Статьи номера | Issue №29

Articles of the journal issue №1 (29) (1st quarter of 2019)

All articles in PDF

Yuriy A. Tarasenko. Legal transportation design according to the Merchant Shipping Charter of 1781

UDK: 656(09)

Yuriy A. Tarasenko - Candidate of Law, senior lecturer of the department of civil law, international private law and civil procedure, Law Institute, Russian University of Transport

Abstract. The contract of sea (river) freight transportation is closely related to the development of trade. Russia (Rus’) was originally formed as a land power state, which had very limited access to the sea. As a result, such an important instrument of trade as maritime transport was legally formed only at the end of the XVIII century, and was associated with the adoption of the Merchant Shipping Charter of 1781. Sea transportation was carried out on the basis of the contract. However, the legal regulation of this agreement in the Charter was extremely inconsistent and unclear. In Russia of that period, there were a few legal institutions necessary for the practical implementation of activities for the commercial freight transportation by sea. Sea transportation is a complex set of legal and actual actions that require regulations. The article has made an attempt to analyze the legal relations arising from the conclusion of the contract of freight transportation by sea and find out its features.

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Viktoriya V. Zakharova. Railway as an instrument of geopolitics

UDK: 656.2

Viktoriya V. Zakharova - Candidate of Historical Sciences, associate professor of the department of theory of law, history of law and international law, Law Institute, Russian University of Transport

Abstract. Railway construction in key areas has always been of particular importance and could easily become a system-forming factor for the further development of the region. The role of the most important highways is difficult to overestimate, because they influenced on natural environment, technical progress, development of engineering thought, social transformation, international trade, city formation, socio-cultural processes, changes in the labor market, political processes at the regional and global levels. That is why the study of the complex, system-forming effect of railway construction on other areas of society’s life remains relevant today [1, p. 66-72]. The article deals with the complex impact of railway construction on all spheres of social development, analyzes the influence of geopolitical interests on the railway development in the conditions of the global economy in the XIX — XX centuries, discusses the conditions for the construction of the Chinese Eastern Railway (CERW) and the problems arose before its designers and builders.

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Yury Iv. Petrov. Historiography of the railway legislation of Russia in the late XIX-th — early XX-th centuries

UDK: 94(47):656.2

Yury Iv. Petrov - 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 provides an analysis of the works of scholars and public figures of the late XIX-th - early XX-th centuries, who investigated various aspects of the railway business. The authors consider the issues that were acute in the transport industry at the period of their direct practical activity when there was active railway construction and operation. These works are still relevant nowadays and, of course, are of great scientific interest. The work of A. A. Golovachov, considered in the article, does not contain an analysis of the railway legislation, but his critical assessment of government activity in this area influenced on the formation of the legal framework of the railway business. The work of S. Yu. Vitte made a significant contribution to the development of the theory of tariffs, and then its practical implementation. In his work he managed not only to show the importance of the tariffs for the state, but also to convincingly prove this. The work of I. M. Rabinovich gave a critical analysis of the General Statute of the railways. It provided a systematization, criticism and legal explanation of the conditions of transportation and tariff rules on the Russian railways. In his three-volume work based on the study of numerous archival documents N. A. Kislinsky was able to show the role of the Committee of Ministers as an executor of the state railway policy.

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Vitaliy An. Maltsev. The peculiarities of the legal regulation of transport insurance in Japan

UDK: 349.3:368

Vitaliy An. Maltsev - Candidate of law, docent, head of the department of administrative, financial and international law, the Academy of Labour and Social Relations

Abstract. The article examines the system of legal regulation and peculiarities of insurance in the road and sea transport in Japan. There are considered formation and development of general and special insurance legislation and its principles. The article shows the main directions of legislation reforming and its influence on the insurance market. There are analyzed the main provisions of the insurance laws concerning the regulation of relations arising from transport insurance. The author carries out an analysis of the state regulation system and control over insurance activities in Japan. The author thoroughly considers the features of the compulsory insurance of civil liability of vehicle owners, i.e. when this insurance object is compensation for health/life or property damage. The author pays attention on peculiarities of the insurance contract terms, including the term of its validity, the procedure for calculating insurance tariffs, the size of the bonding premium, etc. There are indicated the current approaches to the procedure for signing insurance contracts in Japan, including Internet insurance. The article determines peculiarities of the insurance system in maritime transport. The characteristics of the current state of the transport insurance market, which unites both Japanese and large European and American companies have been given. Some aspects of insurance in Japan have been shown in comparison with Russian insurance legislation.

