UDK: 347.79; 656.615

DOI: https://doi.org/10.30932/2500-1868-2026-58-2-18

Kirill An. Maslov - Managing Partner, Saint Petersburg Law Firm “Inmarin”, Saint Petersburg, Russia

Abstract. The current paper has considered the issues of legal support to the competitiveness of maritime container shipping in the line traffic on the Northern Sea Route. The work is of great relevance due to the necessity to develop legal support for container shipping on the Northern Sea Route as an alternative to traditional traffic. The study has determined a contradiction between the principle of regular line shipping and route restrictions, which becomes the problem of risk allocation and fulfillment of obligations. The operation of line container services along the Northern Sea Route must be accompanied by solutions to a number of existing issues, including the legal nature of line services, the transformation of contractual models, the definition of the parties and legal status of the line operator in its relations with the parties involved in the transportation, and the allocation of risks and liabilities among the parties involved in cargo transportation. There has been noted the necessity to adapt existing liability mechanisms to the specifics of container shipping on the Northern Sea Route and implement the concept of “managed risk”. There has been concluded that a special private-law model for line shipping along the Northern Sea Route is essential, with the Russian container line operator playing a decisive role.

UDK: 656.6

DOI: https://doi.org/10.30932/2500-1868-2026-58-2-17

Dmitry V. Gromovoy - Senior Advisor to the Maritime Logistics Department, JSC “Sakhalin-Morneftegaz-Shelf”, Yuzhno-Sakhalinsk, Russia

Abstract. The current paper has presented a comprehensive analysis of the application of the International Safety Management Code (ISM Code) as a cornerstone of the modernization of legal regulation of navigation safety on inland water transport of the Russian Federation. The relevance of the study is in the persistently high proportion of human factors in the causes of maritime accidents, the aging of a significant portion of the fleet, the necessity to harmonize national legislation with the standards of the International Maritime Organization, and the transition to risk-based supervision models. The purpose of the current work was to identify legal conflicts and gaps arising in the process of implementing the ISM Code into the Russian legal system, and to formulate legal proposals aimed at improving the efficiency of Safety Management Systems (SMS) in maritime and inland water transport. There has been argued that the evolution of the ISM Code, complemented by the development of voluntary industry instruments from the OCIMF (TMSA, OVMSA), is catalyzing a shift in emphasis from a technology-centric regulatory model to a management-oriented paradigm focusing on security and safety, and the institutional independence of the designated person ashore (DPA). There have been proposed to make the regulatory specification of the abstract provisions of the ISM Code in national law and to strengthen practice-oriented oversight of the actual, rather than formal, performance of the SMS.

UDK: 347.12

Yuri Al. Tarasenko - Candidate of Law, Associate Professor, Russian University of Transport (MIIT), Moscow, Russia

Abstract. The current paper has presented the analysis of the legal mechanisms for identifying and certifying customs of the seaports in the Russian Federation. There has been studied the characteristics of legal customs of the seaports as enshrined in Article 5 of the Civil Code of the Russian Federation and the regulations of the Chamber of Commerce and Industry of the Russian Federation. Particular attention has been given to the specifics of the procedure for certifying customs of the seaports, including the constituent entities, the competence of various organizations, and inconsistencies in current regulations. There have been found significant discrepancies between the theoretical understanding of a custom as a source of law and practical approaches to its recording. There has been analyzed the conflicting nature of customs of the seaports recorded by different organizations in the same territory, as well as issues of proving the existence of customs in legal disputes. There have been proposed the ways to improve legislation and practice in identifying customs of the seaports, aimed at ensuring legal certainty and stability in maritime trade.

UDK: 347.79

Tatiana An. Laguttseva-Nogina - Russian Biotechnological University (ROSBIOTECH), Moscow, Russia

Olga N. Skuybedina - Candidate of Philosophical Sciences, Associate Professor, Russian University of Transport (MIIT), Moscow, Russia

Abstract. The current paper has presented a comprehensive analysis of available and frequently used Russian- and English-language material, in order to use relevant English-language texts in training maritime law specialists. The analysis has revealed a very limited amount of such educational material. The material found is primarily based on terminology used by port workers, seafarers, and anyone involved in maritime affairs. However, the goal of training future maritime lawyers is to develop the ability to interpret various maritime legal acts, including international ones, and to draw conclusions about their correct and uniform application in maritime transport activities. There have been analyzed the most frequently used keywords in English maritime law terminology in the Springer database. There has been found a very small number of publications that contain materials directly related to maritime law. There has been proposed to conduct a further analysis to assess the suitability of English-language materials for educational use that reflect the current situation in the implementation of international maritime law principles.

