Статьи номера | Issue №29

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

All articles in PDF


Elena N. Rudakova, Boris L. Skrynchenko, Olga Al. Dmitrieva, Vladimir D. Moroz. The World Customs Organization’s role in the improvement of international legislation to enhance customs cooperation

UDK: 339.543:061.1(100)


Elena N. Rudakova - Doctor of Political Sciences, docent, head of the department of customs law and organization of the customs affairs, Law Institute of the Russian University of Transport

Boris L. Skrynchenko - Candidate of Economic Sciences, professor of the department of customs law and organization of the customs affairs, Law Institute of the Russian University of Transport

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

Vladimir D. Moroz - Candidate of Historical Sciences, docent, senior lecturer of the department of economic theory and military economy, Federal state government military educational institution of higher education "Military University" of the Ministry Defence of Russia


Abstract. This article discusses the issues to unite customs authorities, institutions and organizations that provide a solution to multidisciplinary, common and integral tasks. As the system of customs authorities and its individual components play a major and very important role in the process of customs activity, they are to ensure compliance with the rules and procedures defined in the process of customs regulation through customs administration and the functional component of the customs regulation process. By harmonizing the regulatory framework, it becomes possible for the member states of the Eurasian Economic Union (EAEU) to enter the world economy. The main results of the work are the conducted analysis of the current state of relations between the World Customs Organization and the members of the EAEU and the defined possibility for early integration of the EAEU into the World Customs Organization. The topic is relevant, as a constant increase in the foreign trade volume and the increasing duties of the customs authorities, the use of information systems and technologies becomes most important for the customs. The use of information systems increases the control over the participants of foreign economic activity, accelerates the process of customs clearance and customs procedures. As a result, the authors came to the conclusion that the introduction of more profitable mechanisms to promote Russia's position in the EAEU and to introduce innovations in the domestic productive complex will make it possible to apply customs tariff regulation measures more effectively.

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Dariya D. Motasova. International legal regulation of the use of pilotless aerial vehicles

UDK: 341.9


Dariya D. Motasova - deputy General Director of LLC "Spetssetistroy"


Abstract. In the world there is currently a "boom" of pilotless aerial vehicles (PAVs). The United States Federal Aviation Administration (FAA) estimates that the market for drones will reach 7 million FAA by 2020, and predicts a market growth of 2.8 times. The authorities of different countries consider that a sharp increase in the number of PAV launches requires special monitoring control [1]. According to the SESAR forecast, prepared with the support of the Boston Consulting Group, the flights of drones over a densely populated urban area in the countries of the European Union will occur for 250 million hours annually by 2050. In the countryside the number of PAVs will be smaller, but even in this case hundreds and thousands of PAVs will move in the air. The restriction of the ‘flights height and the prohibition to fly over any objects or territories increase the traffic density [2]. The concern is that in case of a targeted terrorist attack or a "small" cyber war, for example, the supply of electricity, the work of hospitals, airports, and industrial facilities can be stopped. Therefore, the question of PAVs’ application is of great relevance nowadays.

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Aleksandr P. Dzhabiev. Prospects for a qualitative transition to a unified transport (automobile) control system on the external border of the Eurasian Economic Union

UDK: 339.9


Aleksandr P. Dzhabiev - 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. The article is devoted to the present problem of the formation and improvement of a unified transport (automobile) control system on the external border of the EAEU when entering the territory of the Member States or leaving this territory. There has been given a general characteristic of the formation of a single information base to obtain information about the results of transport control. The author has justified the idea that one of the main strategic directions for the formation of a unified transport (automobile) control system is the development of road infrastructure to help enhance the participation of the EAEU in the global development of world economic relations. The author makes the conclusion that in the development of foreign economic relations between the EAEU member states, road transport plays a special role in the freight delivery to establish close foreign economic relations between geographically distant countries and regions in all sectors of the economy.

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Olga Al. Khotko. Legal responsibility for non-compliance with environmental requirements in transport activities

UDK: 349.6


Olga Al. Khotko - Candidate of Law, docent, associate professor of the department of ecological and agricultural law, the Belarus State University


Abstract. Nowadays due to the states’ wish to participate in mutually beneficial projects as a part of initiatives to establish common development processes of the EAEU member countries to create a single market and favorable conditions for trade and investment, environmental safety issues of transport activities are of particular importance. Legal enforcement of environmental security in modern economic conditions is a priority task of the state environmental policy. Both internal (within one state) and global economic development trends directly affect the condition of environmental protection and the well-being of the population. Enforcement of environmental security includes a set of measures carried out systematically and constantly with appropriate legal regulation. Protection and preservation of favorable environment for further generations in transport activities depends on the legislatively established measures of economic incentives for environmental protection and measures of legal liability for violation of legal norms. The article has shown the problems of environmental security in transport activities, the relevance of the law enforcement of environmental security. Special attention has been paid on the objects of transport activity that are environmentally harmful. There have been noted the measures of legal responsibility of transport entities for violation of environmental legal requirements.

