Статьи номера | Issue №32

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

All articles in PDF

Olga M. Zemlina, Aleksandr Ig. Zemlin. On some organizational and legal aspects of internal financial control and internal financial audit in the process of budgetary expenses to solve system-wide transport problems in the context of digitalization of the economy

UDK: 347.73:656

Olga M. Zemlina - Candidate of Law, docent, associate professor of the department "Transport Law" of the Law Institute of the Russian University of Transport, Member of the Scientific-Advisory Section of the Center for Security Studies of the Russian Academy of Sciences, honored worker of the Higher Professional Education

Aleksandr Ig. Zemlin - Doctor of Law, professor, head of the department "Transport Law" of the Law Institute of the Russian University of Transport, Member of the Scientific-Advisory Section of the Center for Security Studies of the Russian Academy of Sciences, honored scientist of the Russian Federation

Abstract. The current paper has studied some legal and organizational aspects of internal financial control and internal financial audit to ensure the transport system development. It has identified significance of internal financial control and internal financial audit in the context of the application of the program-targeted and project methods for planning budgetary expenses to solve system-wide transport problems. Based on the analysis of the theoretical foundations and the legal framework for legal support and organization of internal financial control and internal financial audit, there were identified inconsistencies and gaps in Russian legislation. There were analyzed the changes to budget legislation that came into force in 2020. There were proposed the directions to improve legal regulation in order to ensure efficiency of internal financial control and internal financial audit in the context of the implementation of program-targeted method and project approach to the Russian transport system development in accordance with the objectives of the Transport Strategy of the Russian Federation for the period up to 2030, as well as indicators of the state program "Development of transport system."

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Aleksandr Ig. Zemlin. Organizational and legal problems of training staff for the transport security enforcement system

UDK: 378.046.4:656.62.08

Aleksandr Ig. Zemlin - Doctor of Law, professor, head of the department 'Transport Law' of the Law Institute of the Russian University of Transport, Member of the Scientific-Advisory Section of the Center for Security Studies of the Russian Academy of Sciences, honored scientist of the Russian Federation

Abstract. Using formal-dogmatic analysis, the current paper has examined the norms of legal acts of current Russian transport and educational legislation. The study results have shown the necessity to improve the quality of legal regulation of relations in the field of training staff for transport security enforcement system and personnel allowed to work in the field of transport security during the operation and the use of transport and its infrastructure. The study results have also considered a necessity to improve the efficiency of the organizational component and the legal basis of the training system of qualified personnel for transport security enforcement. The preparation of the current paper has been determined by the needs to identify the patterns of development of the training system of qualified personnel for transport security enforcement because of growing threats to transport security; to fix promising directions, principles and relevant forms of development of the legal and organizational framework for training qualified personnel for transport security enforcement. The study was carried out using the methods of systemic legal analysis, using a formal legal approach. The presented study results can serve as a starting point for further discussion about the prospects, trends and directions of development of Russian legislation to enforce transport security.

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Olga V. Novikova. The current state of crime on railway transport

UDK: 343.346.8

Olga V. Novikova - Candidate of Law, docent, associate professor of the department 'Criminal law, criminal procedure and criminalistics' of the Law Institute of the Russian University of Transport

Abstract. Transport is the most important branch of the Russian economy, therefore the successful implementation of the state economic strategy and the normal functioning of industry, agriculture and trade depend on the efficiency of its work. The number of crimes on transport in the whole country has decreased since 2013, however, there has been seen their growth in 2017. According to forecasts, by the end of 2019 the number of crimes can well exceed the level of 2013. Judicial-investigatory practice on the railway shows that the greatest public danger and material damage is caused precisely by the theft of goods committed directly from rolling stock. The rates of crimes in the field of railway freight currently remain high. The crimes under consideration have a peculiar specificity, due to the work of the railway transport itself, which significantly complicates their prompt detection, clearance and prevention. The current paper provides statistics on the types of crimes that are committed on railway transport. It has been noted that transport crimes are latent. When developing measures to prevent crimes on railway, it is especially necessary to take into account the causes of latency and the specific features of railway lines.

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Anastasiya Al. Galitskaya. Penalty as one of the types of liability under a civil works contract: origin, theory and practice

UDK: 347.4

Anastasiya Al. Galitskaya - post graduate of the department 'Civil law, international private law, civil procedure' of the Law Institute of the Russian University of Transport

Abstract. The current paper deals with the history, purpose and development of legislation on a penalty as the oldest way to ensure obligations. It analyzes its main types, development of law enforcement practice, considers the rights of parties participating in such category of cases to file petitions to reduce the penalty. The consideration of a penalty is based on the characteristics of a civil works contract. One of the features of a civil works contract is the composition of its participants, which include not only the parties to the contract themselves (a customer and an independent work contractor), but also the subcontractors, investors, and third parties involved by the general contractor. Thus, in the process of construction, the relations of the parties go far beyond the framework of the civil works contract, for example, its parties become parties of the relations between transport services, supply, insurance and many others. Since in accordance with the Civil Code of the Russian Federation, the deadline of the works is of great importance, and as a rule, the customer seeks to include into the contract as many ways ensuring fulfillment of obligations as possible, it is an analysis of a penalty that is of scientific interest.

