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.

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.

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.

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.

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.

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.

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.

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.

UDK: 342.951:351.82

Sergey Al. Semenov - head of the Federal Budget Institution “Marine Security Service”

Abstract. One of the key concepts for the Federal Law “On Transport Security” is the concept of “transport security enforcement forces”. The significance of this concept lies in the fact that it outlines the circle of persons who ensure the protection of transport infrastructure facilities and vehicles from acts of unlawful interference. However, a systematic analysis of the definition has shown that at present the concept of “transport security enforcement forces” does not contribute accuracy, unambiguity and certainty in the regulation of legal relations and does not help to reveal the essence and meaning of regulatory legal acts in the field of transport security. Thus, some lexically identical phrases used in the concept are interpreted by the law in different ways, others do not correspond to the interpretation offered by the law itself. The law does not reveal the composition of the transport security enforcement forces, does not determine the legal status of people related to them, with the exception of certain elements of the legal status of employees of departmental security. The list of categories of employees of the transport security forces can only be determined through an analysis of typical additional professional programs in the field of their training, which looks unnatural from a legal point of view. The requirements for enforcing transport security by means of transport practically do not disclose the rights and obligations of people who are part of the transport security enforcement forces. The law and the requirements for enforcing transport security by means of transport do not contain norms imposing or determining the procedure for imposing responsibility for their implementation on the person responsible for transport security. At the same time, the precise and unambiguous use of legal concepts plays an important role in preventing the deformation of legal norms. The current paper has offered a critical analysis of the concept “transport security enforcement forces” and has given proposals for its improvement, including a new definition and a concept “a person responsible for enforcing transport security in a transport infrastructure subject, at a transport infrastructure facility, a vehicle”.

UDK: 316.28:656

Elena L. Fedorova - Candidate of Philological Sciences, associate professor of the department ‘Methodology of law and legal communication’ of the Law Institute of the Russian University of Transport

Olga N. Skuybedina - Candidate of Philosophical Sciences, docent, associate professor of the department ‘Methodology of law and legal communication’ of the Law Institute of the Russian University of Transport, associate professor of the department of foreign languages of the National Research University MPEI

Olga V. Semaeva - Candidate of Pedagogical Sciences, associate professor of the department of foreign languages of the NPPEI HE MFIU “Synergy”, associate professor of the department of foreign languages of the National Research University MPEI

Abstract. The current paper has considered the problem of the emergence of legal communication in the field of transport law. There have been presented some features of written speech, characteristic of the present days. The paper has identified deviations and shifts in written communication, allowing the development of texts related to transport and transport security and safety, as well as the rules for the implementation of professional and personal communication.