Статьи номера | Issue №32

Articles of the journal issue №4 (32) (4th quarter of 2019)

All articles in PDF

Nikolay Al. Dukhno. School of Transport Law

UDK: 347.463

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

Abstract. The current paper substantiates the need to establish a structure that is able to focus efforts on the fruitful use and application of transport law in the formation of transport relations. The author gives the reasons to the need to set up a school of transport law, determines a goal and tasks to be solved by this new institution. The functioning of the school does not require budget funding. The rich experience in the establishing and developing of the Law Institute MIIT confirms the possibility to set up such a school, which will ensure the development of proposals for the systematization of transport legislation and make it more accessible for implementation in transport practice. Due to combining forces and means, the school will become the institution that will be able to develop and implement unique programs of additional professional education. The functioning of the school will ensure an increase in the level of legal culture of transport workers.

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Alla V. Pavlova. Legal aspects of the digital transformation of railway transport and logistics

UDK: 347.463:656.2

Alla V. Pavlova - Candidate of Economic Sciences, associate professor of the department 'Customs Law and Organization of the Customs Affairs' of the Law Institute of the Russian University of Transport

Abstract. Modern information technologies and technical means, together with the development of scientific and technological progress, eliminate the boundaries between technology and science and contribute to the penetration of innovation in all spheres and sectors of the economy and society. The formation of a digital economy is a strategic development goal of the Russian Federation. Various spheres and sectors of the Russian economy are going through a digital transformation based on digital technologies. Railway transport and logistics related to the field of transport and logistics are no exception. The current paper discusses the current legal and regulatory aspects governing the transport and logistics field in Russia on the example of railway transport logistics and the regulation of its digitalization. These legislative documents make it possible to carry out digital public regulation and management in order to achieve the goals and maximum effect.

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Elena N. Rudakova, Olga Al. Dmitrieva, Dmitriy Ev. Morkovkin. The ways to improve the organization of export freight of raw materials through railway border entries, taking into account the customs aspects

UDK: 339.562.4

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

Olga Al. Dmitrieva - Candidate of Economic Sciences, deputy director of the Law Institute on Strategy of Development, associate professor of the department of ‘Customs law and organization of the customs affairs’ of the Law Institute of the Russian University of Transport

Dmitriy Ev. Morkovkin - Candidate of Economic Sciences, associate professor of the department ‘Customs Law and Organization of the Customs Affairs’ of the Law Institute of the Russian University of Transport

Abstract. At present, Russia is an important participant in foreign economic activity, as it supplies such raw materials as oil, gas, metals, minerals, coal and timber. In addition to the implementation of export and import procedures, transit freights are carried out in Russia due to the convenient location of our country connecting Europe and Asia. The key importer of Russian raw materials is the Republic of China, which annually increases the volume of export railway freights. In conditions of general liberalization of transport processes, maintaining the regulatory role of the state for coordinating the field of transport and links of the transport chain, international transport cooperation and developing international transport ports of entry , it is necessary to take into account that when organizing export freight of raw materials one of the problems is an objective assessment of their cost and calculation of the freight fee confirmed by the permission to export goods from the customs territory of the Russian Federation, which the authors are trying to solve.

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Sergey A. Pravkin, Vera V. Smirnova. Legal basis for the implementation of railway infrastructure investment projects

UDK: 347.463:656.2

Sergey A. Pravkin - Candidate of Law, docent, associate professor of the department 'Administrative Law, Ecological Law, Information Law' of the Law Institute of the Russian University of Transport

Vera V. Smirnova - Candidate of Law, docent, associate professor of the department 'Administrative Law, Ecological Law, Information Law' of the Law Institute of the Russian University of Transport

Abstract. The current paper discusses the mechanism of state investment management in the field of transport. Public investment management is closely connected with the establishment of a legal framework. For transport projects, this is primarily the creation of a legal framework for investment activities in transport. Currently, Russia is dominated by railway transport. Therefore, the importance of legal regulation of the entire railway infrastructure is growing significantly. The purpose of the state is to harmonize legislation, create conditions and guarantees for railway infrastructure investment, which, due to its length and significance, can become the basis for the development of the economy of the whole country.

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Aleksey V. Gubin. Problems of allocation of transport costs in the structure of the customs value of goods

UDK: 339.562.4

Aleksey V. Gubin - Candidate of Economic Sciences, docent, associate professor of the department 'Customs Law and Organization of the Customs Affairs' of the Law Institute of the Russian University of Transport

Abstract. The current paper discusses the problem of allocation of transport costs in the customs value of goods, which is used for their taxation by various types of customs payments and the application of customs regulation measures. Manipulations of transportation costs by foreign trade participants is one way to understate the customs value of goods. At the same time, there are difficulties to isolate the amount of transportation costs from the price actually paid or liable to be paid, if they were paid not by the buyer, but by the seller. As a result, the buyer has no documents confirming the costs. Therefore, the customs authorities, when examining the customs value of goods, refuse to deduct transportation costs upon arrival of goods to the customs territory of the Eurasian Economic Union due to the fact that the declarant cannot reasonably isolate them from the value of goods and confirm with documents. One way out of this situation is to exercise the right of the declarant to justify the inability to present the required documents, while submitting other documents and/or information confirming the right to deduct transportation costs, which should be taken into account by the customs authority. However, the final decision on the validity of these deductions is to be taken by the customs authorities, which do not always meet the needs of foreign trade participants in this issue.

