Статьи номера | Issue №35

Articles of the journal issue №3 (35) (3rd quarter of 2020)

All articles in PDF

Ivan V. Kholikov. Review on the textbook edited by Professor A. I. Zemlin “Legal support of professional activities (for students of Transport universities)”

Ivan V. Kholikov - Doctor of Law, professor, professor of the Institute of Legislation and Comparative Law under the Government of the Russian Federation

Abstract. The current paper has presented the review on the textbook “Legal support of professional activities (for students of Transport universities)”, prepared by the staff of the department Transport Law’ of the Law Institute of the Russian University of Transport edited by the Doctor of law, professor, head of the department ‘, honored scientist of the Russian Federation Aleksandr Ig. Zemlin.

Статья целиком →

Yury Iv. Petrov. Railway concessions of 1860-1870 in Russia

UDK: 656.2:902

Yury Iv. Petrov - Candidate of Historical 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 the government's new intention in the 1860s towards to develop private railway entrepreneurship issuing concessions to the railway companies. There has been shown that this fact contributed to the rapid enrichment and the emergence of oligarchs in Russia in the 19th century, and that this caused the ‘railroad fever’. There has been considered the role of the government railway fund, the goals of its establishment, sources of formation and directions of use. There has been shown the role of the first Minister of Railways P. P. Melnikov in the fight against abuses in the railway, the government's awareness of the main mistakes in the concession policy and its concrete solutions of this problem.

Статья целиком →

Olga V. Kobzeva, Olga N. Skuybedina. Sociolinguistic and cultural-semiotic features of the development of the French law system

UDK: 811

Olga V. Kobzeva - Candidate of Philological Sciences, associate professor of the the department ‘Methodology of law and legal communication’of the Law Institute of the Russian University of Transport

Olga N. Skuybedina - Candidate of Philosophical Sciences, associate professor of the the department ‘Methodology of law and legal communication’of the Law Institute of the Russian University of Transport

Abstract. There has been conducted the thorough analysis of the French law system from the points of continental law. The current paper has presented a comparative analysis of the main components of the legal community. There have been revealed the sociolinguistic and cultural-semiotic features of the history of French and Russian law, and determined the formation stages of the language of law in both cultures. There has been also shown an originality of the legal conceptual apparatus of the national French law. The authors of the current paper have considered the role and significance of this legal system through the prism of the “normative pole” of Romano-Germanic law.

Статья целиком →

Aleksandr P. Ovechkin. Currency transactions between resident transport organizations and other residents and non-residents

UDK: 336.71:339.74:656

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. Modern foreign economic, foreign politic and tourism activities, organization of international cultural exchange are impossible without appropriate transport support. In the course of the transportation process, transport organizations have to not only solve various kinds of problems associated with movement in time and space, but also fulfill their accounting obligations with residents and non-residents. Consequently, the active involvement of Russian transport organizations in various areas of the modern international process includes them not only in the field of the transportation process, but also makes them active participants in currency relations. Therefore, one of the most relevant aspects of the study of international transport is the legal regulation of foreign exchange transactions performed by transport organizations-residents with other residents and non-residents. Meanwhile, the problem of including transport organizations in the orbit of currency and legal relations has not received proper attention in research materials. In the current paper, the author has considered only some of its aspects. In particular, the paper has given a definition of the concept of a resident transport organization, examined the currency relations of resident transport organizations with resident intermediaries. The paper has also identified some problems arising in the field of currency legal relations in the goods and passengers’ transportation, as well as the issues associated with the functioning of the transport infrastructure.

Статья целиком →

Aleksey V. Gubin. The impact of performance and efficiency indicators of the Russian customs authorities’ work on the sphere of transport services in international trade

UDK: 339.5

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 performance and efficiency of the Russian customs authorities’ work are of a significant effect on many economic branches of the country, including the development of transport. The development of international trade is impossible without providing the services for the international transportation of goods. In turn, the results of providing these services are influenced by the execution of the controlling and supervisory powers of the customs authorities. The subject of the current paper is the dependence of transport services for the international transportation of goods on the performance and efficiency indicators of the Russian customs authorities’ work. Currently, there is a multidimensional system to evaluate the efficiency and effectiveness of the customs authorities’ work, which consists of several levels, including a large number of different indicators. The purpose of the paper is to consider indicators that have an impact on the transport services provided for international transportation of goods. There is a significant number of research works devoted to the problems of assessing the performance and efficiency of the customs authorities’ work. However, the impact of these indicators on the transport sector is generally not considered. Nevertheless, it is clear that the customs sphere and the transport industry are inextricably correlated and have a mutual influence. Therefore, the analysis of the performance and efficiency indicators of customs authorities’ work in the international transportation of goods is of great relevance. The paper has considered the performance and efficiency indicators of the customs authorities’ work in the road, rail, water and air transport, which is due to the peculiarities of customs operations related to certain modes of transport. Also the indicators of the work of customs authorities are of great interest. These indicators are of interest as external factors influencing the efficiency of transport services. Thus, the increase in the performance and efficiency indicators of customs authorities’ work improve the indicators of transport services in the field of international transport. When creating transport corridors, and calculating the parameters of international transportation, these indicators should be taken into account as indicators of the external environment.

