Статьи номера | Issue №30

Articles of the journal issue №2 (30) (2nd quarter of 2019)

All articles in PDF

Yury V. Kosolapov, Anna Al. Sivova. Special railway transport for transportation of offenders in Russia in the 1950-1980s

UDK: 348.3

Yury V. Kosolapov - Candidate of Chemical Sciences, associate professor of the department of customs law and organization of the customs affairs, Law Institute of the Russian University of Transport

Anna Al. Sivova - Candidate of Philological Sciences, leading researcher of Research Institute of the Federal Penitentiary Service of Russia

Abstract. In the second half of the XIX-th century the railways revolutionized not only in economics and in military affairs, but also in prisoners’ escort. It was then that a special railway transport appeared to transport offenders in Russia. It improved from cars for prisoners’ transportation of the late XIX-th century - the beginning of the 20th century, which were referred to by the people in different historical periods as "arvagon", "krasnukha", "teplushka", "stolypinskaya", to the wagons of the new generation. The crucial changes in the technical equipment of special cars/wagons occurred in the 1950-1980s.

Статья целиком →

Yury Iv. Petrov. Development of transport routes and legislation under the reign of Catherine II

UDK: 340.14

Yury Iv. Petrov - Candidate of Historical Sciences, docent, associate professor of the department of customs law and organization of the customs affairs, Law Institute of the Russian University of Transport

Abstract. The paper deals with the government measures of Catherine II, aimed at developing land and waterways in Russia, as the empress’s understanding of the transport industry role in the development of trade, industry and the entire economy. Practical steps in the transport business were connected with new personnel appointments and giving broad authority to the industry-leading department of the State Road Construction Office. The paper presents the provisions of the Charter with the goals of the Office, as well as the report of the new head of the Road department with a detailed analysis of the state roads construction and repairing technologies through the years, and considerations about the further construction and repair of roads and bridges. The paper shows the importance that the Empress gave to the waterways. She paid great attention to the construction and operation of canals. The Empress's special care was the Vyshnevolotskaya water system, to which she paid close attention and which she personally visited many times. For a long time, the lack of a legal base was a serious obstacle to the trade of Russian merchants through waterways. The analysis of the Merchant Shipping Charter of 1781 has shown how many controversial issues were solved with its introduction, which rights and obligations of ship owners, their employers and employees were determined, which finally led to the expansion of trade relations in the country and outside.

Статья целиком →

Irina Iv. Shatskaya. Features of organization and legal regulation of the accounting at transport enterprises

UDK: 657.22:656.13

Irina Iv. Shatskaya - Candidate of Economic Sciences, docent, associate professor of the department of administrative law, ecological law, information law, Law Institute of the Russian University of Transport

Abstract. Legal regulation of the accounting at transport enterprises includes a set of federal, industry standards, recommendations and standards of an economic entity. A feature of the accounting organization at transport enterprises is that in addition to federal, industry standards, recommendations and standards of an economic entity, the accounting at transport enterprises is conducted on the basis of the acts and provisions of the Ministry of Transport of Russia. Transport enterprises, due to their specific nature, are engaged in the transportation of goods, passengers; they perform loading and unloading, preparation, forwarding and storage of cargo, which determines a number of features in the organization and maintenance of accounting. The peculiarity in the work of transport enterprises is that they use the regulatory legal documents of a cargo transportation system, which are also used by accounting departments of transport enterprises. In addition, the accountants of the transport enterprises apply the legal regulations of a more private order, such as traffic rules, rules for the technical operation of vehicles and their maintenance, etc. Proper accounting organization at transport enterprises with competent, timely compliance and execution of laws, regulations, accounting regulations, accounting policies, provisions of the Ministry of Transport of Russia, legislative and regulatory documents on which the transport system is based, will allow developing favorable conditions for goods and passengers’ transportation and will result in a stable, successful activity of transport enterprises in the future.

Статья целиком →

Sergey A. Pravkin, Vera V. Smirnova. Legal management mechanism of transport sector investments adjusted for the use of individual models of public-private partnership

UDK: 332:347.463

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

Vera V. Smirnova - Candidate of Law, docent, associate professor of the department of administrative law, ecological law, information law, Law Institute of the Russian University of Transport

Abstract. The paper deals with the legal management mechanism of transport sector investments adjusted for the use of individual models of public-private partnership. According to the analysis of application of the existing transport, civil and investment legislation, there has been made a conclusion about drawbacks of the implementation of the public-private partnership mechanism in the transport sector adjusted for the insufficient use of fiscal policy measures. For the effective implementation of economic growth models, there has been proposed to use measures of optimal legal regulation, a budget control and incentives. Due to the purpose, there is a great need to develop a system to protect capital investments, to provide a national treatment and an investment legislation stability. According to the conducted study, there have been proposed new legal measures that increase the investment attractiveness in the transport sector due to the use of various models of public-private partnership.

