Статьи рубрики | International transport law

Scientific specialty:

12.00.10 “International law; European law”

Andrey Ol. Ananenko. The main areas of improvement of legal regulation in the use of unmanned vehicles

UDK: 347.823.4

Andrey Ol. Ananenko - post graduate of the Law Institute of the Russian University of Transport

Abstract. The governments of many world countries are promoting the development of unmanned vehicles in their countries. As the technologies needed for automated, autonomous and connected vehicles are being developed, vehicle manufacturers and their suppliers face a number of new legal challenges. The current paper has reviewed some key legal issues related to the development and operation of such vehicles. The current paper has also considered the main directions of development of regulatory documents in the field of regulation of the use and application of unmanned vehicles. Taking into account the variety of unmanned vehicles, legal regulation in this area covers a wide range of legal relations, including civil aviation, land and water transport. The legal basis for the regulation of these public relations are the norms of domestic legislation and the norms of international legal acts implemented in it.

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Aleksey V. Gubin. Issues of including freight costs in the customs value of goods delivered by railway transport

UDK: 339.562.4

Aleksey V. Gubin - Candidate of Economic 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 an urgent issue of including freight costs in the customs value of imported goods when the goods are delivered by railway transport to the destination point located at a certain distance from the state border of the Russian Federation. It occurs due to the peculiarities of railway transport and railway transportation. In practice, there are cases when the destination point is not located directly at the checkpoint through the state and customs borders. In this situation, the customs authorities may require the costs on freight of goods be added to the customs value. This requirement is a bit controversial, since usually the freight charge for railway transportation usually includes the expenses on delivery from the border to the destination place. Another relevant issue is that even if the declarant agrees to include these transportation costs in the price actually paid or liable to payment, there is no reliable way to calculate them. In practice, the carrier can be demanded a supporting document or calculating through establishing the ratio between the distance of transportation and the total amount of the freight charge. However, in any case, these costs cannot be considered correct. Despite the relatively insignificant part of these costs in the total amount of transportation costs for the declarant, there is a danger of being punished for non-compliance with the structure of the customs value of imported goods. The current paper has considered possible solutions to this problem. For example, it may be an indication of the destination place as a delivery point in the foreign trade contract. However, the best solution would be to prepare a normative legal act that would methodologically explain what to do in this situation.

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Sergey A. Pravkin, Vera V. Smirnova. Legal and organizational support of international shipping in the seaports

UDK: 341.9:347.79

Sergey A. Pravkin - Candidate of Law, docent, associate professor of the department ‘Administrative Law, Ecological Law, Information Law’ of the Law Institute of the Russian University of Transport, Pravkin@bk.ru

Vera V. Smirnova - Candidate of Law, docent, associate professor of the department ‘Administrative Law, Ecological Law, Information Law’ of the Law Institute of the Russian University of Transport, veryvera@list.ru

Abstract. The current paper has considered the organizational and legal means of ensuring international shipping in the seaports. Seaports are important links in the transport system, the use of which should take into account the legal regime of their activities. The state regulation in the seaports is of great importance as the state must ensure compliance with international standards and agreements in the field of merchant shipping, maritime transport security, environmental standards, etc. State regulation in seaports is carried out via the publication of legal rules governing the activities of the seaport; licensing of types of activities and technical regulation; establishing rates of revenue tariffs in ports; leasing port property. The registry of seaport services should always be displayed in digital form. The modern sea infrastructure of any seaport significantly increases its reliability. And the information infrastructure of the port gives an opportunity to develop it in an innovative way. The authors believe that the modern maritime security system needs to be improved using the digital format. In addition, there are still problems in the legal regulation of the supervisory mechanism. It is also necessary to qualitatively differentiate the areas of responsibility between captains of the seaport and supervisory agencies. There have still remained the problems with the distribution of the rights and obligations of departments related to port operations.

