Статьи рубрики | International transport law

Scientific specialty:

12.00.10 “International law; European law”

Aleksey S. Kharlanov, Elena Iv. Sherysheva, Viktoriya Al. Pavlova. Geoeconomic transformation of the integration group of the Eurasian Economic Union and estimation of the participation of the People’s Republic of China in this process

UDK: 339.923


Aleksey S. Kharlanov - Candidate of Technical Sciences, Doctor of Economics, professor of the department of world economy of the FSEPI HE “Diplomatic Academy of the Ministry of Foreign Affairs of the Russian Federation”

Elena Iv. Sherysheva - Deputy Director of the department of transport and infrastructure of the Eurasian Economic Commission (EEC)

Viktoriya Al. Pavlova


Abstract. The current paper has presented the history of the evolution of the processes of modern integration group formation on the example of the Eurasian Economic Union. There has been considered the role of the People's Republic of China in promoting the ideas of cooperation between the countries of the Eurasian Economic Union and the search for joint sales markets and opportunities for creating and developing VAT chains. There have been given the possible scenarios for the transformation of the Eurasian Economic Union in the global scale and in interaction with the republics of the former USSR as a strategic union of the geoeconomic significance of Russia’s influence.

Статья целиком →

Dariya Al. Dinets, Anatoliy S. Merkulov. Application of the transport corridor management principle to the organization of the Trans-Siberian Railway activitie

UDK: 338.28


Dariya Al. Dinets - Candidate of Economic Sciences, associate professor, head of the department “Economics and management in railway transport” of the Irkutsk State Transport University

Anatoliy S. Merkulov - Candidate of Economic Sciences, docent, associate professor, head of the department “Economics and management in railway transport” of the Irkutsk State Transport University


Abstract. The current paper has studied possibility to estimate adaptability of the world experience in transport corridor managing, including international, to the process of organizing and managing the Eastern railway test range. Particular attention has been paid to the analysis of the possibilities to implement the corridor management principle on the Trans-Siberian Railway to have possibility of competitive interaction with the railways of Europe, East and Central Asia in the framework of international transport construction projects. There has been conducted a comparative analysis of the management practices of intermodal transport corridors according to access universalization and intermodality stimulation. There have been found out the conditions and prerequisites for achieving commercial payback of transport construction and integration projects due to priority areas, cargo types, types of rolling stock and the role of international transport integration in achieving the goals of socio-economic development of regions. There has been determined that the focus on long-distance transportation of bulk cargo hampered the implementation of the transport corridor management principle on the Trans-Siberian Railway. There has also been proven that a vertically integrated structure with a network of unequal functional and territorial branches with fundamentally different goals prevented the possibility of providing non-discriminatory access to the railway transport infrastructure, including for intermodal transport operators. The lack of competitive advantages in interconnected transport modes is also a prerequisite for the non-profitability of transport construction and integration projects, the involvement of mass players in exchange market in the carrying and carrying capacity of integrated carriers. Finally, there have been given the key directions of improving the Trans-Siberian Railway system of organization and management in order to ensure competitiveness, to obtain positive effects from the implementation of projects for organizing railway test ranges, as well as effective integration into projects for the development of international transport corridors.

Статья целиком →

Vasiliy N. Gutsulyak. Proselyte norms in Russian and International maritime law

UDK: 341.24


Vasiliy N. Gutsulyak - Doctor of Law, professor, head of the department “Maritime Law” of the Law Institute of the Russian University of Transport, honorary worker of the Navy, president of the International Maritime Law Association, leading expert of the Center for the promotion of autonomous navigation technologies ‘MARINET RUT’


Abstract. Sea transport is one of the most high-tech modes of transport, “absorbing” all the new achievements of science and technology. It is impossible to imagine a modern ship without a whole complex of technical means to enforce its security and prevent pollution of the marine environment. A new stage in the development of international shipping was the emergence of maritime autonomous surface ships with various levels of automation, allowing reducing the number of crew on board or even completely abandon its services, using autonomous navigation technologies. Scientific and technological progress gives rise to the necessity for a clear legal regulation of the interaction between a man and technology, which are to provide safety standards (proselyte norms) that have their own characteristic features. The current paper has presented an etymological analysis of the term “proselyte” taking into account domestic and foreign sources, formulates the author's definition of a proselyte norm, which, according to the author, should contain a technical requirement in a specific digital expression and/or “correlate” with technology (technical device). An important feature of proselyte norms is that they do not operate in isolation from other legal norms. Moreover, sometimes the implementation of certain legal norms is impossible without the application of proselyte norms. By their legal nature, proselyte norms are social norms, since they are aimed at achieving a certain social effect. All conclusions of the author have been illustrated with specific examples. The current paper has also presented the author’s classification of proselyte norms within the framework of maritime law, depending on the content of the disposition, on the applied method of legal regulation, on the system of law in which it functions, on legal force and on a lawmaking subject. Much attention has been paid to such types of proselyte norms as international and national technical standards. Finally, the current paper has pointed out the necessity for further research on the legal nature of proselyte norms, their features, functions, their implementation procedure and the ways to improve their efficiency.

