Статьи рубрики | Protection of rights and interests in transport security

Bocharnikova K. Disputes in wagon repair economy as a special category of judicial and arbitration disputes

UDK: 347.918:656.2


Bocharnikova K. - postgraduate student of the department of civil law Of the national research Tomsk state University, practicing lawyer


Abstract. The history of the Railways and the corresponding transport has more than one century. In Russia, the idea of creating and operating Railways begins to emerge at the end of the XVIII century, when the development of any scientific and technical thought was in direct connection with the capitalist sentiments of society. With the development of capitalism, strengthening its foundations, which was the production of goods, the provision of various kinds of services, Commerce and other legitimate economic activities, in order to serve the industrial needs of large enterprises for the production of goods in 1825 in Russia there is a railway transport. Ten years later, pursuant to the Decree of Nicholas I of April 15, 1836 in Russia begins the construction of the first Tsarskoye Selo railway.

Today it is difficult to overestimate the special strategic importance of the railway complex for the developing economy of the Russian Federation, the share of transport and communications in which, according to Rosstat, is 8.7%. The railway is an important link of the unified economic system, provides stable activity of industrial enterprises, timely delivery of vital goods to the remote territories of the country. However, this effect could not be achieved if the structure of the railway complex of Russia did not have special education — wagon repair companies (VRK), whose activities are directly related to the maintenance of the proper condition of rail transport (freight and passenger).

In this regard, the activities of these companies, in particular the practice of their participation in litigation, is of particular interest to the author of this article. Therefore, one of the objectives of our study is to consider the features of the activities of wagon repair companies, as well as relations with their participation, which determine the specifics of judicial and arbitration disputes about the poor quality of repairs of freight cars carried out by wagon companies.

The article considers the features of arbitral disputes with Stock Carriage Repair Kompanies related with their special legal status and structure. The author analyzes the sources of legal regulation relations of maintenance of railway carriage and the order of reclamation-claim work in this field. A lot of attention is paid to review a role of documents and warranty. The article also provides an analysis and synthesis of new judicial practice on disputes about compensation of the costs arising because of defective repair of railway carriage.

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Dmitrieva O., Gorobets A. Influence of tariffs of the Russian railway on development of the railroads

UDK: 338.47: 656.2


Dmitrieva O. - candidate of economic sciences, associate professor department «Customs law and organization customs affairs» of the Law Institute Russian University of Transport

Gorobets A. - student of the Law Institute Russian University of Transport


Abstract. Russian Railways are one of the largest rail networks in the world, and Railways in Russia are crucial and in some cases even the only mode of transport for passengers and cargo. Russian law, namely article 4 of the Federal law of 17 August 1995 № 147-FZ «On natural monopolies», defines the natural monopoly sectors of the economy in which tariffs should be regulated, and Railways are subject to this Law. In this article tariffs of JSC «Russian Railways» are analysed, classification of tariffs is presented, the retrospective analysis of tariffs is carried out, the interrelation of tariffs and costs for transportation by railway transport is revealed and also the analysis of revenues of JSC «Russian Railways» for 2 years is carried out.

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Baskakova I., Samoylenko S., Dyurikenova E. The agreement on organization of cargo transportation

UDK: 347.463


Baskakova I. - candidate of legal sciences, docent of department of civil law and civil process of the Law Institute of Russian University of transport

Samoylenko S. - student of the Law Institute of Russian University of transport

Dyurikenova E. - student of the Law Institute of Russian University of transport


Abstract. Recently, contracts for the organization of transport of goods have become widespread. This is due to the adoption of various international transport codes and agreements, as well as the development of trade relations. Economic entities that systematically turn to the services of cargo carriers need long-term planning of this process. However, the legal nature of this agreement is not clear and is interpreted by scientists in different ways. In this article the features of the agreement on organization of cargo transportation is considered. The authors have analyzed the current Russian legislation in this sphere, the existing publications in order to precise the legal status of the agreement on organization of cargo transportation, determine its independence.

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Koryakin V., Kinashenko I. About some problems of compensation to the airports of expenses on providing services in ensuring flights of the state aviation

UDK: 347.82


Koryakin V. - doctor of law, professor, head of the department «Civil law, international private law and civil procedure» of the Law Institute of the Russian University of transport

Kinashenko I. - associate professor, department «Civil law, international private law and civil procedure» of the Law Institute of the Russian University of transport


Abstract. The article presents a scientific and practical commentary to the Decision of the constitutional Court of the Russian Federation of July 16, 2018 № 32-P, according to which the provisions of paragraph 3 of the article are recognized as not corresponding to the Constitution of the Russian Federation. 69 of the Air code of the Russian Federation (VC of the Russian Federation) to the extent that in the system of the current legal regulation they do not provide certainty of conditions of compensation to legal entities at the expense of means of the Federal budget of expenses on rendering services in airport and ground support of flights of the aircrafts belonging to the state bodies performing functions on ensuring national defense and security of the state.