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Olga L. Postol, Nina Al. Shepeleva. Aqua yoga and swimming as the methods to improve physical condition of high-speed train drivers

UDK: 615.8

Olga L. Postol - Candidate of Pedagogical Sciences, associate professor of the department of methodology of law and legal communication, Law Institute of the Russian University of Transport

Nina Al. Shepeleva - Candidate of Pedagogical Sciences, associate professor of the department of methodology of law and legal communication, Law Institute of the Russian University of Transport

Abstract. One of the most urgent tasks in Russia today is to increase the level of public health, to form a healthy lifestyle. The health of the Russian population is of very significant value in society. The Federal Target Program "Development of Physical Culture and Sport in the Russian Federation for 2016–2020" issued on January 21, 2015 (approved by the Decree of the Government of the Russian Federation issued on January 21, 2015 No. 30) states that one of the main goals of social and economic policy States are a spread of healthy lifestyle standards, creation of conditions for systematical engagement of people in physical culture and sports. It has been planned to increase the share of the Russians who are systematically involved in physical culture and sports, to 38% in 2019, and to 45% by 2025 in the priority project "Formation of a healthy lifestyle" approved by the Government of the Russian Federation on July 26, 2017. This article proposes a gymnastics to improve health using hatha yoga and aqua yoga in combination with the traditional means of physical culture (swimming) developed by the authors. The use of experimental recovery methods will contribute to improving the health and physical condition of high-speed train drivers, prevention of occupational diseases, preservation of high efficiency and stress resistance.

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Oleg An. Malygin. On the state of distance education in the Transport Universities in Russia

UDK: 378.018.43

Oleg An. Malygin - lecture of the department of information technologies in jurisprudence, Law Institute of the Russian University of Transport

Abstract. Distance learning is a way to get education at almost all levels, in which the tutor and student are at a distance from each other and are unable to communicate without special aids. This method of studying different disciplines is also called remote training. Today, not only an email communication between a tutor and a student is used, but also an electronic one, where a computer allows getting a full-fledged education online. The article considers the current state, relevance and practical implementation of distance education in the universities of the transport industry in Russia.

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Vladimir E. Sudenko. Training of transport security specialists

UDK: 372.8:378

Vladimir E. Sudenko - Candidate of Law, docent, associate professor of the department of criminal law, criminal procedure and criminalistics, Law Institute of the Russian University of Transport

Abstract. The article discusses some problematic issues of higher education in the training of specialists who enforce safety regulations at transport infrastructure facilities and are responsible for its results. It has been indicated that there are very significant gaps in the work of the departments responsible for educational and scientific activities, including numerous documents and instructions which meaningless increase paperwork, but not scientific, creative work of university professors. Such a policy in the field of education and science hardly promotes training of specialists with deep solid knowledge necessary for their practical and scientific activities, including transport security. The students’ desire to acquire the profound knowledge necessary for future work and in life, excluding the pursuit of high grades, which are often not supported by relevant knowledge, is of great importance. It has been recommended to change the "quantitative" training of specialists on "qualitative" training, i.e. giving them ability to apply their knowledge not only in a specific transport industry, but also on individual sides of the industry, which will meet the safety requirements for all transport infrastructure.

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Olga Al. Grishanova, Svetlana An. Alekseeva. The features of financial support for public transport in municipalities

UDK: 656:352(1 21)

Olga Al. Grishanova - Doctor of Economic Sciences, professor, the head of the Training and Business Center at the Chamber of Commerce and Industry of the Ivanovo Region

Svetlana An. Alekseeva - Candidate of Economic Sciences, deputy head of the department of science and innovations, the Department of Science and Technology Policy and Education of the Ministry of Agriculture of Russia

Abstract. In order to ensure the organization of transport services for the population both within rural settlements and between settlements within the boundaries of a municipal district, financial support is required by the state and municipal authorities of the carriers. Automobile passenger enterprises suffer from losses due to the low level of passenger traffic in the settlements and state regulation of prices. The pooling of financial resources is possible through inter-municipal agreements. The financial support for public motor transport in municipalities is based on the Federal Law No. 131-FZ of October 6, 2003, in which the creation of conditions for transport services to the population and the organization of transport services within the boundaries of the settlement and between settlements within the boundaries of the municipal district are of great importance nowadays.

