Статьи номера | Issue №34

Articles of the journal issue №2 (34) (2nd quarter of 2020)

All articles in PDF

Andrey Ol. Ananenko. The main areas of improvement of legal regulation in the use of unmanned vehicles

UDK: 347.823.4

Andrey Ol. Ananenko - post graduate of the Law Institute of the Russian University of Transport

Abstract. The governments of many world countries are promoting the development of unmanned vehicles in their countries. As the technologies needed for automated, autonomous and connected vehicles are being developed, vehicle manufacturers and their suppliers face a number of new legal challenges. The current paper has reviewed some key legal issues related to the development and operation of such vehicles. The current paper has also considered the main directions of development of regulatory documents in the field of regulation of the use and application of unmanned vehicles. Taking into account the variety of unmanned vehicles, legal regulation in this area covers a wide range of legal relations, including civil aviation, land and water transport. The legal basis for the regulation of these public relations are the norms of domestic legislation and the norms of international legal acts implemented in it.

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Aleksey V. Gubin. Issues of including freight costs in the customs value of goods delivered by railway transport

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 has considered an urgent issue of including freight costs in the customs value of imported goods when the goods are delivered by railway transport to the destination point located at a certain distance from the state border of the Russian Federation. It occurs due to the peculiarities of railway transport and railway transportation. In practice, there are cases when the destination point is not located directly at the checkpoint through the state and customs borders. In this situation, the customs authorities may require the costs on freight of goods be added to the customs value. This requirement is a bit controversial, since usually the freight charge for railway transportation usually includes the expenses on delivery from the border to the destination place. Another relevant issue is that even if the declarant agrees to include these transportation costs in the price actually paid or liable to payment, there is no reliable way to calculate them. In practice, the carrier can be demanded a supporting document or calculating through establishing the ratio between the distance of transportation and the total amount of the freight charge. However, in any case, these costs cannot be considered correct. Despite the relatively insignificant part of these costs in the total amount of transportation costs for the declarant, there is a danger of being punished for non-compliance with the structure of the customs value of imported goods. The current paper has considered possible solutions to this problem. For example, it may be an indication of the destination place as a delivery point in the foreign trade contract. However, the best solution would be to prepare a normative legal act that would methodologically explain what to do in this situation.

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Sergey A. Pravkin, Vera V. Smirnova. Legal and organizational support of international shipping in the seaports

UDK: 341.9:347.79

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, Pravkin@bk.ru

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, veryvera@list.ru

Abstract. The current paper has considered the organizational and legal means of ensuring international shipping in the seaports. Seaports are important links in the transport system, the use of which should take into account the legal regime of their activities. The state regulation in the seaports is of great importance as the state must ensure compliance with international standards and agreements in the field of merchant shipping, maritime transport security, environmental standards, etc. State regulation in seaports is carried out via the publication of legal rules governing the activities of the seaport; licensing of types of activities and technical regulation; establishing rates of revenue tariffs in ports; leasing port property. The registry of seaport services should always be displayed in digital form. The modern sea infrastructure of any seaport significantly increases its reliability. And the information infrastructure of the port gives an opportunity to develop it in an innovative way. The authors believe that the modern maritime security system needs to be improved using the digital format. In addition, there are still problems in the legal regulation of the supervisory mechanism. It is also necessary to qualitatively differentiate the areas of responsibility between captains of the seaport and supervisory agencies. There have still remained the problems with the distribution of the rights and obligations of departments related to port operations.

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Vasiliy N. Gutsulyak. Maritime Law as a conventional academic discipline

UDK: 341.24

Vasiliy N. Gutsulyak - Doctor of Law, professor, head of the department ‘Maritime law’ of the of the Law Institute of the Russian University of Transport, honorary worker of the Navy, president of the International Maritime Law Association

