Статьи номера | Issue №28

Articles of the journal issue №4 (28) (4th quarter of 2018)

All articles in PDF

Tarasenko Yuriy A. The contract features of goods transportation according to Naval Charter of 1720 (the Charter of single-stickers)

UDK: 347.463:94(47)

Tarasenko Yuriy A. - candidate of Law, senior lecturer of the department "Civil law, International private law and Civil procedure", Law Institute, Russian University of Transport (MIIT)

Abstract. Until the beginning of the XVIII century, the problems connected with carriage of goods were solved by the customary law, or were fragmentary mentioned in some treaties of North-West Russia with the Hanseatic League. Naval Charter (the Charter of single-stickers) adopted in 1720 began nationwide legal regulation of the activities of sea-carriers and traders-owners of cargo. It was the first time when the rights and obligations of the parties were determined, the issues of distribution of responsibility for cargo loss or damage during transportation were regulated. The paper attempts to provide legal qualification of the contract between the carrier and the owner of the goods, to determine its essential conditions. The conducted analysis of the Charter provisions allows us to conclude that the matter of the agreement was not only cargo shipping. The treaty was of a mixed character; the duty of the carrier was not only to carry out the transportation, but also to load the goods. But the most important thing is that since the introduction of the Naval Charter (Charter of single-stickers) Russia has made a transition to the carriers’ professional responsibility in carrying out their cargo shipping activities.

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Petrov Yury Iv. Legal regulation of roads in Russia during the reign of Anna Ioannovna

UDK: 656(091):94(47)

Petrov Yury Iv. - candidate of History, docent, associate professor of the department "Customs Law and Organization of the Customs Affairs", Law Institute, Russian University of Transport (MIIT)

Abstract. The article considers the legal aspects, adopted during the reign of Anna Ioannovna, the aim of which was to improve land roads in Russia. The analysis of few decrees shows the governmental efforts to build roads, to improve local and general management in this field, to take care of merchants and people, involved into road building.

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Egorov Viktor P., Balakhontsev Nikolay Ig. «Digital Railway» and project-based education at the Russian University of Transport

UDK: 656:372.8

Egorov Viktor P. - doctor of Military Sciences, professor, professor of the department "Documentation and document supply of management", Law Institute, Russian University of Transport (MIIT)

Balakhontsev Nikolay Ig. - doctor of Military Sciences, professor of the department "Documentation and document supply of management", Law Institute, Russian University of Transport (MIIT),

Abstract. As a part of the development strategy of the Holding "Russian Railways" for the period until 2030, approved by the Board of Directors of OAO Russian Railways No.19 on December 23, 2013, at the end of 2018 due to the order of the RF government No. 1632-p on July 28, 2017 there was approved the "Digital Railway" program, which is one of directions of implementation of the program "Digital Economy of the Russian Federation". The article considers the implementation prospects of the Russian Railways’ program "Digital Railway". To implement the program "Digital Economy of the Russian Federation", there has been proposed to introduce the educational project "Specialists for the digital economy", as well as project-based education at the Russian University of Transport (MIIT). The paper considers the issues of development of the bachelor and master’s educational program "Document Management in Digital Economy".

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Pavlov Andrey V. Functioning features of the transport organizations under international sanctions and countermeasures of the Russian Federation

UDK: 339.98:656

Pavlov Andrey V. - head advisor of the transport-logistics company "Transoil"

Abstract. The article considers the features of transport organizations’ business activities under economic sanctions and economic countermeasures taken by Russia against a number of foreign countries. There has been substantiated necessity to consider a sanctions regime as a special mode of business activity. The author identifies specificity of the application of civil legal protection means of rights and legal interests of transport entities under economic sanctions of foreign countries and the countermeasures of the Russian Federation. This specificity appears in the prevalence of jurisdictional forms of protection, the main of which is a legal recourse or a lawsuit, both national and international, as well as in the increasing role of state regulation of entrepreneurship, state support and state protection of domestic business entities which incur losses and other economic costs because of economic sanctions and Russia’s countermeasures.

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Kholikov Ivan V. International legal aspects of the Transport Strategy of the Russian Federation in the field of medical support for transport

UDK: 341.01

Kholikov Ivan V. - doctor of Law, professor, professor of the department of state-juridical disciplines of the Institute of Legislation and Comparative Law under the Government of the Russian Federation

Abstract. The article deals with the problematic issues of harmonization of RF legislation in the field of medical support for transport with the international law. The particular attention is paid to compliance with the requirements of such international organizations as the International Civil Aviation Organization, the International Labor Organization, the International Maritime Organization and the World Health Organization. The paper gives an overview of the national enactments regulating the issues of medical support of flight safety, as well as the regulation of medical-sanitary care for sailors in the Russian Federation. There has been substantiated the necessity to align he national legislation in the field of medical support for transport with the international legal obligations of the Russian Federation.

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Morkovkin Dmitriy Ev. Creation of an integrated transport and logistics system as the basis of Russia’s economic security and sustainable socio-economic development

UDK: 338.001.36

Morkovkin Dmitriy Ev. - candidate of Economics, associate professor of the department "Customs Law and Organization of the Customs Affairs", Law Institute, Russian University of Transport (MIIT)

Abstract. Further development of the Russian economy and the development of the northern, Siberian and Far Eastern territories and new facilities of the mineral resource base in particular, becomes impossible when using the present transport and logistics system of the country. Therefore, there is an urgent necessity to develop transport, logistics, infrastructure as a basis for the growth of the economic potential of the country's territories. The article provides conceptual directions to develop the logistics system of the Russian Federation, to form a unified system of merchandize transportation, to create a logistics infrastructure and to promote further development of the entire economy of the country on this basis. It has been proposed to create and develop a unified transport and logistics system of Russia on the basis of the program-target approach. It is expedient to develop the governmental program "Enforcement of Logistics in the Russian Federation until 2030", in which it is necessary to envisage a comprehensive development of all types of transport, logistics infrastructure, traffic arteries and related industries, service facilities, social infrastructure; to set up a federal logistics center, which will secure a single product distribution policy and will run a unified transport and logistics system; to establish an international transportation center. The implementation of all mentioned above measures will create the basis for further sustainable development of energy, industry, agriculture, i.e. it will be a strong incentive to transform the economy of the whole country.

