Статьи номера | Issue №37

Articles of the journal issue №1 (37) (1st quarter of 2021)

All articles in PDF

Ekaterina S. Zalozhnykh. The history of the development of advertising activity and its legal regulation in Russia

UDK: 659.1

Ekaterina S. Zalozhnykh - post graduate 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 history of the development of advertising activity (including its use in transport), starting from the moment of its appearance in Russia in the X-XI centuries to the present day. There has been considered not only the modification of advertising activity, but also the historical transformation of its legal regulation. There have been also considered the main regulatory legal acts adopted and abolished during the rapid development of advertising activities in 1980-1990, which were based on international legal regulation standards and western experience, which was of great importance in the conditions at that time. Among other things, the paper has paid attention to the main authorized bodies that are regulating this activity at the moment, and their main functions.

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Maksim P. Tishakov. Selected aspects of legal regulation and organization of road traffic safety in the 1950s

UDK: 351.811:656.13(477)

Maksim P. Tishakov - Candidate of Law, lecturer of the Rostov Institute (branch) of the All-Russian State University of Justice (RPA of the Russian Ministry of Justice)

Abstract. On the basis of a detailed scientific analysis of little-known archival documents and materials, specialized literature, publications of periodicals, there have been established the features and processes of legal regulation and organization of road traffic safety in the middle of the last century. In a retrospective aspect, using the example of Soviet Ukraine, the author of the current paper has analyzed certain areas of activity of the authorities in countering road traffic injuries, increasing the efficiency of road transport, organizing traffic, and training the staff of drivers. The absence of a unified, comprehensive national strategy in the field of road traffic safety made the republican executive and administrative authorities in the 1950s, in the conditions of intensive motorization, actively look for the most optimal means of legal influence on the heads of motor enterprises and road traffic users in order to combat with road traffic accidents. The organizational and legal experience of the activities of executive authorities in ensuring road traffic safety, studied historically and legally, does not lose its relevance in modern conditions, and can be applied at present to achieve zero mortality on the roads, preserve the life and health of all road traffic participants.

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Yuriy Iv. Petrov. The improvement of railway concessions in Russia in the second half of the XIX th century

UDK: 625.1(09)

Yuriy Iv. Petrov - Candidate of Historical 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. The current paper has examined the government's steps to improve the rules for granting concessions to joint stock companies for the railway construction in Russia in the second half of the XIXth century. Miscalculations in the granting of the first concessions in the early 1860s prompted the government to develop new conditions for their grant, including elements of competition. The paper has noted that even with the limitations of new measures there were achieved certain positive results due to the first minister of railways P. P. Melnikov. When the earl V.A. Bobrinsky was appointed as the Minister of Railways in 1870, he introduced the new concession rules, the analysis of which showed that lack of competition in the provision of concessions and empowering the Minister of Railways has led to a new wave of concessionaires abuse, resulted in the introduction of new rules in 1873.

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Olga N. Skuybedina, Olga V. Kobzeva, Anastasiya E. Sobalevskaya. The main stages in the development of transport legal regulation in Russia, Great Britain and France and their interaction

UDK: 341.9:347.463

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

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

Anastasiya E. Sobalevskaya - assistant of the President of the Association of manufactures and exporters of domestic sports goods and equipment (AMEDSGE)

Abstract. The current paper has presented the analysis of the formation of legal regulation of public relations that emerged in the field of transport. The paper has considered the gradual development of these transport relations from the period of Ancient Russia to the present day. There were identified the reasons for the formation of Russian transport law, as a set of norms of different branches of law, regulating a wide range of activities of different types of transport. On the example of English and French law and its comparison with the practice of domestic legal regulation of transport relations, there has been drawn a parallel between these processes and there has been established a number of common features.

