UDK: 347.799.62

Anastasiya V. Posadskaya - Naval Academy named after Admiral of the Fleet of the Soviet Union N. G. Kuznetsov

Abstract. Currently, at the bottom of the World Ocean there are thousands of sunken man-made objects of scientific, technical, historical, cultural, or archaeological value. The lists of objects sunk in the sea include many domestic ships and vessels that sank under various circumstances. Among them there is the submarine “Som”, which sank in 1916. The current paper has substantiated the imperative conditions for Russian-Swedish cooperation in the survey and recovery of submarine “Som” based on an analysis of the provisions of the 2001 UNESCO Convention on the Protection of the Underwater Cultural Heritage.

UDK: 339.543

Aleksey V. Gubin - Candidate of Economic Sciences, associate professor, Russian University of Transport (MIIT)

Abstract. The current paper deals with the problems of defining the concept and essence of modern customs procedures. There has been studied the evolution of the concept of the customs procedure. There have been considered the opinions of researchers on the essence and content of this concept. There have been analyzed the problems of using this term in the modern interpretation. There have been studied international aspects of the institution of customs procedures. The concept of customs procedures did not exist in the customs legislation of the USSR. In the first years of the activities of the customs authorities of the Russian Federation, the concept of customs regimes appeared, which was further transformed in the customs legislation of the Customs Union into the concept of customs procedures. Later, this concept was transferred to the customs law of the Eurasian Economic Union. In accordance with the opinion of several authors, it is worth talking about the customs process in the form of using both administrative procedures and their special form ‘customs procedures’. The course of customs procedures in time forms the stages of this process, which enable the declarant to achieve the goal of moving goods. State authorities control and regulate such activities, form the revenues of the federal budget. Most researchers suggest that the essence of the customs procedure is manifested not just as a set of customs law, but as a system of rules for regulating the actions of the sequential arrival and departure of goods to/from the territory of the Eurasian Economic Union. In this regard, it is important to define the boundaries and essence of this concept. In addition, the evolution of this term must be considered in the context of international legal acts.

UDK: 332.1/98

Andrey G. Bebenov - Federal State Unitary Enterprise “Atomflot”

Abstract. The current paper has presented the study of the international legal regime of the Arctic. There has been noted that at the present stage of development there are five Arctic states that have certain rights in relation to this territory, but the current legal framework does not allow speaking about the certainty of its international legal status. Thus, there has been drawn a special attention to the fact that today there is no international treaty that would define the international legal regime of the Arctic. In this regard, there has been concluded that this situation gives rise to various problems and contradictions associated with the definition of territories belonging to a particular country. There has been given a positive experience of Antarctica since its legal regime is currently properly regulated. In addition, the paper has suggested directions for improving the legislation of the Russian Federation in terms of establishing the legal regime of the Arctic, since it is hardly possible to call the legal norms in this area perfect. As a result of the study, there has been concluded that the systematic improvement of the legislative framework and the contribution to the fulfilling of this activity of all Arctic and other states is an objective necessity.

UDK: 343.702

Ekaterina Iv. Kobzeva - Candidate of law, associate professor, Russian University of Transport (MIIT)

Roman S. Khrushchev - V.I. Vernadsky Crimean Federal University

Abstract. The current paper deals with the issues of interaction between the BRICS countries in the field of transport and logistics infrastructure. There has been considered the insufficiency of a theoretical study of the development of cooperation between the BRICS countries in the field of transport infrastructure. There have been analyzed the adopted joint international documents in this area. There have been considered the prospects for the development of the BRICS countries, and formulated proposals for further interaction between states within the framework of this association. According to the authors, the development of a unified concept for building a transport policy is one of the important areas of activity for both the Russian Federation and its international partners.

UDK: 341.225.8:347.91/95

Anton G. Chertkov - LLC “Rockwell Capital”

Abstract. The current paper deals with the consideration of the legal regulation of the limitation of the international maritime carrier’s liability for the cargo in accordance with international standards. There have been presented the historical aspects of the emergence of the idea of limited liability in maritime law to protect shipowners from the burden of liability for cargo non-safety. There has been carried out a comparative analysis of the international legal regulation of circumstances exempting the maritime carrier of goods from liability or limiting its liability under the Hague Rules (1924), the Hague-Visby Rules (1968) and the UN Convention on Contracts for the Wholly or Partially Carriage of Goods by Sea 2008 (Rotterdam Rules). Prior to the adoption of the Rotterdam Rules, the Hague-Visby Rules, a modified version of the Hague Rules, were the main legal act in force. Despite being incomplete and out of date, the Hague and Hague-Visby Rules continue to hold their ground for many major multimodal carriers. Based on this reality, there have been compared the legal norms for limiting a maritime carrier’s liability for cargo non-safety between the Hague, Hague-Visby and Rotterdam rules. There have been considered legal means of limiting a maritime carrier’s liability as integral parts of the set of rules that determine the basis of the carrier’s liability. There has been given an overview of the main innovations on the limitations of a maritime carrier’s liability for cargo in the Rotterdam Rules. Using the comparative research method, there has been conducted a comparison of the rules governing the burden of proof (duty of proof) provided for in the Hague, Hague-Visby and Rotterdam Rules, which are in force in determining the party to the litigation responsible for legally proving the fact of responsibility for the cargo. There have been considered the opinions of authoritative experts in the field of international maritime law on the prospects for the application of the Rotterdam Rules in practice.