Статья целиком →

Mikhail V. Zharikov, Irina Iv. Shatskaya. Transport and infrastructure aspects of the organization and support of the tourism industry during the COVID crisis

UDK: 338.4:656.01


Mikhail V. Zharikov - Doctor of Economic Sciences, professor of the Financial University under the Government of the Russian Federation

Irina Iv. Shatskaya - Candidate of Economic Sciences, docent, associate professor of the department ‘Administrative Law, Ecological Law, Information Law’, Law Institute, Russian University of Transport


Abstract. The relevance of studying the problems of transport and infrastructure support of the tourism industry has been manifested in the necessity to adapt the industry in an unfavorable sanitary and epidemiological situation. The significance of the study results is in the development of approaches that allow the enterprises of the tourism industry to function taking into account the implementation of social distancing measures, special requirements for hygiene.

Статья целиком →

Vladimir Ev. Chebotarev, Irina Ol. Rakova. Legal regulation of international flights over the state territory

UDK: 341.9


Vladimir Ev. Chebotarev - Candidate of Economic Sciences, docent, associate professor of the department ‘Administrative Law, Ecological Law, Information Law’ of the Law Institute of the Russian University of Transport

Irina Ol. Rakova - student of the Law Institute of the Russian University of Transport


Abstract. The current paper deals with the discussion of the current regulatory legal acts governing international flights over the state territory. These include national and international regulatory legal acts. International treaties and national legislation of states divide international flights into two categories: scheduled and non-scheduled. The main source of legal regulation of international air flights is the Chicago Convention of 1944. The paper has proposed to amend this international document regarding non-scheduled flights. Russia's withdrawal from the Open Skies Treaty is currently a topical event.

Статья целиком →

Olga Al. Khotko, Anna Al. Chebotareva. Legal issues of international cooperation in the field of environmental safety of transport activities

UDK: 349.6


Olga Al. Khotko - Candidate of Law, docent, associate professor of the department of ecological and agricultural law, the Belarus State University

Anna Al. Chebotareva - Doctor of Law, docent, head of the department ‘Administrative Law, Ecological Law, Information Law’ of the Law Institute of the Russian University of Transport


Abstract. The current paper has analyzed the regulation of ensuring environmental safety in the field of transport activities in various countries and interstate integration formations. The paper has also considered the prospects for improving legal international approaches in order to increase cooperation between countries. Among the significant factors that impede the solution of this urgent problem is the imperfection of the institutional environment for ensuring environmental safety. There has been established that the European Union has a mechanism for interaction between the countries - members of the Eurasian Economic Union, but it is not sufficiently developed. There has been proposed to intensify international cooperation in the environmental and legal sphere, which is a necessary element in the transport sector in order to reduce the impact of transport on the environment and the global problem associated with climate change. There have been made conclusions about the necessity to formulate the principles of international cooperation in the field of ensuring environmental safety of transport activities.

Статья целиком →

Alla V. Pavlova. The analysis of the transport development in the countries of the Eurasian Economic Union

UDK: 656.02


Alla V. Pavlova - Candidate of Economic Sciences, associate professor of the department ‘Customs Law and Organization of the Customs Affairs’ of the Law Institute of the Russian University of Transport (MIIT)


Abstract. The setting up of a general transport area of the Eurasian Economic Union (EAEU) is currently one of the strategic guidelines. Due to it, the development of the transport sector in the EAEU member countries is of great importance. The current paper has presented the study of the state of transport development in the EAEU member countries throughout the whole period of the Union's functioning; there has been analyzed a transportation burden, a cargo turnover, passenger transportation and passenger traffic. The analysis has identified the trends and patterns in the development of the transport sector of the EAEU as a whole and that of each member countries. Based on the results of the analysis, there have been formulated the conclusions.

Статья целиком →

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.

Статья целиком →

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.

Статья целиком →

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.

Статья целиком →