Статья целиком →

Ekaterina Iv. Kobzeva. The problem of financial and legal regulation of transport service digitalization

UDK: 347.73:656

Ekaterina Iv. Kobzeva - Candidate of Law, associate professor of the department of theory of law and natural resource law, Law Institute of the Russian University of Transport

Abstract. Rapid development of modern technologies based on the use of a distributed registry and other informational innovations has led to the development of a fundamentally different system of economic relations, called "digital". One of the key medium-term activities of the Russian Federation is a digital economy development. At present, digitalization is a major factor in the transport infrastructure and transport service development. The issue of transport sector modernization is of a key importance in many foreign strategies to develop the digital economy. To improve digital economy, there is a great need in uniform legal provisions, and at the same time, this set of laws should not hinder the spread of innovations and progress in digital economy. The article deals with issues related to transport service changes during the transitional period to a digital economy. In order to preserve and expand market positions, many countries are trying to digitalize national economies, which causes problems in legal regulation, namely the lack of uniform legal provisions, a unified approach to financial and legal regulation in the field of digital transport services. The author has concluded that one of the key problems is that technologies are developing rapidly, and the legislation is in danger of falling behind.

Статья целиком →

Aleksandr P. Dzhabiev. Chinese megaproject «One Belt One Road (OBOR)»: prospects for the international transport infrastructure development and the world economy revitalization

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. During the existence of the Silk Road that united East and West in trade, economy, diplomacy and culture, there occurred significant transformations, but the Silk Road has retained its role of intercivilizational dialogue and a connection between countries and continents. Under dynamically changing external environment, the mankind is witnessing the increasing activity of the Silk Road, its geopolitical significance, as today a number of countries is proposing new initiatives to revive the Silk Road. The paper studies the prospects and opportunities to implement the Chinese megaproject ‘One Belt One Road (OBOR)’, aimed at reviving the Silk Road. The results of the 2nd Forum of International Cooperation ‘One Belt One Road (OBOR)’ have been analyzed. The author thinks, that the main reasons to form and implement this project is the global economy growth decrease, as well as an increase in the use of protectionist measures in the system of world economic relations. It has been noted that this project, which envisages the establishment of trade and economic relations between Asia and Europe through the implementation of large-scale transport and logistics infrastructure projects, corresponds to the global economy development. There has been argued a conclusion, that due to the intensification of international transport route construction, the Russia's most important strategic task is to use the Chinese initiative to gain substantial economic dividends based on close mutually beneficial and comprehensive cooperation.

Статья целиком →

Ekaterina S. Zalozhnykh. Main concepts and legal regulation of advertising on vehicles (and with their use) in Russia

UDK: 659:34

Ekaterina S. Zalozhnykh - post graduate of the department of administrative law, ecological law, information law, Law Institute of the Russian University of Transport

Abstract. The paper deals with the main concepts and legal regulation of advertising on vehicles (and with their use). The paper reveals the relevance of this type of outdoor advertising, its attractiveness to advertisers. The main issue of the paper is a legal regulation of advertising on vehicles (and with their use) in the Russian Federation.

Статья целиком →

Lyudmila M. Gruzdeva. Transport information infrastructure as an object for computer attacks

UDK: 656(075.8):681

Lyudmila M. Gruzdeva - Candidate of Technical Sciences, associate professor of the department of informational technologies in jurisprudence, Law Institute of the Russian University of Transport, professor of the Russian Academy of Natural History (RANH)

Abstract. In accordance with the current legislation, transport information systems are the objects of the critical information infrastructure of the Russian Federation. At present, there is paid an increased attention to ensuring the functioning of the state system of detection, prevention and elimination of the consequences of computer attacks on information resources of the Russian Federation. The paper presents the statistics of the current computer attacks, the objects of which are various sectoral information infrastructures. Transport information systems of Russia and of the world were attacked by cybercriminals using malicious software combined with social engineering and exploitation of web-based vulnerabilities. One of the urgent tasks facing the specialists of information protection services in transport is to prevent information leaks caused by internal intruders who use open data transmission channels.

Статья целиком →

Roman Al. Mazhinsky. On the novelties in licensing of business activities for the road transportation of passengers and baggage

UDK: 346:629.331

Roman Al. Mazhinsky - post graduate of the Institute of law and management, Moscow City Pedagogical University (MGPU)

Abstract. In this paper the author analyzes the novelties of the legal regulation of the licensing of business activities for the road transportation of passengers and baggage, which was put in force on March 1, 2019. The author considered the current issues of business risks and the impossibility to fulfill obligations under chartering contracts related to the new edition of regulatory legal acts which define the rules to obtain a license to carry out relevant business activities.

Статья целиком →

Nikolay A. Dukhno. Environmental security and transport

UDK: 502.1(075.8):656

Nikolay A. Dukhno - Doctor of Law, professor, Director of Law Institute, Russian University of Transport (MIIT), honorary worker of higher education of the Russian Federation

Abstract. Based on the estimation of environmental security and transport, the paper deals with the person needs to meet opposing interests. On the one hand, people are constantly striving to meet constantly growing transportation needs, destroying and polluting the environment, creating environmental hazards. On the other hand, a person needs environmental safety, which is possible only in the favorable environment. The state of the environment in transport remains alarming, despite of the measures taken to reduce pollution of natural objects with transport products. The made efforts and the money invested in the environmental protective programs do not ensure environmental security in transport. In order to achieve environmental security, it is necessary to improve transport, introduce new technologies, eliminate harmful effects on the environment, compensate for environmental damage and educate high environmental and legal culture among transport workers.

Статья целиком →