Статьи рубрики | Theory and methodology of transport law

Scientific specialty:

5.10.1. Theory and history of culture, art (philosophical sciences, cultural studies, art history)

Samir M. Mikailov. On the necessity to introduce the concept of “railway security” into scientific circulation

UDK: 34.07

Samir M. Mikailov - Candidate of Law, associate professor, Kurgan Institute of Railway Transport, branch of the Ural State University of Transport

Abstract. The current paper has presented a scientific analysis of existing approaches to defining types of security related to the railway industry (such as “transport security”, “traffic security in railway transport”, “security of railway transport”, “security of traffic and operation of railway transport”, etc.) and on this basis there has been proposed to consider a new legal category “railway security”. There have been given arguments for the necessity to develop and implement this concept in science by the fact that the definition of this category will create not only a platform for scientific research in this area but will also provide the basis for the development of an effective strategy and policy in the field of railway security. At the same time, defining “railway security” as a type of “transport security”, the author has presented it as a state of protection of railway transport facilities (movable and immovable), its surrounding ecosystem, as well as a staff and passengers from various threats.

Статья целиком →

Sergey Al. Semenov. Parts of the transport security zone: conceptual problems

UDK: 342.951:351.82

Sergey Al. Semenov - Maritime Security Service

Abstract. Any legal institution is characterized by establishing its own special, unique conceptual apparatus, arising from the specifics of regulated social relations. The accuracy and unambiguity of legal concepts contributes to a common understanding of legal norms, ensures integral regulation of specific social relations, and prevents possible abuses of law. Transportation security, as a legal institution, is no exception. During its establishing, formation and development, there were introduced many new concepts into legal circulation. However, not all of them have received legal definitions to date. Until now, transport security legislation has not defined the concepts of “ground part of a transport infrastructure facility”, “underground part of a transport infrastructure facility”, “air part of a transport infrastructure facility”, and “above-water part of a transport infrastructure facility”. The definition of these concepts is important for planning and implementing measures to ensure transport security. Also, there is no explanation of the purpose of dividing a transport infrastructure facility specifically and only into the above-mentioned parts. The current paper has offered a critical look at the concepts of “ground part of a transport infrastructure facility”, “underground part of a transport infrastructure facility”, “air part of a transport infrastructure facility”, and “above-water part of a transport infrastructure facility”, there has been substantiated the opinion on the advisability of their exclusion from the legislation on transport security.

Статья целиком →

Nikolay Al. Dukhno. Transport law and its scientific basis

UDK: 343.346(07)

Nikolay Al. Dukhno - Doctor of Law, professor, Russian University of Transport (MIIT)

Abstract. The current paper has substantiated the necessity to develop transport law on the basis of scientific research on the factors that encourage making new legal norms. They are being developed under the influence of the features of transport relations identified by jurisprudence as a science. A comprehensive and complete scientific study of transport relations can form the theoretical basis for the development of new legal norms. Such norms can ensure the legal order in the field of transport in solving all its problems. Transport law is an integral part of jurisprudence. The expansion of the use of the scientific potential of jurisprudence opens the way to new directions in the study of transport law.

Статья целиком →

Viktor M. Koryakin. Ensuring the survivability of transport systems in the context of a special military operation: legal aspect

UDK: 69.059.4

Viktor M. Koryakin - Doctor of Law, professor, Russian University of Transport (MIIT)

Abstract. The current paper deals with theoretical and practical issues of ensuring the survivability of Russia’s transport infrastructure in the context of a special military operation. There has been shown that most of the publications on the problems of survivability of transport systems are devoted to the study of the stability of their functioning in emergency situations of a technological and natural-technogenic nature (accidents, catastrophes, natural disasters, etc.). However, in the last year, because of the active armed confrontation between Russia and Ukraine, supported by the collective West, the problem of ensuring the survivability of the transport system in emergency situations of socio-political and military origin (war, armed conflict, terrorism, sabotage, etc.) has become significantly more urgent. There has been given an analysis and scientific and practical commentary of legislative and by-laws which regulate the functioning of the transport system in these conditions. There have been made some proposals to improve legislation in this area of public relations.

Статья целиком →

Aleksandr Ig. Zemlin. Legal problems of innovative development of the transport industry

UDK: 347.4 (075.32)

Aleksandr Ig. Zemlin - Doctor of Law, professor, honored scientist of the Russian Federation, Russian University of Transport

Abstract. The current paper has presented the main provisions of the report delivered by the author at the International Scientific and Practical Round Table “Theoretical and Applied Perspectives of Legal Support for the Development of the Economy”, organized by the faculty of law of the Belarus State University and the Institute of management personnel of the academy of management under the president of the Republic of Belarus and held on October 21, 2022, at the Belarus State University. Due to the special importance of transport for the economy, the achievement of geopolitical unity and the sovereignty of any country, the necessity for clear and complete legal support and systematic organizational ordering of activities in this area using public law regulation is of great urgency. In modern conditions of Russian reality, the degree of rigor of the legal regulation of transport relations naturally increases. The development of innovative technologies and increase of the autonomy of transport through the use of an automated driving system entail a paradigm shift in the legal regulation of relations in the field of traffic management. The increasing use of highly automated vehicles determines a departure from the previously unshakable postulates about the necessity to ensure a constant driver’s control when driving a vehicle and the presumption of responsibility (including innocent) of the owner of a source of increased danger for damage caused by a car. The objectives of the work were to study the current state and prospects for the legal regulation of relations associated with the use of highly automated vehicles, for the presence of shortcomings; search for ways to eliminate conflicts and gaps in legal regulation. In order to understand the meaning of the norms of the current legislation and verify them for their solidity and compliance with the requirements of practice, there were chosen the formal-dogmatic and systemic methods of special legal research as the main search methods used in the work. Based on the study results, there has been concluded that a number of gaps in the legal regulation of relations associated with the introduction and use of highly automated vehicles create significant obstacles to the effective development of the transport complex using innovative technologies. The formulated proposals to eliminate these gaps can serve the purpose of determining directions for further scientific study of problems that are essential for the innovative development of the economy and transport.