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Vitaliy An. Maltsev. Features of insuring vehicles and civil liability of their owners in the African countries

UDK: 349.3:368

Vitaliy An. Maltsev - Candidate of Law, docent, head of the department of administrative, financial and international law of the Academy of Labour and Social Relations

Abstract. The current paper has examined the legal aspects of vehicle insurance and civil liability of their owners in the countries of the African continent. There has been established a significant development of transport insurance in many African countries, caused not only by economic growth, the expansion of foreign trade relations, the construction of new highways, an increase in railway communications, but also by the problems existing in the operation of vehicles. There have been indicated features of the system of legal regulation of insurance in the African countries, including both general interstate and regional agreements. There has been given characteristics of the main international agreements in the field of insurance on the African continent. The paper has also examined the basic principles of insurance enshrined in them, including those concerning vehicle insurance and compulsory civil liability insurance of their owners. There have been analyzed certain provisions of the Code of insurance activity, which is valid as an appendix to an international agreement, where there are written the general requirements for the insurance organization, the main directions of the development of insurance and measures of responsibility for violations of its provisions. There have been studied the norms of national acts of a number of African states regulating the types of transport insurance and the peculiarities of legal relations arising in the implementation of voluntary and compulsory vehicle insurance, as well as compulsory insurance of civil liability of their owners. There have been determined general features of the legislation in relation to these types of insurance, as well as specific features for individual African countries. There have been briefly analyzed legal norms establishing responsibility for violations of insurance legislation. There has been given characteristics of the structure and state of national markets for the specified types of insurance. There have been considered some general problems that exist in the legal regulation of transport insurance in the African countries.

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Viktor Iv. Ivakin. Ecoterrorism, transport and legal protection of the natural environment

UDK: 656.13:628.5(076.5)

Viktor Iv. Ivakin - Candidate of Law, associate professor department ‘Administrative law, ecological law, information law’ of the Law Institute of the Russian University of Transport

Abstract. In the criminal legislation of many world countries there are norms that envisage sanctions for terrorism. However, there are no norms establishing liability as environmental terrorism. This phenomenon is a set of actions of radicals who are fighting for the idea of providing animals with appropriate rights, and also oppose the exploitation of fauna species. Moreover, these persons in such cases can use violence against citizens, and the designated norm is very necessary. The current paper has analyzed such a phenomenon as environmental terrorism using various types of transport. On the examples there have been considered its varieties, including ecocide and ecotage. Also, there have been made the relevant proposals aimed at the effectiveness of the functioning of legal norms in the area of regulation of public relations.

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Elena V. Sandyreva. Some issues of outsourcing application in transport logistics in the context of the coronavirus pandemic

UDK: 338.46:35(476)

Elena V. Sandyreva - post graduate of the Law Institute of the Russian University of Transport

Abstract. The current paper has considered of the application of the outsourcing mechanism in the field of transport logistics in the context of the economic crisis caused by the coronavirus pandemic. There have been shown the main trends in the development of transport logistics, new phenomena that have appeared in this area as a result of the pandemic. There has been given a predictive assessment of the further development of outsourcing relations in the transport sector. There has been proved that this form of economic activity will retain its importance for the future and will contribute to the increase in the efficiency of transport logistics.

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Sergey A. Pravkin, Vera V. Smirnova. Organizational and legal environment for real estate management and improvement of investment activities of the open joint stock company “Russian Railways”

