UDK: 656.61

Vitaly V. Klyuev - director of the Department of State Policy in the field of maritime and inland water transport of the Ministry of Transport of Russia

Abstract. The formation of a legal framework for the operation of maritime autonomous surface ships (MASS) in Russia with the entry into force of the federal law on autonomous vessels and a set of regulatory legal acts of the Government of the Russian Federation and federal executive authorities on the topic of autonomous navigation provided for by this law is almost complete. From September 1, 2024, subjects of public relations related to the operation of autonomous and semi-autonomous marine and river vessels will be able to make the transition to this new technology if appropriate technical capabilities are available. The existence of a large number of legal acts that form the regulatory framework for autonomous navigation requires systematic understanding, analysis and consideration in order to apply them comprehensively in practice. This publication is aimed at generalizing the ideas and provisions of individual acts in the field of autonomous navigation, outlining regulated legal relations in a systemic relationship.

UDK: 338.47

Aleksandr D. Serov - The Northern Sea Route in the Context of Russia’s Arctic Policy

Abstract. The Arctic region has an undeniably valuable resource potential. Its consistent, reasonable development allows ensuring the national security of the Russian Federation and satisfying its national interests. The Northern Sea Route acts as a national transport communication in the context of Arctic policy. The current paper has substantiated that the infrastructure of the Northern Sea Route and its purpose are determined historically. Based on the international legal approach to the formation of customary norms, as well as the urgent need for full regulation of the legal status and mode of use of the Northern Sea Route, the Russian Federation is currently taking active steps to adopt the necessary legal norms to regulate relations in this area of relations. Due to the strategic importance of the Northern Sea Route in the Arctic territories, foreign countries are increasingly turning to the issue of internationalization of this water area, primarily to ensure unimpeded navigation. There has been concluded that such an approach will not only negatively affect the state of the sea territories but may also negatively affect the national security of the Russian state. There has been also confirmed the idea of the necessity to develop and adopt the Arctic Code of the Russian Federation, which will become the only legal document that will also predetermine the procedure and conditions for using the Northern Sea Route. There has been emphasized the need for consistent development of federal standards that will determine the quality of life of people in the Arctic territories, which is very important in the context of protecting indigenous peoples. Finally, there has been concluded that research and development in regulation of the Northern Sea Route have an extremely large-scale diversity, that is why it is necessary to continue studying and identifying problems in this area of relations, which will undoubtedly have a positive impact on the protection and provision of national security of the state.

UDK: 347

Yury V. Mel’nik - Russian University of Transport (MIIT)

Abstract. According to the generally accepted definition, “Flag of convenience” is a business practice whereby a ship’s owner is of a nationality other than the nationality of the ship. But the problem is that the lists of registries, which are called “flags of convenience”, are very different. The current paper has aimed to develop a definition of “flag of convenience” through the analysis of the history of ship registration, as well as comparative legal analysis. To study this there has been reviewed legislation of six countries, as well as research papers from eight countries. As a result, there have been identified three main approaches to determining which flags are considered convenient. Thus, a registry may be called a “flag of convenience” if the flag state does not fulfill its responsibilities. There have been determined the characteristic features by which one can identify a “flag of convenience”. This information can be crucial in making recommendations to Russian shipowners and insurance companies when assessing the risks and benefits of a particular registry, since 61% of ships owned by domestic shipowners are registered in other countries.

UDK: 347

Vitaly V. Klyuev - director of the Department of State Policy in the field of maritime and inland water transport of the Ministry of Transport of Russia

Abstract. Maritime law in the Russian legal system is a complex branch of law, the main element of which is the Merchant Shipping Code of the Russian Federation (MSC). On April 30, 2025, there was the 25th anniversary of the date of coming into effect of the MSC of RF, which became a worthy successor to the 1929 and 1969 predecessors with similar names. The current paper has given an analysis of the place of the MSC in the Russian legal system, an analysis of the evolution of the MSC over its 25-year history and an evaluation of possible further development.

UDK: 349.6

Dmitry Al. Filippov - Russian University of Transport (MIIT)

Abstract. The current paper has considered the stages of legal regulation of the use of the Caspian Sea by the states belonging to the Caspian basin in various historical periods. There has been conducted a retrospective review of regulatory legal acts regulating relations in the Caspian Sea since the beginning of the twentieth century to the present time. There have been identified the legal consequences of the lack of uniformity of approaches to the legal status of the Caspian Sea for relations regarding the use of its natural resources. There have been considered the prerequisites for various approaches to the legal regime of the Caspian Sea. There has been studied the significance of the development of shipping on the Caspian Sea for the implementation of the goals of the Transport Strategy of the Russian Federation for the period until 2030 with a forecast until 2035. There have been established the key factors influencing changes in the volume of cargo transshipment through the ports of the Caspian Basin.