Abstract. One of the features of training future transport fleet commanders in higher education programs is that, along with educational diplomas, they must also receive professional diplomas/certificates for occupying a particular position on the vessel. The content of these programs, qualification requirements, the procedure for issuing such diplomas (certification), minimum standards of competency and other related issues are regulated not only and not so much by Russian legislation as by International Law, which are present in special international treaties, in transport conventions. The main role among them belongs to the International Convention on the Training and Certification of Sailors and Watchkeepers in 1978, substantially amended and supplemented in 1995 and 2010. This Convention is known among experts under the acronym TCSW (sometimes TCW). The Russian Federation is also a member of the Convention. In this regard, the Federal State Educational Standard for Higher Education in the specialty “Navigation” of 2018 has established that the specialization program in this area is implemented taking into account the requirements of the TCW Convention and the Maritime Labor Convention 2006. According to the requirements of the TCSW Convention, one of the most important disciplines that should be studied by future professional sailors is Maritime Law. Without a deep knowledge of the provisions of Maritime Law, a future transport officer cannot be awarded with a professional diploma. First of all, it is in this sense that Maritime Law is a conventional academic discipline. The current paper has examined the genesis of conventional requirements for the level of training of sailors, including those related to Maritime Law. The current paper has focused on the TCSW Convention, which has undergone a major evolution from its issue in 1978 to subsequent amendments in 1995 and 2010. The author has analyzed the provisions of the TCSW Code, which are connected with the requirements for the qualification of fleet commanders in the field of Maritime Law, and there has been considered the basic minimum competency standards in this regard. As a result, there has been summarized that the requirements for knowledge of the provisions of Maritime Law stand out when assessing the qualifications of candidates for professional maritime diplomas/certificates both at the management level (captains and senior command personnel of the vessels) and at the operational level (watchkeeping officers and watchkeeping mechanics). The final part of the current paper has presented the main conclusions on the studied issue.

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Nikolay Al. Dukhno. Artificial intelligence technologies in transport education

UDK: 004.8:378:656

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

Abstract. The current paper has considered the new needs of the development of transport education based on the introduction of artificial intelligence in the process of transport specialists training. The nowadays capabilities of artificial intelligence technologies require a significant change in the methods of specialists’ training, subordinating them to the formation of transport competencies of a new generation. Adopted at the end of 2019, the National Strategy for the Development of Artificial Intelligence for the period until 2030 creates a guiding basis to develop and implement artificial intelligence in the field of transport education. The strategy predetermines the development of an artificial intelligence law and the creation of a legal framework sufficient to regulate relations in the field of the use of artificial intelligence in the educational process. Legal support will contribute to the creation of fruitful conditions for the full implementation of artificial intelligence in training. Transport education, transformed with the help of artificial intelligence technologies, will accompany the transport industry, providing it with the best specialists who are able to fully solve the tasks set by the Transport Strategy of the Russian Federation.

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Mikhail V. Klenov. Training of qualified transport security specialists in the context youth policy

UDK: 378.018.43:656

Mikhail V. Klenov - Candidate of Medicine, vice-rector of the Russian University of Transport (MIIT)

Abstract. The current paper deals with the main provisions contained in the report at the International Congress “Transport Law and Transport Security: XXI Century”, held on March 25, 2020 at the Law Institute of the Russian University of Transport (MIIT) as a part of ‘Week of Science-2020’ to discuss the urgent problems of legal support of transport security in the face of nowadays challenges, analysis of the experience of enforcing transport security by legal means, refinement of approaches to determining the most promising areas of research in transport law in relation to the problem of security. The current paper has analyzed the importance of the formation of professional competencies in the field of transport security among students of the Russian University of Transport as a factor which ensures self-determination and career growth of young transport specialists, and considers the role of training as a career prospects for young transport specialists. Based on the analysis of the current situation and development directions of the Russian University of Transport as a basic educational institution of that direction, a general transport scientific, educational and methodological center, there have been formulated some suggestions how to improve the youth policy areas, to ensure the relationship of organizational and legal incentives for self-development of the student’s personality and the young specialist, to form mechanisms of professional competencies of a transport worker. That has been suggested in the interests of ensuring the security of the Russian transport system in accordance with the priorities, goals and objectives of the Transport Strategy of the Russian Federation for the period up to 2030 in the current stage of development of the digital economy and transport of Russia.

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