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Viktor V. Koryakin, Rufat Ak. Talybov. Legal problems of land acquisition to arrange checkpoints for vehicles across the State Border of the Russian Federation

UDK: 349.41:656


Viktor V. Koryakin - Doctor of Law, professor, head of the department of civil law, international private law and civil procedure, Law Institute of the Russian University of Transport

Rufat Ak. Talybov - lawyer, employee of the legal assistance center "Ekvitas"


Abstract. According to the Executive Order of the Government of the Russian Federation No. 159-p on February 5, 2016, the Federal State Government Institution “Directorate for the Construction and Operation of Russian Border Objects” (FSGI “Rosgranstroy”) was assigned to the Ministry of Transport of Russia. Prior to the entry into force of this executive order, FSGI “Rosgranstroy” was a subordinate organization of the Federal Agency for the Development of the State Border of the Russian Federation (RosGranitsa). One of the most important functions of this institution is preparation of documents for withdrawal and redemption, reservation of land for federal needs. The activities related to the withdrawal of land plots are necessary to increase and reconstruct existing checkpoints and to create new ones due to the constant traffic increase across the State Border of the Russian Federation. This circumstance makes the analysis of legal problems of land acquisition especially important. The article considers the problematic legal issues in the creation of new and arrangement of existing checkpoints across the State border of the Russian Federation. There has been made a conclusion about the incomplete legal regulation of the land acquisition procedure for these purposes. There has been analyzed judicial experience of the highest courts on such issues. There have been made some proposals to improve legal regulation of land exemption for governmental needs.

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Aleksey V. Minbaleev. The development of Russian legislation on the use of unmanned vehicles in a digital economy

UDK: 629


Aleksey V. Minbaleev - Doctor of Law, main researcher of the sector of information law and international information security, Institute of State and Law of the Russian Academy of Sciences


Abstract. The article is devoted to the problem of the development of Russian legislation on the use of unmanned vehicles. The article presents the analysis of foreign regulation experience of unmanned vehicles. The main legislative initiatives in Russia have been analyzed. The conducted analysis of legislative initiatives in regulation of unmanned vehicles in Russia indicates a number of problems faced by developers. These are, first of all, problems of responsibility in case of people life or health injures of and/or property damages, problems of property and life insurance, responsibility of the developers of such vehicles, etc. All these issues require a mandatory solution.

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Tatiyana An. Polyakova. The effect of digital economy on the transport industry development and the problems of information security enforcement: the legal aspect

UDK: 656:005.932


Tatiyana An. Polyakova - Doctor of Law, main researcher, acting head of the sector of information law and international information security, Institute of State and Law of the Russian Academy of Sciences, honored lawyer of the Russian Federation


Abstract. The article is devoted to the legal regulation of the use of information telecommunication technologies in the transport industry in the conditions of digitalization and the implementation of the strategic objectives of the digital economy. There have been also considered the issues of safe use of digital technologies and means of transport, as well as such current trends as “big data”, artificial intelligence, digital platforms for providing passenger traffic. In addition, there have been separately identified the problems of forming a unified scientific and technological space in the transport sector and the related issues of electronic interaction and enforcement of information security.

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Roman V. Ivanov, Velessa Al. Trubitsyna. Some preventive measures of corruption in the procurement activities of JSC “Russian Railways”

UDK: 342.951:328.185


Roman V. Ivanov - applicant of Candidate of Law, The Military Uiversity

Velessa Al. Trubitsyna - post-graduate, Law Institute of the Russian University of Transport


Abstract. It is common knowledge that one of the most intensive fields of corruptive activity of the state and its institutions, as well as organizations, regardless of ownership, is the procurement of goods and services for both governmental and municipal needs, and to meet the needs of organizations. Therefore, the improvement of procurement procedures in order to combat corruption is invariably situated among the priority areas of anti-corruption policy in all programs, including the National Anti-Corruption Strategy, approved by the Presidential Decree No. 460 of April 13, 2010, and the National Anti-Corruption Action Plan on 2018-2020, approved by the Decree of the President of the Russian Federation of June 29, 2018 No. 378. In JSC “Russian Railways”, this major area of activity is regulated by the Regulation on the purchase of goods and services for the needs of JSC “Russian Railways”, which was adopted on July 1, 2018, approved by the Board of Directors of JSC “Russian Railways” on June 28, 2018.

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Aleksey D. Ermak. Legal nature of the contract on transportation of vehicles and freights by railway

UDK: 347.463


Aleksey D. Ermak - legal counsel of the Legal Department of the Moscow Patriarchate of the Russian Orthodox Church


Abstract. The article considers various points of view on the legal nature of the contract on transportation of vehicles and freights by railway. The author indicates that this agreement is bilateral, consensual, gratuitous, organizational, public and urgent.

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Sergey Al. Verigo, Tatiyana N. Semina. The problems of customs control in railway transport

UDK: 339.543:656.2


Sergey Al. Verigo - candidate of Economic Sciences, docent, associate professor of the department of customs law and organization of the customs affairs, Law Institute of the Russian University of Transport

Tatiyana N. Semina - customs declarant of OOO "DHL Express"


Abstract. Due to its territory Russia is one of the largest countries in the world, and the presence and development of transport infrastructure is of great necessity for the full economic development of the state. This country due to its geographical position has almost all modes of modern transport. The transport system of the state plays a crucial role in socio-economic development, and to provide consumers with reliable transport services with minimal transport costs is perhaps the main condition for sustained economic development [1, p. 34]. The article deals with the issues of customs control on railway transport; it highlights the problems of its improvement in connection with the reduction of costs for completing customs formalities. The authors have concluded that it is necessary to further reform the customs control system.

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