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Pravkin Sergey A., Astremsky Andrey D. Improvement of the transport system through the development of mechanisms of government-private partnership

UDK: 338.47:656.2

Pravkin Sergey A. - candidate of Law, docent, associate professor of the department "Administrative Law, Ecological Law, Information Law", Law Institute, Russian University of Transport (MIIT)

Astremsky Andrey D. - candidate of Economics, docent, associate professor of the department "Customs Law and Organization of the Customs Affairs", Law Institute, Russian University of Transport (MIIT)

Abstract. The article analyzes the basic models which reduce the risks of economic activities in the implementation of the Transport Strategy for the period up to 2030 in projects based on public-private partnership that can rise the value and role of the competitive environment in the economy and increase the pace of the entire transport system development. The financing problems of the investment projects through public-private partnership in the transport sector are considered, and the mechanism of coordination of public-private objectives and interests in the projects are studied. The author makes a comparative legal analysis of transport and investment legislation of the public-private partnership agreements. The effective development of the transport system when implementing the Transport Strategy is associated with the necessity to develop various forms of the negotiated agreements on public-private partnership. There have been proposed measures and forms of interaction among public authorities and investors when implementing transport projects. The implementation of a joint Transport strategy using the mechanism of public-private partnership can result in budget burden decrease by attracting private investment in socially important sectors of the economy. The mechanism of public-private partnership in the transport sector will give an opportunity to attract real investments into transport industry. Improvement of the mechanism of public-private partnerships expands participation of transport companies in the investment activities and in modernization of the infrastructure. According to the analysis of the application of existing transport and investment legislation, one can make a conclusion about a certain defect of the implementation of the public-private partnership mechanism in transport, including the fact of insufficient use of fiscal policy measures. To implement the Transport strategy effectively it has been proposed to use measures of fiscal stimulus.

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Egorov Aleksandr P. An aircraft as an object of civil law: some problems of legal regulation

UDK: 347.82

Egorov Aleksandr P. - candidate applicant in law, postgraduate student at the Faculty of National Security The Russian Presidential Academy of National Economy and Public Administration (RANEPA)

Abstract. The article considers the theoretical aspects of the legal status of aircrafts as special objects of civil law. The criteria are substantiated in detail, according to which the aircraft, intended by their physical and economic properties for movement in space, are referred to real property. The main such criterion is an obligatory state registration of aircraft. The article substantiates that the aircraft begins to have the status of real estate after its individualization, i.e. after state registration. A significant place in the paper is devoted to the analysis of various definitions of “an aircraft” that are available in the literature. According to the results, the author has formulated his own definition, namely an aircraft is an aircraft maintained in the atmosphere due to interaction with air other than interaction with air reflected from the surface of the earth or water, and intended both for transporting passengers and (or) cargo, and for other purposes envisaged by its state registration.

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Artamonova Svetlana N. On the domestic experience of the organizational and legal regulation of the system controlling road traffic safety and its optimization due to modern threats

UDK: 656.13.08(075.8)

Artamonova Svetlana N. - candidate of Law, docent, associate professor of the Military University of the Ministry of Defence of Russia

Abstract. The study of the nature and contents of control and supervision, their manifestations in such a priority area of public administration as road safety is of extreme popularity. The current legislation does not contain the concept "federal government supervision over road traffic", and the legislator’s interpretation of its relationship with control in the area is not uniquely defined. At the same time, the violations of the mandatory requirements in the field of road traffic safety committed by the participants, legal entities and officials, individual entrepreneurs are still one of the main causes of road traffic injuries. The problem of ensuring road transport safety is particularly urgent, since it is one of the most important socio-economic and demographic issues of the Russian Federation, and its solution can help to implement a wide range of economic, organizational and educational measures. The article presents the analysis results of the organization’s experience and the regulatory legal regulation of the control system in the field of road transport safety, as well as the prospects for improving the controlling activity in this area, taking into account the latest threats.

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Shagiev Bulat V. Problems of operational-investigative activity of the customs authorities while transporting commodities by vehicles

UDK: 343.985:339.543

Shagiev Bulat V. - candidate of Law, docent, associate professor of the department "Customs Law and Organization of the Customs Affairs", Law Institute, Russian University of Transport (MIIT)

Abstract. The customs authorities are to carry out operational search activities in order to identify persons who prepare, commit or already committed an unlawful act, regarded as a crime, in accordance with the legislation of the member-states of the Eurasian Economic Union; the execution of requests of the non-members of the Eurasian Economic Union such as international organizations, customs and other competent authorities, in accordance with the international treaties among the member-states and a third party. The problem is that it is impossible to check everything and ensure complete accuracy of the information submitted to the customs authorities. Therefore, the limited resources of the customs authorities must be used with the greatest efficiency. It’s necessary to focus on the most risky operations and export of goods liable to higher taxation. Sustained violations of customs rules and regulations that undermine the interests of domestic producers or threaten other state interests which customs service should protect are of the primary attention at the customs. Therefore, at present, the risk management system should be directly connected with the operational-investigative agencies that receive urgent information from operational analytical departments of customs check-points and customs.

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