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Kobzeva E., Mamina O. Ensuring the rights of persons with disabilities in the carriage by rail

UDK: 342.4:656.1


Kobzeva E. - candidate of legal sciences, associate professor «Theory of Law and Natural Resource Law» of Law Institute of the Russian University of Transport

Mamina O. - candidate of legal sciences, associate professor «Theory of Law and Natural Resource Law» of Law Institute of the Russian University of Transport


Abstract. Protection of the rights of persons with disabilities is one of the highest priorities of domestic policy. On the part of the state, the social protection of disabled persons consists in creating all necessary conditions that enable disabled persons to lead a full life, ensure access of disabled persons to public transport, and adapt standard vehicles for the use of their disabled. In 2008, the Russian Federation signed in 2012. ratified the Convention on the rights of persons with disabilities in 2006, which is an indicator of the country's readiness to create conditions aimed at compliance with international standards of economic, social, legal and other rights of persons with disabilities. The signing of this Convention has established the fundamental principles that should guide the state in relation to persons with disabilities. The article deals with issues relating to the peculiarities of transportation of disabled people by rail, analyzes the legislation governing this issue, and highlights the problems in this area that require resolution.

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Timonina I. Disciplinary responsibility of workers of transport

UDK: 349.2 + 347.463


Timonina I. - candidate of legal sciences, docent of the department «Theory of law and natural resources law» of Law institute of the Russian university of transport


Abstract. The article deals with the issues related to the peculiarities of legal regulation of labor discipline of transport workers. In his article the author investigated the problems of legal support of labor discipline and compliance with the rules of internal labor regulations by transport workers. The author not only analyzes the existing problems of compliance with the internal labor regulations, but also the order and types of responsibility of employees for its violation. And one of the ways of applying disciplinary responsibility is the method of applying disciplinary sanctions. The author of the article notes the importance of compliance with labor discipline by transport workers, as it affects the efficiency of any organization, and especially the activities of the transport company, as employees of these enterprises directly ensure the safety of passengers and cargo transportation. The article distinguishes two types of responsibility: General and special. General disciplinary responsibility is regulated within the limits of internal labour regulations. Special disciplinary responsibility applies to certain categories of employees by statutes and regulations on discipline and has its own characteristics. In the article the author draws attention to the fact that employees of transport enterprises in connection with special working conditions bear special responsibility, but only if these duties were assigned to them properly and are fixed in the employment contract. The article examines the procedure of imposition of disciplinary penalty, the rules of its imposition, which must strictly comply with the employer; the procedure of its removal, the procedure of appeal in the light of the current labor legislation. The author considered in the article the disciplinary responsibility of transport workers on the example of the responsibility of railway work-ers, especially such responsibility.

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Timonina I. Legal regulation of working time of transport workers

UDK 349.22


Timonina I. - candidate of legal sciences, docent of the department «Theory of law and natural resources law» of Law institute of the Russian university of transport


Abstract. The article deals with the peculiarities of legal regulation of working hours established in transport organizations. The author considers the issues related to the importance of normative legal regulation of working hours of transport companies, the specifics of its regulation, especially the work of transport workers. The author notes the further development of labor legislation and the Institute of working time, and the need for constant control by the state.

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Openeyshev O. Anipko I. Actual issues of supervision over the transport prosecutor’s office for compliance with anti-corruption legislation

UDK 347.963


Openeyshev O. - deputy prosecutor of the Moscow interregional transport prosecutor's office, state counselor of justice of the 3rd class, candidate of legal sciences, honored worker of the prosecutor's office of the Russian Federation

Anipko I. - graduate of the Law Institute of the Russian University of transport


Abstract. This article examines the problematic issues related to the implementation by the transport prosecutor's office of the supervision of compliance with anti-corruption legislation, based on the analysis of the powers of the transport prosecutor's office, the practice of its activities, statistical data, the most conflicting and problematic legislation, measures to improve the efficiency of prosecutorial supervision in the sphere counteracting corruption in transport.

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