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Olga Al. Dmitrieva. Recommendations on the improvement of the customs transit procedure application in the Russian Federation during road freight transportation

UDK: 339.5

Olga Al. Dmitrieva - Candidate of Economic Sciences, associate professor of the department of customs law and organization of the customs affairs, Law Institute of the Russian University of Transport

Abstract. Transport support is a system of technical, technological, economic, legal and organizational elements that are interrelated. Technical elements are characterized by physical and chemical properties of goods, as well as operational parameters of vehicles. Technological elements of transport support are aimed to improve the quality of transport services while minimizing costs. Economic elements are in the methods of state regulation of foreign economic activity. The legal elements are international treaties and agreements on the use of vehicles. Organizational elements of transport support comprise information support of transport processes of foreign economic activity. Transport support of foreign economic activity is carried out through the use of certain types of transport. It is worth noting that the specific mode of transport affects the nature of transport support, which is determined by expediency and efficiency. The peculiarity of road transport is that it is one of the widely used and it allows delivering goods according to the “door-to-door” scheme, i.e. from the departure place to the destination place without loading. In the article the author has attempted to reflect the problems and recommendations to improve the customs transit procedure application in the Russian Federation during road freight transportation. It has been also described the prerequisites to implement a unified computerized transit system (ECTS), taking into account international experience and the experience of the Eurasian Economic Union. The author has analyzed foreign experience in the customs transit procedure with the automated systems.

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Sergey A. Pravkin. Implementation of the mechanism of public-private partnership in the transport sector

UDK: 658.115.33

Sergey A. Pravkin - Candidate of Law, docent, associate professor of the department of administrative law, ecological law, information law, Law Institute of the Russian University of Transport (MIIT)

Abstract. The article deals with the problems of financing and co-financing in the implementation of investment projects in the framework of public-private partnership in the transport sector. As a public-private partnership is considered to be one of the important tools for infrastructure transformations, the author explores the mechanism to coordinate public and private interests to implement socially significant projects. There is being conducted a comparative legal analysis of transport and investment legislation in relation to public-private partnership agreements. Accordingly, the implementation of the mechanism of public-private partnership in the transport sector is being also analyzed. The article discusses the means to implement the investment policy, the models of risk distribution between the state and private business. The author justifies the importance of organizational and legal guarantees for a private partner, as it is the main methodological and procedural means and conceptual approach of the study to protect the investor from adverse changes in national legislation. Structural development of the transport system according to the Transport Strategy of the Russian Federation for the period up to 2030 is connected with the need to develop various forms within the framework of signed agreements on public-private partnership. The author proposes measures and forms of interaction between public authorities and investors to implement transport projects with a long payback period. The attention has been paid that implementation of public-private partnership in the transport sector and the implementation of structural reforms in all modes of transport result in the decentralization of management and an increase in the share of private capital. In the implementation of the Transport Strategy, the use the public-private partnership mechanism can reduce the budget burden by attracting private investment in socially important sectors of the economy. This approach is a factor in the market demonopolization and can ensure competitive procedures in transport projects. The mechanism of public-private partnership in transport allows attracting real investment, protecting the domestic market, since only a Russian legal entity can be a private partner. Improvement of the mechanism of public-private partnership in the transport industry expands the possibility of transport campaigns to participate in investment activities. According to the analysis of the current transport and investment legislation, the article concludes that there is a certain imperfection in the implementation of the public-private partnership mechanism in transport, including the insufficient use of fiscal policy measures. Budget allocations in accordance with the budget classification should be synchronized with the plans for the implementation of investment agreements, taking into account the effect of limits of budgetary obligations. The main problems in the implementation of this mechanism are not fully concerted substantive and procedural and legal aspects. In this regard, it has been proposed to use the methodological basis of financial and budgetary regulation for high-quality coordination and execution of projects from both sides.

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