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Yaroslav K. Fedosov. The features of the application of the territorial and extraterritorial effect of the statutes in the cross-border movement of energy resources by pipelines

UDK: 341.932.3

Yaroslav K. Fedosov - Candidate of Law, deputy director on Science of the FSBSI Center for Security Studies of the Russian Academy of Sciences

Abstract. Transportation of energy resources in the current economic and political context is one of the main concerns of the largest summits and conferences with the participation of top officials from developed and developing countries. Currently there are going on political and economic processes around a number of countries, e.g. Iran, Iraq and Syria which are rich in oil and gas resources and in future can create favorable conditions for large-scale entry of new cross-border energy companies to the world oil and gas markets. In combination with persistent attempts to increase production shale oil, this situation can form more and more expectations of an excess of offers and a possible further fall in oil prices. These and other factors compel leading exporting countries to revise their plans for the development of cross-border pipeline transport (crossing one or more borders) due to the need to search new markets and optimize the costs of cross-border transportation. Despite the fact that in the modern world there is a large number of national and supranational acts regulating social relations related to the extraction, processing, transportation, and consumption of energy resources, a significant number of them are devoted to energy security, trade liberalization, and conditions for access to foreign markets at the international level, consolidation of a uniform approach to resolving possible conflict issues in legal relations complicated by a foreign element connected with transboundary movement of energy resources by pipeline.

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Vasiliy N. Gutsulyak. Clauses in a bill of lading and their legal significance

UDK: 341.9

Vasiliy N. Gutsulyak - Doctor of Law, professor, professor of the department 'Transport Law' of the Law Institute of the Russian University of Transport, honorary worker of the Navy

Abstract. The main document in the process of ‘documentary’ sale of goods is traditionally the bill of lading, a universal multi-purpose document used exclusively for the goods shipped by sea or inland waterway. As practice shows, for example, that in credit transactions the banks as an important link in the sale-purchase contracts negatively refer to the so-called ‘claused/unclean’ bills of lading with certain clauses, since they prefer to get a set of documents that include only ‘clean’ bills of lading. The current paper first of all analyzes the clauses made to the bill of lading that represent unilateral statements by the carrier on certain issues of the contract of sea shipment and do not require agreement with the shipper. The legal significance of the clauses made to the bill of lading is that they are aimed at protecting the carrier from liability for information that may be inaccurate or false, provided by the shipper. However, the negative legal consequences of the clauses made to the bill of lading are that they significantly reduce the evidentiary power of the bill of lading. The current study shows that not any clause made to the bill of lading makes it ‘clean’. In this regard, there have been studied the provisions of a number of international conventions regulating the legal regime of sea transportation of goods, as well as banking practice made in unified rules, which are analyzed in the publications of the International Chamber of Commerce. There has been also considered an important practical question on the appropriateness of issuing ‘clean’ bills of lading if there is doubt about the proper condition of the goods in exchange for the shipper’s guarantee letters providing for compensation of potential losses to the carrier upon delivery of the goods.

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Aleksandr P. Dzhabiev. Chinese megaproject «One Belt One Road (OBOR)»: prospects for the international transport infrastructure development and the world economy revitalization

UDK: 339.9

Aleksandr P. Dzhabiev - Candidate of Economic Sciences, associate professor of the department of customs law and organization of the customs affairs, Law Institute of the Russian University of Transport

Abstract. During the existence of the Silk Road that united East and West in trade, economy, diplomacy and culture, there occurred significant transformations, but the Silk Road has retained its role of intercivilizational dialogue and a connection between countries and continents. Under dynamically changing external environment, the mankind is witnessing the increasing activity of the Silk Road, its geopolitical significance, as today a number of countries is proposing new initiatives to revive the Silk Road. The paper studies the prospects and opportunities to implement the Chinese megaproject ‘One Belt One Road (OBOR)’, aimed at reviving the Silk Road. The results of the 2nd Forum of International Cooperation ‘One Belt One Road (OBOR)’ have been analyzed. The author thinks, that the main reasons to form and implement this project is the global economy growth decrease, as well as an increase in the use of protectionist measures in the system of world economic relations. It has been noted that this project, which envisages the establishment of trade and economic relations between Asia and Europe through the implementation of large-scale transport and logistics infrastructure projects, corresponds to the global economy development. There has been argued a conclusion, that due to the intensification of international transport route construction, the Russia's most important strategic task is to use the Chinese initiative to gain substantial economic dividends based on close mutually beneficial and comprehensive cooperation.