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Bulat Az. Bayramov, Mikhail V. Morgunov, Aleksandr V. Romanov. Ballast water: pollution eradication ways

UDK: 341.9:349.6

Bulat Az. Bayramov - student of the Law Institute of the Russian University of Transport

Mikhail V. Morgunov - student of the Law Institute of the Russian University of Transport

Aleksandr V. Romanov - student of the Law Institute of the Russian University of Transport

Abstract. Human economic and economic activity leads to the fact that under the effect of anthropogenic factors, the World oceans are intensively depleted in both the environmental and economic components. The mankind needs to solve the current problem of growing needs and limited resources. In the current study, we have considered possible ways to eradicate environmental pollution caused by ballast water discharge, as well as features of national legislation in the field of environmental law with an eye to foreign experience, to determine possible ways to reduce the negative impact on the world around us.

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Dmitriy Ig. Lychev. Legal protection of atmospheric air in the activities of the open joint-stock company ‘Russian Railways’

UDK: 349.6:656.13

Dmitriy Ig. Lychev - lecturer of the department 'Administrative Law, Ecological Law, Information Law' of the Law Institute of the Russian University of Transport

Abstract. In Russian legal science, little attention is paid to the issue of the relationship between environmental and transport law, but the Russian railways in the current situation are the “locomotive” for the legal protection of atmospheric air. Based on this, we see that it is the rail mode of transport in Russia that was the first to pursue a long-term environmental and legal policy. At the same time, rolling stock and stationary sources continue to emit pollutants in an amount with which further development is impossible. There is a problem of destruction of protective forest plantation. In this regard, in the modern legal system, it is necessary to clearly distinguish legal liability between Russian Railways and the state and municipal authorities in the framework of monitoring protective forest plantation and atmospheric air.

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Takhir S. Efendiev, Viktor Iv. Ivakin. Administrative liability for environmental offenses on transport

UDK: 342.9:656.13.502.3

Takhir S. Efendiev - Candidate of Law, docent, associate professor of the department 'Administrative Law, Ecological Law, Information Law' of the Law Institute of the Russian University of Transport

Viktor Iv. Ivakin - Candidate of Law, docent, associate professor of the department ‘Administrative Law, Ecological Law, Information Law’ of the Law Institute of the Russian University of Transport

Abstract. The current paper has considered the urgent issues of the application of administrative liability for environmental offenses. There have been identified the features distinguishing the named category from other varieties of legal liability, particularly from environmental and legal liability. Environmental and legal liability is an independent form of liability being applied also for transport offenses, which, together with others, forms such an institution of law as legal liability in the field of environmental protection. The researchers have made an attempt to classify varieties of administrative liability for environmental offenses. Some attention has been paid to the reasons for applying this form of liability, which are offenses in the field of environmental protection, connected with transport in one way or another. There has been proposed the systematization of such reasons and identified, for example, offenses in the field of forest relations, mining legislation, rules for water protection, rules for atmospheric air protection and others. Among the latter, there have been identified administrative environmental offenses committed in rail, air, river, sea, pipeline transport. Also, the current paper has considered administrative penalties that are imposed for offenses in this area of relations. They are a warning, an administrative fine, confiscation of the instrument or subject of an administrative offense, deprivation of a special right, administrative suspension of activity.

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Aleksandr P. Ovechkin. Currency and legal status of transport organizations as residents in the system of currency legal relations

UDK: 347.752:656

Aleksandr P. Ovechkin - Doctor of Philosophical Sciences, professor, professor of the department ‘Administrative Law, Ecological Law, Information Law’ of the Law Institute of the Russian University of Transport

Abstract. The analysis of the development of modern international relations convincingly shows that transport organizations are becoming more and more active participants in these relations, carrying out the transportation process of passengers and goods, and therefore, they are all more actively involved in the system of currency legal relations. In this perspective, the study of their currency and legal status is of great relevance. In the current paper the currency and legal status of transport organizations has been considered as a set of general, special and additional rights and obligations, as well as liability for violations of currency legislation. At the same time, there has been analyzed the currency and legal status of only those transport organizations that are residents in accordance with Russian currency legislation. The current paper discusses both the theoretical aspects of the problem and the problems of law enforcement practice, as well as some recommendations. The methodological basis were the works of leading experts in the field of currency law. The normative basis are the currency legislation acts, the acts of currency regulation bodies and the acts of currency control bodies. Writing the paper, the author relied on the dialectical method of cognition, and on such special methods of scientific knowledge as systemic and comparative analysis.

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Sergey F. Mazur, Elena V. Karpycheva. The application of professional standards by certain categories of staff as one of the means to enforce security of railway traffic and operation

UDK: 34 (078)

Sergey F. Mazur - Doctor of Law, professor, researcher of the Research Center of Academy of Management of the Ministry of Internal Affairs of the Russian Federation

Elena V. Karpycheva - Candidate of Historical Sciences, docent, associate professor of the department 'Information technologies in jurisprudence and document supply of management' of the Law Institute of the Russian University of Transport

Abstract. In the current paper the authors have studied the goals, objectives, and the procedure for applying professional standards related to the activities of railway staff and enforcing security of this mode of transport. There has been conducted a comparative analysis of professional standards: a train attendant; a train electrician; a train safety inspector. There have been considered the generalized labor functions, labor skills, labor actions, as well as knowledge and skills regulated by the professional standards adopted to ensure the safety of passengers, goods, luggage, environmental safety. The analyzed professional standards are aimed to stimulate the staff to study and competently apply the regulatory legal and local regulatory acts that regulate safety organization on railway transport. The current paper has also analyzed the only sufficiency of official publication of orders of the Russian Ministry of Labor, which approved these professional standards, on the official Internet portal of legal information and on the official website of the Russian Ministry of Labor.

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