law. The purpose of the study is to identify the main parameters of the transformations that contributed to the improvement of transport legislation.

The paper has shown that the activities in a transport made by Nicholas I were due to the preceded the transport reform made his father Alexander I, during which there were set up a new governing body of the transport industry, a specialized organization and an educational institution. But these measures, due to the limited financial resources in the country, allowed implementing the planned projects only in the field of water communications. It was not possible to pay serious attention to land roads. The active road construction was launched only at the reign of Nicholas I. The paper has emphasized the role of the legal basis of government activities, the quality of which significantly improved with M. M. Speransky’s participation in codification of legal acts.

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