Статья целиком →

Nikolay Al. Dukhno. Transport law research methodology

UDK: 347.4(075.32)

Nikolay Al. Dukhno - Doctor of Law, professor, Russian University of Transport, naduhno@ui-miit.ru

Abstract. The current paper has presented the data on the state of the transport law research methodology. Application of an outdated research methodology contributed to a decrease in the level of the scientific basis of the transport law theory. The established commitment to the outdated methodology of the study of legal problems has seriously narrowed the scope of research. Many objective phenomena did not fall into the orbit of research, which excluded the scientific estimation of reality and reduced the value of theoretical developments. Law has become a weak source in replenishing the legal ideas of new legislation. The lack of sufficient legal regulators resulted in the fact that many scientific developments were not introduced into modern transport technologies. Limiting themselves to research on the current legislation, scientists did not delve into the phenomena that caused shortcomings in the transport industry. This approach did not develop a reliable theory of transport law; it stopped to be the basis for the development of transport legislation. Weak, separated from reality, the theory of transport law needs serious scientific strengthening. Methods of scientific knowledge should be aimed at identifying factors that impede the full development of transport. Only objectivity in research and new scientific knowledge can strengthen the transport law theory and transform it into the basis for developing legislation to establish the required order in transport.

Статья целиком →

Aleksey An. Maksurov. The concept of accidents in water transport

UDK: 656.62.052

Aleksey An. Maksurov - Candidate of Law, P.G. Demidov Yaroslavl State University

Abstract. The current paper has considered the specifics of accidents in water transport. There has been established the complexity and some uncertainty of the very concept of a transport accident. The paper has presented the analysis of the essential features of transport accidents in general and accidents in water transport. According to the author, the concept of a transport incident is associated with the general problem of ensuring transport safety. There has been made a conclusion on the necessity to clarify these concepts, in connection with which there have been proposed the necessary legislation changes. There has been studied a relationship between the concepts of “traffic accident” and “accident”. According to the study results, there is a special understanding of the accident in transport law, which is not reducible to a transport accident as a category.

Статья целиком →

Elena L. Fedorova, Olga N. Skuybedina, Olga V. Semaeva, Irina V. Totskaya. Communicative features of the texts placed in transport (on the example of the subway) and their impact on the safety of passengers’ movement

UDK: 81.276.6(078)

Elena L. Fedorova - Candidate of Philological Sciences, Russian University of Transport

Olga N. Skuybedina - Candidate of Philosophical Sciences, associate professor, Russian University of Transport; National Research University MPEI

Olga V. Semaeva - Candidate of Pedagogical Sciences, NPPEI HE “Synergy”, National Research University MPEI

Irina V. Totskaya - Candidate of Pedagogical Sciences, associate professor, Rostov State Transport University (RSTU)

Abstract. The current paper has presented the analysis of the problem of discursiveness and perlocution of texts placed in transport (on the example of text on subway-car panels). The purpose of the study was to evaluate the informational, visual, and emotional impact on the state of the addressees; to identify the problems in the perception of information; to establish the influence of textual information on the safe movement of passengers. As a study result, there has been determined a special attention of addressees to the texts containing useful information that creates an atmosphere of comfort and safety in transport. There have been identified the problems with the assimilation of information among passengers, taking into consideration their mood at a given time, and there have been also established technical features of the text that arise problems with the perception of information, which reduces the degree of safety in the subway. There have been made the proposals to improve the texts on subway-car panels and screens in order to ensure safe passengers’ movement.

Статья целиком →

Sergey Al. Semenov. Transport security and transport legal relations

UDK: 342.951:351.82

Sergey Al. Semenov - FBE Russian Maritime Security Service

Abstract. Public relations in the field of transport security are considered by scientists as part of transport relations. At the same time, the studied research works on this issue do not pay much attention to the argumentation of this point of view. The current paper has considered the main features that make it possible to attribute public relations in the field of transport security both to transport legal relations and to transport administrative-legal relations. For example, according to the author, such characteristics are the emergence of social relations related to transport security enforcement and their heterogeneity. Public relations of an administrative-legal nature related to transport security enforcement have the same traits as transport administrative-legal relations. The field of transport security enforcement is also characterized using the dispositive method, which is used together with the imperative method. International treaties of the Russian Federation also act as a source of law in the field of transport security enforcement.

Статья целиком →

Aleksandr P. Ovechkin. The essence and content of the concept of “acts of unlawful interference” in transport

UDK: 654.1:006.354

Aleksandr P. Ovechkin - Doctor of Philosophical Sciences, professor, Russian University of Transport

Abstract. After the adoption of the Federal Law “On Transport Security”, the term “acts of unlawful interference” firmly entered and became fixed in the legal transport terminology. However, its fixation in legislation caused a great controversy about the essence and content of this concept. Meanwhile, their application in theory and practice largely depends on terminological certainty and accuracy. It is no coincidence that the slogan of the ancient Roman laweyrs was “absoluta sententia expositore non indigent”, which means “a clear meaning does not require explanation”. Legal terms work effectively in case they are clearly defined and understood. Therefore, in the current paper, the author, joining the ongoing discussion on the term “acts of unlawful interference”, has made an attempt to give his own interpretation, to analyze the pros and cons of the legally established definition of this concept.

Статья целиком →