UDK: 338.47:656.2

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

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

Abstract. The current paper has analyzed the organizational and legal foundations of property management and transactions with the holding's real estate. The open joint stock company (JSC) “Russian Railways” completed the transition to a vertically-oriented management in accordance with the types of activities and the transition from horizontal management based on the territorial principle to the management of such business units as logistics, infrastructure, passenger traffic, freight traffic, etc. For this purpose, there were created directorates in accordance with the types of activities. These types of activities (management branches) included certain areas of business, which were facilitated by measures for the implementation of corporate building and organizational development. Real estate management is also carried out in the respective divisions vertically with the distribution of competence. There are applied uniform principles of property accounting and control of the parent company over subsidiaries at all levels. Directions in the use of real estate of the JSC “Russian Railways” have been outlined in the Functional Real Estate Management Strategy of the Russian Railways Holding No. 1357R issued on June 29, 2012, in accordance with which an effective real estate management model should be created. Much has already been done. However, there are still unresolved problems in the field of real estate management in the JSC “Russian Railways”. First of all, they are associated with the current deterioration of individual infrastructure facilities, including real estate being on the balance of the holding. In order to ensure a balance of interests of the state, private shareholders, the mechanism of public-private partnership, as well as other models of foreign investment in real estate, did not find proper application in comparison with foreign countries. The current study has analyzed the policy documents, the activities of the holding, corporate legal framework in decision-making. There have been made individual proposals to improve the organizational and legal environment for managing the company's property, including those related to the development of public-private partnerships.

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Ekaterina Iv. Kobzeva, Mikhail V. Morgunov, Aleksandr V. Romanov. Accessible environment for people with limited mobility on the example of transport in Moscow and its districts (theoretical and legal aspect)

UDK: 656.1

Ekaterina Iv. Kobzeva - Candidate of Law, associate professor of the department ‘Theory of law, history of law and international law’ of the Law Institute of the Russian University of Transport

Mikhail V. Morgunov - assistant judge, judicial section of the magistrate No. 290 of the Perovo district

Aleksandr V. Romanov - lawyer of the Transport company "Byte Transit Continent"

Abstract. The purpose of the current paper was to consider topical issues related to the development of an accessible environment for people with disabilities and people with limited mobility. The paper has examined and analyzed statistics, regulations and changes in them, the pros and cons of government measures. The authors have revealed the relationship between the concepts of "a disabled person" and "a person with limited mobility". The consideration of problematic issues has not been limited only by theory or legislation. There have been also provided concrete examples of how to create an accessible environment in all its variety. There has been made a particular emphasis on the analysis of the results of the implementation of the "Accessible Environment" program, which is being implemented at all levels of government and administration. There has been analyzed suburban railway transport. There has been also considered foreign experience where the emphasis was made on the technological component. Taking into account all these aspects, the authors have set the task of developing effective measures to eliminate gaps and deficiencies in legislation, and the experience of other states should be borrowed taking into account local specifics.

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Aleksandra M. Lobanova. Systemic problems of cross-border exchange of electronic transport documents in the context of digitalization

UDK: 004:334.021:341.24:656

Aleksandra M. Lobanova - Candidate of Economic Sciences, docent, associate professor of the department ‘Informational technologies in jurisprudence and management documentation’ of the Law Institute of the Russian University of Transport

Abstract. The digital transformation of economic sectors creates both completely new challenges and new requirements for existing practices and agreements, and this directly concerns transport and accompanying documents in the activities of Russian transport and logistics, such as invoices (bill of lading), certificates for international road freights and others. Taking into account the acute urgency of organizing cross-border electronic exchange of legally significant transport documents, the current paper has presented the analysis of the mechanism for ensuring the legal significance and power of a document in the cross-border exchange of paper documents, since it has already been formed and now works in cross-border international cooperation. The formed organizational and technological mechanisms, based on information and communication technologies, must maintain the same level of legal power and significance of an electronic document, which is already inherent in a paper document. The paper has systematized the organizational and technological mechanisms for the exchange of electronic transport and shipping documents, such as the unification of format requirements, including an international bill of lading, communication systems to support the exchange of electronic documents, electronic signature of documents, cross-border space of trust, inclusion in the mechanism of a trusted third party and the formation of infrastructure of trusted third parties, mechanisms for ensuring the interoperability of systems, the use of the capabilities of services of digital platforms. These mechanisms have various degrees of approximation to the level of ensuring the legal significance and strength of a paper document, as well as restrictions, and they operate either at the regional or at the narrow industry level. The presented study results made it possible to formulate the questions that should be answered to ensure the cross-border exchange of electronic documents of legal significance.

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