UDK: 656.62

Denis V. Sosnin - Captain-Instructor, Vietnamese-Russian joint venture “Vietsovpetro”, Vung Tau, Vietnam

Abstract. The current paper has provided a comprehensive analysis of current issues of state control and supervision of inland water transport in the Russian Federation. There have been analyzed current legal mechanisms, including the Inland Water Transport Code of the Russian Federation, technical regulations on the safety of inland water transport facilities, and orders of the Ministry of Transport of Russia (2012–2025) governing control and supervision. There has been drawn attention to the shortcomings of current legislation regarding the coordination of interdepartmental cooperation, which negatively impacts the efficiency of state port control. There has been also confirmed the inadequacy of the regulatory framework for implementing digitalization of document flow in water transport; specifying criteria for assessing the risks of non-compliance with mandatory requirements; standardizing procedures for the temporary detention of vessels; and qualitatively assessing the technical condition of shipping hydraulic structures. The identified problems complicate the effective monitoring of a significant number of water transport facilities given the high depreciation of the industry’s fixed assets. An analysis of the regulatory framework and state oversight practices has allowed formulating conclusions that have practical implications for improving water transport security systems.

UDK: 33:34:32

Diana S. Timoshenko - Candidate of economic sciences, senior research associate, Department of Country Studies, Center for Arctic Studies, Institute of Europe of the Russian Academy of Sciences, Moscow, Russia

Abstract. The current paper has examined the legal and economic aspects of enforcing security of Baltic Sea shipping routes in the context of current global instability. The purpose of the study was to identify potential risks to Russian shipping, taking into account the changing geopolitical situation in the Baltic-Scandinavian macroregion.

The work was carried out within the framework of the state assignment of the Ministry of Science and Higher Education of the Russian Federation (research topic No. FMZS-2024-0013 “Systemic analysis of economic and political risks and opportunities of the Baltic-Scandinavian macroregion”).

UDK: 347.79

Vitaly V. Klyuev - Candidate of Law, Professor of the department “Maritime Law and International Law”, Russian University of Transport (MIIT), Moscow, Russia

Abstract. Maritime law, being a highly specialized legal field, has a complex composition of subjects in public relations, which requires separate study and doctrinal understanding. In any public relations, the defining element of such relations are their parties, the subjects, and entities. Unlike private law, public relations are built on the interaction of entities with different legal origins. In the field of public maritime law, both the public party of public relations and the party subject to public regulation have distinct characteristics relative to other branches of law, determined by the geographical application of the norms of public maritime law, multi-jurisdictional jurisdiction in various maritime spaces, and the broad autonomy of private maritime law entities. The current paper has considered the approaches to defining the legal nature and essence of legal entities in public legal relations. In order to study the specifics of public maritime law, there has been proposed to consider such two aspects of public social relations as a public entity of maritime law and a subject of public maritime law. Public entities of maritime law are individuals, bodies, and structures representing the public party, and which are vested with public-authority functions. Subjects of public maritime law are individuals who are directed with public maritime law regulation or with respect to whom public subjects of maritime law exercise functions or powers.

UDK: 35:656.6

Vitaly V. Klyuev - Candidate of Law, professor of the department “Maritime Law and International Law”, Russian University of Transport (MIIT), Moscow, Russia

Abstract. One of the most significant functions of public authorities in the field of maritime law is that of a vessel’s flag state, the exercise of which is regulated by both universal international norms and the national legislation of each country. Sea vessels registered in the jurisdictions of various states interact with each other, navigate maritime spaces of various legal status, and often have international crews. The intermingling of jurisdictions associated with the operation of a sea vessel requires profound analysis, the development of a sustainable model for regulating public relations for vessels of their “own” flag, and the development of legal mechanisms for omni channel interaction between the vessel, its crew, and the shipowner with public institutions in various states. The purpose of the current study was to identify the most common trends and approaches in the legislative implementation by various countries of flag state functions provided for by inter-row legal instruments, for the subsequent recommendations for regulating the legal status of Russian vessels during their operation in international freight.

UDK: 368.23

Nikita Ev. Minin - General Director of the LLC “Nautilus ― Insurance Consultants”, Moscow, Russia

Abstract. Marine insurance is an important financial and legal instrument for protecting interests in shipping. Scientific research in the field of legal regulation of marine insurance allows constantly improving this area of public relations. However, not much research has been written on this topic, which leaves quite a lot of space for the scientific activity of researchers.