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Anatoliy N. Shevchuk, Polina N. Motina. Features of proof in civil cases in disputes arising in the field of transport

UDK: 347.463:347.9

Anatoliy N. Shevchuk - Candidate of Law, professor, professor of the department 'Civil law, international private law, civil procedure' of the Law Institute of the Russian University of Transport

Polina N. Motina - student of the Law Institute of the Russian University of Transport

Abstract. Consideration of general jurisdiction of civil cases in disputes arising in the field of transport legal relations is carried out in accordance with the general rules provided for by the norms of the Civil Procedure Code of the Russian Federation (hereinafter the CPC RF). At the same time, legal proceedings in this category of cases are distinguished by a number of distinctive features. One of them is a regulation of judicial proof not only by the rules of the CPC RF, but also by a branch legislation in the field of transport legal relations. The norms of the branches of law in the field of transport supplement and specify the legal regulation of certain aspects of proof in disputes arising in this field. However, there are the questions that require a critical analysis, an assessment of the justification of the provisions of the branch transport legislation in relation to the regulation of the proving process, their compliance with the principles of the civil process. In this regard, the current study analyzes the civil procedural rules and presumptions provided by the transport legislation, as applied to the parties proving the stated requirements or objections. There has been paid attention to problematic issues related to the definition of the range of proof used in the courts' consideration of disputes in the field of transport. There has been also given a critical assessment of the commercial act as written evidence and its important role in establishing the facts of violations during goods transportation by rail. The analysis of the theoretical provisions of civil procedural law, transport law, as well as relevant legislation and the practice of its application, made it possible to find the ways to improve the legislation in order to ensure competitiveness of legal proceedings and procedural equality of the parties during considering civil cases in disputes arising in the field of transport.

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Denis V. Iroshnikov. Security as an element of the legal relations arising on the basis of transport obligations in civil law

UDK: 340.13

Denis V. Iroshnikov - Candidate of Law, docent, associate professor of the department 'Theory of law, history of law and international law' of the Law Institute of the Russian University of Transport

Abstract. The current paper has considered security theoretically and legally as an element of the legal relations arising on the basis of transport obligations in the Russian civil law. A popular short-term car rental (car sharing) the legal nature of which is still not defined in current Russian legislation is of particular relevance to this current study. The author discusses security as a mandatory element of the transport obligations, which today do not contain a legislative requirement to include provisions on safety and quality of transportation in them. Analyzing the combined application of protective norms of administrative and criminal legislation and civil law norms, the author notes the necessity for systematic and integrated regulation in security issues. In his opinion, the obligations of the carrier (landlord) to the consumer are primary in these legal relations compared with the security standards, and they, first of all, should include provisions on the trip safety. Based on the current study, the author proposes fundamental changes to the current civil legislation aimed at additional guarantees of the safety of transport legal relations.

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Vasiliy N. Gutsulyak. Clauses in a bill of lading and their legal significance

UDK: 341.9

Vasiliy N. Gutsulyak - Doctor of Law, professor, professor of the department 'Transport Law' of the Law Institute of the Russian University of Transport, honorary worker of the Navy

Abstract. The main document in the process of ‘documentary’ sale of goods is traditionally the bill of lading, a universal multi-purpose document used exclusively for the goods shipped by sea or inland waterway. As practice shows, for example, that in credit transactions the banks as an important link in the sale-purchase contracts negatively refer to the so-called ‘claused/unclean’ bills of lading with certain clauses, since they prefer to get a set of documents that include only ‘clean’ bills of lading. The current paper first of all analyzes the clauses made to the bill of lading that represent unilateral statements by the carrier on certain issues of the contract of sea shipment and do not require agreement with the shipper. The legal significance of the clauses made to the bill of lading is that they are aimed at protecting the carrier from liability for information that may be inaccurate or false, provided by the shipper. However, the negative legal consequences of the clauses made to the bill of lading are that they significantly reduce the evidentiary power of the bill of lading. The current study shows that not any clause made to the bill of lading makes it ‘clean’. In this regard, there have been studied the provisions of a number of international conventions regulating the legal regime of sea transportation of goods, as well as banking practice made in unified rules, which are analyzed in the publications of the International Chamber of Commerce. There has been also considered an important practical question on the appropriateness of issuing ‘clean’ bills of lading if there is doubt about the proper condition of the goods in exchange for the shipper’s guarantee letters providing for compensation of potential losses to the carrier upon delivery of the goods.

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