UDK: 347.463:656.2.073(075.8)

Gennady Yu. Leshchov - Department of State Policy in the Field of Railway Transport of the Ministry of Transport of Russia

Abstract. The author of the current paper has considered and substantiated urgent issues about the specifics of the dangerous goods’ transportation by railway. Features of such cargoes (due to physical properties, dangerous properties that require special care during transportation, capable of harming both a person and the environment), as well as the specifics of transportation by one of the most common modes of transport predetermine the necessity to develop certain regulatory approaches to such transportation. At the same time, the main goal-setting in such transportation is the prevention of negative impact on the environment. The current paper has focused on the main priority directions in the field of ensuring environmental safety in the dangerous goods’ transportation by rail. There have been risen questions of responsibility for causing environmental harm. As a result of the study, there have been proposed possible additions to the rules for dangerous goods’ transportation and the rules for the transportation of liquid cargo in bulk in tank vehicles and bunker-type vehicles for the transportation of oil bitumen, aimed at eliminating the negative impact on the environment caused by dangerous goods transported in cars, containers, as well as wagons-tanks, and creating equal competitive conditions for consigners.

UDK: 349.6:656.2

Viktor Iv. Ivakin - 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

Abstract. The urgency of the current paper is expressed in the fact that it is one of the few research works in the history of Russian jurisprudence, which is directly devoted to the legal protection of railway transport lands as a natural resource. Prior to this, the lands of the analyzed type were considered in the overwhelming majority of cases as objects of ownership and as an object of economic activity. There has been analyzed the legislation, including laws, orders, regulations, and other acts. There has been identified the imperfection of the legislative technique and legal terminology. There have been made the corresponding conclusions and proposals.

UDK: 629.5.068.3

Nikolay Al. Dukhno - Doctor of Law, professor, advisor of the administration of the Russian University of Transport, honorary worker of higher education of the Russian Federation

Abstract. The purpose of the current paper was to determine the state of the environment in the field of water transport; to establish the influence degree of water transport on environmental pollution; to identify the role of legal means in environmental protection in the field of water transport; to substantiate the necessity for new measures to improve the legal impact in environmental protection in the field of water transport. The current study was carried out on the basis of scientific methods of search, assessment, comparison, statistics, forecasting, as a means of understanding theoretical, normative legal and practical sources, reflecting the processes of protection of water facilities used by water transport. The method of analyzing sources that contain information on the state of water facilities, on the degree of their pollution, on the impact of the right to protect water facilities in the field of water transport on the water pollution effect on human health provided substantiation of the current conclusions. There has been established that the harmful effect of water transport objects and means is not so great in comparison with other sources of pollution of water facilities and the environment in the regions where water transport operates. There has been identified low efficiency of the influence of legal sources and legal means on the relations arising during the legal protection of the environment at water transport facilities. There have been established the incompatible processes between the adoption of laws and their implementation in legal relations for the protection of water facilities, inconsistencies between the legal requirements for environmental protection and activities that pollute water facilities. There have been made the conclusions about the weak influence of legal sources and legal means on the environment protection in the field of water transport. The study has confirmed the necessity to develop new legal measures to ensure favorable environment in the field of water transport. The impact of water transport on the unsatisfactory state of water facilities is not the main source of environmental pollution, but measures of legal impact on water transport activities can achieve a legal order, the level of which will ensure the environment preservation that is friendly to human health and natural objects. This requires significant changes in the sources of law and the means of its implementation in the legal order on water facilities. The development of legal sources and legal means should be carried out in new ways that ensure law transformation into a functional tool, an individual into a person with a stable legal worldview. The direction of such development forms the legal conditions for legal order formation that guarantees environment preservation not only on water facilities, but also on other natural objects in a human friendly condition.

UDK: 656.13:628.5(076.5)

Viktor Iv. Ivakin - Candidate of Law, associate professor department ‘Administrative law, ecological law, information law’ of the Law Institute of the Russian University of Transport

Abstract. In the criminal legislation of many world countries there are norms that envisage sanctions for terrorism. However, there are no norms establishing liability as environmental terrorism. This phenomenon is a set of actions of radicals who are fighting for the idea of providing animals with appropriate rights, and also oppose the exploitation of fauna species. Moreover, these persons in such cases can use violence against citizens, and the designated norm is very necessary. The current paper has analyzed such a phenomenon as environmental terrorism using various types of transport. On the examples there have been considered its varieties, including ecocide and ecotage. Also, there have been made the relevant proposals aimed at the effectiveness of the functioning of legal norms in the area of regulation of public relations.

UDK: 341.9:349.6

Bulat Az. Bayramov - student of the Law Institute of the Russian University of Transport

Mikhail V. Morgunov - student of the Law Institute of the Russian University of Transport

Aleksandr V. Romanov - student of the Law Institute of the Russian University of Transport

Abstract. Human economic and economic activity leads to the fact that under the effect of anthropogenic factors, the World oceans are intensively depleted in both the environmental and economic components. The mankind needs to solve the current problem of growing needs and limited resources. In the current study, we have considered possible ways to eradicate environmental pollution caused by ballast water discharge, as well as features of national legislation in the field of environmental law with an eye to foreign experience, to determine possible ways to reduce the negative impact on the world around us.