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Elena N. Rudakova, Boris L. Skrynchenko, Olga Al. Dmitrieva, Vladimir D. Moroz. The World Customs Organization’s role in the improvement of international legislation to enhance customs cooperation

UDK: 339.543:061.1(100)

Elena N. Rudakova - Doctor of Political Sciences, docent, head of the department of customs law and organization of the customs affairs, Law Institute of the Russian University of Transport

Boris L. Skrynchenko - Candidate of Economic Sciences, professor of the department of customs law and organization of the customs affairs, Law Institute of the Russian University of Transport

Olga Al. Dmitrieva - Candidate of Economic Sciences, associate professor of the department of customs law and organization of the customs affairs, Law Institute of the Russian University of Transport

Vladimir D. Moroz - Candidate of Historical Sciences, docent, senior lecturer of the department of economic theory and military economy, Federal state government military educational institution of higher education "Military University" of the Ministry Defence of Russia

Abstract. This article discusses the issues to unite customs authorities, institutions and organizations that provide a solution to multidisciplinary, common and integral tasks. As the system of customs authorities and its individual components play a major and very important role in the process of customs activity, they are to ensure compliance with the rules and procedures defined in the process of customs regulation through customs administration and the functional component of the customs regulation process. By harmonizing the regulatory framework, it becomes possible for the member states of the Eurasian Economic Union (EAEU) to enter the world economy. The main results of the work are the conducted analysis of the current state of relations between the World Customs Organization and the members of the EAEU and the defined possibility for early integration of the EAEU into the World Customs Organization. The topic is relevant, as a constant increase in the foreign trade volume and the increasing duties of the customs authorities, the use of information systems and technologies becomes most important for the customs. The use of information systems increases the control over the participants of foreign economic activity, accelerates the process of customs clearance and customs procedures. As a result, the authors came to the conclusion that the introduction of more profitable mechanisms to promote Russia's position in the EAEU and to introduce innovations in the domestic productive complex will make it possible to apply customs tariff regulation measures more effectively.

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Dariya D. Motasova. International legal regulation of the use of pilotless aerial vehicles

UDK: 341.9

Dariya D. Motasova - deputy General Director of LLC "Spetssetistroy"

Abstract. In the world there is currently a "boom" of pilotless aerial vehicles (PAVs). The United States Federal Aviation Administration (FAA) estimates that the market for drones will reach 7 million FAA by 2020, and predicts a market growth of 2.8 times. The authorities of different countries consider that a sharp increase in the number of PAV launches requires special monitoring control [1]. According to the SESAR forecast, prepared with the support of the Boston Consulting Group, the flights of drones over a densely populated urban area in the countries of the European Union will occur for 250 million hours annually by 2050. In the countryside the number of PAVs will be smaller, but even in this case hundreds and thousands of PAVs will move in the air. The restriction of the ‘flights height and the prohibition to fly over any objects or territories increase the traffic density [2]. The concern is that in case of a targeted terrorist attack or a "small" cyber war, for example, the supply of electricity, the work of hospitals, airports, and industrial facilities can be stopped. Therefore, the question of PAVs’ application is of great relevance nowadays.

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Aleksandr P. Dzhabiev. Prospects for a qualitative transition to a unified transport (automobile) control system on the external border of the Eurasian Economic Union

UDK: 339.9

Aleksandr P. Dzhabiev - Candidate of Economic Sciences, associate professor of the department of customs law and organization of the customs affairs, Law Institute of the Russian University of Transport

Abstract. The article is devoted to the present problem of the formation and improvement of a unified transport (automobile) control system on the external border of the EAEU when entering the territory of the Member States or leaving this territory. There has been given a general characteristic of the formation of a single information base to obtain information about the results of transport control. The author has justified the idea that one of the main strategic directions for the formation of a unified transport (automobile) control system is the development of road infrastructure to help enhance the participation of the EAEU in the global development of world economic relations. The author makes the conclusion that in the development of foreign economic relations between the EAEU member states, road transport plays a special role in the freight delivery to establish close foreign economic relations between geographically distant countries and regions in all sectors of the economy.

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Pavlov Andrey V. Functioning features of the transport organizations under international sanctions and countermeasures of the Russian Federation

UDK: 339.98:656

Pavlov Andrey V. - head advisor of the transport-logistics company "Transoil"

Abstract. The article considers the features of transport organizations’ business activities under economic sanctions and economic countermeasures taken by Russia against a number of foreign countries. There has been substantiated necessity to consider a sanctions regime as a special mode of business activity. The author identifies specificity of the application of civil legal protection means of rights and legal interests of transport entities under economic sanctions of foreign countries and the countermeasures of the Russian Federation. This specificity appears in the prevalence of jurisdictional forms of protection, the main of which is a legal recourse or a lawsuit, both national and international, as well as in the increasing role of state regulation of entrepreneurship, state support and state protection of domestic business entities which incur losses and other economic costs because of economic sanctions and Russia’s countermeasures.

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