Статья целиком →

Oleg S. Openyshev. Prosecutor’s supervision over the implementation of legislation in transport in the context of the spread of a new coronavirus infection (the experience of the Moscow Interregional Transport Prosecutor’s Office)

UDK: 347.963

Oleg S. Openyshev - Candidate of Law, deputy Moscow interregional transport prosecutor, state counselor of justice of the 3rd class

Abstract. The current paper has presented the study results of fundamental approaches to organization of prosecutorial supervision over the implementation of legislation on transport in the context of the spread of a new coronavirus infection, based on the application of methods of systemic legal analysis of legislation on prosecutorial supervision and transport legislation, a critical understanding of the experience of the Moscow Interregional Transport Prosecutor's Office and transport prosecutors. The analysis has revealed some contradictions and gaps in legislation that have large theoretical and practical significance for ensuring the legitimacy in transport in the context of the spread of a new coronavirus infection. There have been analyzed the main violations revealed during the prosecutor's inspections in the transport sector in the context of the spread of a new coronavirus infection. Particular attention has been paid to the analysis of the activities of regulatory authorities as a means of ensuring the legitimacy and discipline of parties of transport legal relations. There have been formulated the conclusions on the necessity to improve the regulatory legal framework, as well as the organization of prosecutorial supervision over the implementation of legislation in transport in the context of the spread of a new coronavirus infection, which should be based on the development of unified methodological approaches to the development of a conceptual and categorical apparatus to harmonize legal terms in accordance with the needs of increasing the efficiency and legality of transport activities, eliminating conflicts and gaps in legal regulation.

Статья целиком →

Marina V. Mazaeva. Urgent organizational and legal issues of certification of transport security enforcement staff

UDK: 351.81

Marina V. Mazaeva - consultant for the department ‘Transport Security Management’ of the Federal Agency for Maritime and River Transport

Abstract. The current paper has presented the results of the conducted systemic and legal analysis of one of the urgent issues of legal regulation in the field of transport security, which is problematic in nature and is directly related to the procedures for certification of transport security enforcement staff. Based on the analysis of regulatory legal acts, educational and scientific literature, the author of the paper has made a conclusion that currently the legislation does not fully regulate the issue of unambiguous and complete determination of the range of applicants for certification, which practically results in a conflict of interest between the employee and the employer with an appropriate certification when changing his place of work. The author has emphasized the fact that currently the employer is the only owner of the issued certificates of transport security enforcement staff. This conclusion has been confirmed by the fact that, according to the current legislation, only the employer is a contractual party of the agreement on certification, with the certification body and (or) the certification organization. According to the results of a formal dogmatic analysis of legal acts, there has been established that the employer in the arising legal relationship is the owner of transport infrastructure and (or) vehicles intended for cargo and passenger transportation, or a legal entity that is a transport security unit, or an organization claiming accreditation as such divisions. Accordingly, it is the employer who finances the activities related to accreditation and certification. Due to this fact, the issue of the certificate by the employer to the certified employee, if he changes his place of work, can be made only on a voluntary basis if there is no conflict of interest. If there are various conflicts of interest, the certificate is not issued to the employee by the employer. It is considered to be quite logical and reasonable that this circumstance significantly reduces the possibility for the owner of transport infrastructure facilities and (or) vehicles intended for cargo and passenger transportation to implement the established requirements in the field of transport security.