UDK: 627.09

Sergey An. Sinitsyn - Doctor of Law, professor, Russian Academy of Sciences, chief researcher at the Private Law Center, Institute of Legislation and Comparative Law under the Government of the Russian Federation

Pavel P. Kabytov - Candidate of Law, Institute of Legislation and Comparative Law under the Government of the Russian Federation

Abstract. Transport legislation, as part of the regulation of relations arising among water transport organizations, shippers, consignees, passengers, and other individuals and/or legal entities during shipping, has carried out the legal identification of river and seaports, determined the elements of the property and legal status of ports and property located in ports, and fixed the features of the legal regulation of property relations, the object of which is the property located in the port. These features include the establishment of a special procedure for leasing port property that is federally owned by persons who own port infrastructure facilities that are “unbreakably linked” with the leased property. The current paper, based on a systematic interpretation of legal norms, has identified the content of the category “unbreakable link” in relation to port infrastructure facilities. While examining the current legislation, there has been concluded that there are certain contradictions in it. The paper has also formulated recommendations for public authorities on the interpretation of criteria for the unbreakable link of port infrastructure facilities within the framework of law enforcement activities.

UDK: 656.61

Hlali Arbia - Department of Economics, University of Sfax, Tunisia

Vladimir Ev. Chebotarev - Russian University of Transport (MIIT)

Naser Abdel Raheem Al Ali - Russian University of Transport (MIIT)

Abstract. The integration of autonomous shipping introduces several transformations in the maritime sector, mainly the sustainable value creation. However, this technology adoption provokes some challenges. The purpose of the current paper was to study the complicated balance between two critical aspects of autonomous shipping, such as sustainable value creation and cybersecurity risks. In addition, there has been considered how autonomous shipping creates sustainable value while at the same time establishes a robust cybersecurity system. There have been also studied various advantages created by autonomous ships and underlined the cybersecurity threats, also stated the solution of different challenges. The conclusions have highlighted the importance of autonomous shipping value creation and the necessity of current regulations’ correction.

UDK: 347.79

Vitaly V. Kluyev - head of the Department of State Policy in the field of maritime and inland water transport of the Ministry of Transport of Russia

Abstract. The Russian Federation has adopted a comprehensive federal law in the field of autonomous shipping. Many provisions of this law are innovative in nature; there have appeared new concepts in the field of merchant shipping and navigation on inland waterways, new legal structures, new subjects of legal relations related to merchant shipping and shipping. These provisions require comprehensive analysis, discussion, and scientific evaluation. The adopted amendments to the legislation in the field of merchant shipping eliminate legal restrictions on the development and introduction into widespread use of autonomous ships, but at the same time create the need for a more detailed study of various aspects of the existing system of law in the area under consideration. The current paper has presented the study, based on the methods of modern hermeneutics and general scientific systematicity, which analyzed the process of preparing the law on autonomous navigation, the legal discussions that arose in this process, as well as an assessment of this law. The Law on Autonomous Shipping is the first regulatory legal act in the field of autonomous (unmanned) transport; its designs can be used in formulating the provisions of the relevant legal norms in road transport and aviation.

UDK: 341.61

Shehab Hossam Hamid - Prof. Dr., Ministry of Higher Education, University of Tikrit, College of Law (Iraq)

Al Ali Naser Abdel Raheem - Candidate of Law, associate professor, Russian University of Transport (MIIT)

Vladimir Ev. Chebotarev - Candidate of Economic Sciences, associate professor, Russian University of Transport (MIIT)

Abstract. The process of defining maritime areas has always had a prominent place in disputes resulting from conflicts of interest in these important regions of the world and the importance of defining maritime boundaries stands out in narrow sea areas where countries with diverse interests meet. In order to ensure stability and peace in those maritime areas, it is necessary to search for the best ways and means to determine those boundaries to achieve justice in the determination. The current paper has analyzed the 1982 Convention, which created some principles and methods in determining maritime boundaries, and among those principles was the principle of special circumstances. The principle of the midline can be adopted in normal cases through which fair results can be achieved, but this principle may not be valid in other cases and if this principle was applied in those cases, it would show us unacceptable results. The maritime extensions of coastal states are connected with the supreme vital interests of the state in terms of economic, security and military aspects, which makes disputes resulting from the determination of maritime borders between opposite or neighboring countries not only characterized by their abundance and diversity, but also by their intertwining and complexity due to their relevance to economic, geographical and political issues in the area where maritime boundaries are determined, as well as the legal points raised by the delimitation process.