UDK: 349.6:656.13

Dmitriy Ig. Lychev - lecturer of the department 'Administrative Law, Ecological Law, Information Law' of the Law Institute of the Russian University of Transport

Abstract. In Russian legal science, little attention is paid to the issue of the relationship between environmental and transport law, but the Russian railways in the current situation are the “locomotive” for the legal protection of atmospheric air. Based on this, we see that it is the rail mode of transport in Russia that was the first to pursue a long-term environmental and legal policy. At the same time, rolling stock and stationary sources continue to emit pollutants in an amount with which further development is impossible. There is a problem of destruction of protective forest plantation. In this regard, in the modern legal system, it is necessary to clearly distinguish legal liability between Russian Railways and the state and municipal authorities in the framework of monitoring protective forest plantation and atmospheric air.

UDK: 342.9:656.13.502.3

Takhir S. Efendiev - 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

Viktor Iv. Ivakin - 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

Abstract. The current paper has considered the urgent issues of the application of administrative liability for environmental offenses. There have been identified the features distinguishing the named category from other varieties of legal liability, particularly from environmental and legal liability. Environmental and legal liability is an independent form of liability being applied also for transport offenses, which, together with others, forms such an institution of law as legal liability in the field of environmental protection. The researchers have made an attempt to classify varieties of administrative liability for environmental offenses. Some attention has been paid to the reasons for applying this form of liability, which are offenses in the field of environmental protection, connected with transport in one way or another. There has been proposed the systematization of such reasons and identified, for example, offenses in the field of forest relations, mining legislation, rules for water protection, rules for atmospheric air protection and others. Among the latter, there have been identified administrative environmental offenses committed in rail, air, river, sea, pipeline transport. Also, the current paper has considered administrative penalties that are imposed for offenses in this area of relations. They are a warning, an administrative fine, confiscation of the instrument or subject of an administrative offense, deprivation of a special right, administrative suspension of activity.

UDK: 502.1(075.8):656

Nikolay A. Dukhno - Doctor of Law, professor, Director of Law Institute, Russian University of Transport (MIIT), honorary worker of higher education of the Russian Federation

Abstract. Based on the estimation of environmental security and transport, the paper deals with the person needs to meet opposing interests. On the one hand, people are constantly striving to meet constantly growing transportation needs, destroying and polluting the environment, creating environmental hazards. On the other hand, a person needs environmental safety, which is possible only in the favorable environment. The state of the environment in transport remains alarming, despite of the measures taken to reduce pollution of natural objects with transport products. The made efforts and the money invested in the environmental protective programs do not ensure environmental security in transport. In order to achieve environmental security, it is necessary to improve transport, introduce new technologies, eliminate harmful effects on the environment, compensate for environmental damage and educate high environmental and legal culture among transport workers.

UDK: 349.6

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

Abstract. Nowadays due to the states’ wish to participate in mutually beneficial projects as a part of initiatives to establish common development processes of the EAEU member countries to create a single market and favorable conditions for trade and investment, environmental safety issues of transport activities are of particular importance. Legal enforcement of environmental security in modern economic conditions is a priority task of the state environmental policy. Both internal (within one state) and global economic development trends directly affect the condition of environmental protection and the well-being of the population. Enforcement of environmental security includes a set of measures carried out systematically and constantly with appropriate legal regulation. Protection and preservation of favorable environment for further generations in transport activities depends on the legislatively established measures of economic incentives for environmental protection and measures of legal liability for violation of legal norms. The article has shown the problems of environmental security in transport activities, the relevance of the law enforcement of environmental security. Special attention has been paid on the objects of transport activity that are environmentally harmful. There have been noted the measures of legal responsibility of transport entities for violation of environmental legal requirements.

UDK: 349.41:656

Viktor V. Koryakin - Doctor of Law, professor, head of the department of civil law, international private law and civil procedure, Law Institute of the Russian University of Transport

Rufat Ak. Talybov - lawyer, employee of the legal assistance center "Ekvitas"

Abstract. According to the Executive Order of the Government of the Russian Federation No. 159-p on February 5, 2016, the Federal State Government Institution “Directorate for the Construction and Operation of Russian Border Objects” (FSGI “Rosgranstroy”) was assigned to the Ministry of Transport of Russia. Prior to the entry into force of this executive order, FSGI “Rosgranstroy” was a subordinate organization of the Federal Agency for the Development of the State Border of the Russian Federation (RosGranitsa). One of the most important functions of this institution is preparation of documents for withdrawal and redemption, reservation of land for federal needs. The activities related to the withdrawal of land plots are necessary to increase and reconstruct existing checkpoints and to create new ones due to the constant traffic increase across the State Border of the Russian Federation. This circumstance makes the analysis of legal problems of land acquisition especially important. The article considers the problematic legal issues in the creation of new and arrangement of existing checkpoints across the State border of the Russian Federation. There has been made a conclusion about the incomplete legal regulation of the land acquisition procedure for these purposes. There has been analyzed judicial experience of the highest courts on such issues. There have been made some proposals to improve legal regulation of land exemption for governmental needs.