Статья целиком →

Viktor Iv. Liseenko, Vladislav D. Romanenkov. The right to drive vehicles carrying passengers: problems of identifying and controlling Russian and foreign drivers with revoked driving licenses

UDK: 347.463:656.072.5

Viktor Iv. Liseenko - acting deputy chief state inspector of state traffic supervision of the North Ural Interregional Department of State Road Supervision; state civil service counselor of the 2nd class; senior lecturer of the department ‘Road transport operation’ of the Tyumen Industrial University; applicant of Candidate of Law

Vladislav D. Romanenkov - General Director of the Ltd “Transport Control”, student of the Institute of State and Law of the Tyumen State University

Abstract. In accordance with the instruction of the Eurasian Intergovernmental Council “On the mutual recognition of national and international driving licenses issued in one state - a member of the Eurasian Economic Union, for doing business on the territory of another country of the Eurasian Economic Union”, the vehicles carrying out passenger on the territory of the Russian Federation are allowed to be driven by the citizens of the EAEU member states. Current practice has shown that Traffic police officers (Gosavtodornadzor), when carrying out control, as well as officials of road transport enterprises which release vehicles on the line, have been faced with the problem of identifying foreign drivers on the validity of their national driving licenses (the fact of revoked driving licenses). According to the authors, the problem is in the inability to obtain data on the validity of the national driving licenses of foreign drivers, for example, through information exchange between foreign and Russian databases of national driving licenses. The lack of a technical and legal basis for conducting such reconciliations does not allow timely identifying potential offenders. In this connection, unscrupulous citizens of the neighboring countries often take advantage of it, remaining unnoticed, and successfully work as bus drivers in various regions of Russia. In addition, the authors of the current paper have identified the problem of legal regulation of interaction between business entities and the Traffic police of the Russian Federation to get urgent information about the revocation of driving licenses from Russian drivers.

Статья целиком →

Pavel V. Agapov, Sergey V. Borisov. Anti-terrorist security of the Russian transport complex in the field of prosecutors’ supervision

UDK: 343.341.1/342.3:656

Pavel V. Agapov - Doctor of Law, professor, senior researcher of the department ‘Scientific support for prosecutor's supervision and strengthening the law in the sphere of federal security, interethnic relations, counteraction to extremism’ of the Research Institute of the University of the R.F. Prosecutor General’s Office, senior counselor of justice

Sergey V. Borisov - Candidate of law, docent, researcher of the Research Institute of the University of the R.F. Prosecutor General’s Office, senior counselor of justice

Abstract. On the basis of the current legislation and law enforcement practice, the current paper has considered the problems of anti-terrorist security of the Russian transport complex in the field of prosecutors’ supervision. There has been made a conclusion that prosecutors’ supervision over the enforcement of laws on counter transport terrorism, anti-terrorist security of transport complex facilities is still of great urgency caused by such modern challenges and threats as the activities of international terrorist organizations, cyber terrorism, further aging and deterioration of Russian transport, problems with the staff and its training, violation of the use of airspace by general aviation and drones, massive cases of deliberately false reports of terrorist acts, lack of proper control over the use of foreign labor at transport facilities, etc.

Статья целиком →

Elina V. Gubernatorova, Nataliya Ev. Kovalenko, Vladimir Al. Val’kov, Evgeniy Ig. Timofeev. Cross-border insurance of vehicle owners’ liability

UDK: 341.96

Elina V. Gubernatorova - Candidate of Philological Sciences, associate professor of the foreign languages department of economic and legal studies of the Altay State University

Nataliya Ev. Kovalenko - Master’s Degree student of the Law Institute of the Altay State University

Vladimir Al. Val'kov - Master’s Degree student of the Lomonosov Moscow State University

Evgeniy Ig. Timofeev - lecturer of the College of the Altay State University

Abstract. The current paper has considered the present problems of legal regulation of the of cross-border insurance of vehicle owners’ liability. The most economically developed countries envisage compulsory liability insurance of vehicle owners’ liability. In law enforcement practice there have been arisen some questions related to the compensation for damage caused to the victim by a foreign vehicle owner. There have been analyzed the features of the legal mechanism of liability insurance in foreign countries. There have been found and substantiated a necessity to apply universal instruments of liability insurance of vehicle owners from the Russian Federation and neighboring states. In connection with gaps in legal regulation, it has been considered expedient to develop an institute of universal civil insurance of commercial vehicle owners’ liability used to cross the CIS border and within the countries of the Commonwealth of Independent States. It can give the possibility to the commercial organizations from any of the host countries (CIS) conclude a universal insurance contract for vehicles used to move across the borders of the Commonwealth countries in any of these states. To implement these provisions, it is necessary to create a single normative act regulating the issues of interaction in this area, namely a joint agreement of the CIS countries. On the basis of the conducted study, the authors have proposed to use a mechanism similar to the “Green Card System” with improved amendments. Within the framework of the proposed agreement, there should also be resolved the issues of information exchange via electronic interaction. There has been assumed that through information interaction in this area, there should be taken into account the transparency of maintaining databases and free access to their constituent information. This will allow controlling efficiently a compliance with legislation in this area.

Статья целиком →