UDK: 332.1/98

Andrey G. Bebenov - Federal State Unitary Enterprise “Atomflot”

Abstract. Currently, the issue of our environment and climate safety and preservation has become acute both at the national and international levels. The growing technogenic impact on flora and fauna gives rise to the need for international regulation of relations in the sphere of the use of natural resources. The growing international interest in the Arctic region results in an increase in the study of the problem of determining the legal status of the Arctic. Established in 1996, the Arctic Council deals with solving the problems in the field of determining the legal status of the Arctic and its protection. Within the framework of the current paper, there have been considered the features of the functioning of the Arctic Council, its goals, objectives, and activities. In addition, there has been analyzed the legal basis of international cooperation in the field of Arctic relations. There has been presented not only an estimation of his activities, but also identified the main problems of his functioning in modern society. Identification of the problems makes it possible to establish the most promising and necessary ways of developing international relations, as well as domestic legislation. In addition, there have been considered the features of the activities of the Arctic Five in the field of maintaining international cooperation. There has been identified the peculiarity of the interaction of the countries included in the Arctic Five and given an estimation of their joint work.

UDK: 346:656.08

Olga Al. Khotko - Candidate of Law, associate professor, Belarusian State University

Abstract. The current paper is a presentation of the content of the report, read by the author at the II International Scientific and Practical Conference “Environmental Security and Transport: Problems of Law”, held on June 3, 2022 at the discussion platform of the Law Institute of the Russian University of Transport (MIIT). The author has carried out an analysis of national and international legislation, the law of the EAEU to determine the most important areas for improving the ways of interaction between states to attract attention to the environmental and economic issues. This situation is due to the consolidation of the sustainable development goals formed in the Resolution of the UN General Assembly “Transforming our world: Agenda for sustainable development for the period up to 2030”. Based on the results of the current study, there have been formulated theoretical conclusions that contribute to the development of applied aspects of the implementation of measures to ensure environmental security in connection with the transport activities.

UDK: 332.021:356/359

Ivan V. Kholikov - main researcher, professor, Institute of Legislation and Comparative Law under the Government of the Russian Federation

Mariya S. Kupriyanovich - Institute of Legislation and Comparative Law under the Government of the Russian Federation

Abstract. The current paper is devoted to problematic issues related to the deepening of contradictions between members of the world community in the Arctic region, due to the aggravation of the international situation because of ongoing global processes. The emerging threats to the national security of the Russian Federation in the Arctic gives rise to the necessity to maintain defense potential and strategic stability of the Russian Federation in the Arctic, as well as to provide favorable conditions for a fair delimitation of maritime spaces in the interests of the country’s socio-economic development. Due to it, the importance of the Northern Sea Route as one of the most effective tools for ensuring the interests of Russia in the Arctic is of great urgency, the use of which relates to several factors that invariably contain an international political component. There have been considered in detail the issues of the formation, development and functioning of the Northern Sea Route. There have been substantiated the conclusions about its strategic importance in ensuring Russia’s interests in the Arctic, which are focused on the economic and social development of the Arctic zone of the Russian Federation.

UDK: 342.951:351.82

Sergey Al. Semenov - FASRT Russian Maritime Security Service

Abstract. The establishment of safety zones around artificial islands, installations, and structures operated and used in the exclusive economic zone and on the continental shelf of the Russian Federation is one of the elements of their security. It is provided for by both maritime law and transport security legislation. However, there are conflicts between their norms, which are not resolved in favor of special norms yet. As a result, the Government of the Russian Federation has not identified artificial islands, installations and structures located on the continental shelf of the Russian Federation, which are transport infrastructure objects, around which safety zones are established. As a result, transport infrastructure entities have no legal grounds for implementing the measures provided for by transport security legislation in safety zones. There is uncertainty in the competence of the FSC of Russia, the Ministry of Internal Affairs, and the Ministry of Defense of the Russian Federation, which negatively affects the planning and implementation of measures to enforce security of installations and structures. According to the conducted analysis, there has been concluded that any violations of the boundaries of safety zones and the security measures by unauthorized vessels, floating craft or persons do not entail criminal or administrative liability envisaged by the Criminal Code of the Russian Federation or the Code of Administrative Offenses of the Russian Federation for violation of transport security requirements. The current paper has proposed solutions to the identified collisions.

UDK: 341.225:004

Tatiana B. Mordvinova - Maritime Law Agency (St. Petersburg); Admiral Makarov State University of Maritime and Inland Shipping, mla@oceanlaw.ru

Aleksandr S. Skaridov - Admiral Makarov State University of Maritime and Inland Shipping, alexskar94@hotmail.com

Abstract. Today, the process of digitalization is increasingly active in the field of maritime transport, namely electronic navigation is developing, management processes are being automated, software products are being introduced into almost all ship systems such as communication, cargo handling and management, ship control, ship power equipment, power supply, etc. The development and adoption of law regulations aimed at reducing ships’ vulnerability to cyber-attacks, the actions of malicious software and, as a result, increasing navigation security is a function of state control in the field of the maritime industry, and a responsibility of a captain of the seaport. Cyber threats are not a new phenomenon for the maritime industry, but the regulatory framework for counteraction is in the process of formation. According to the authors, the main responsibility of e-information circulation control in relation to ships in ports should belong to the seaport administration, and the development of law regulations should belong to the government.