Статьи номера | Issue №40

Articles of the journal issue №4 (40) (4th quarter of 2021)

All articles in PDF

Valeriy K. Tsechoev. Liberalization of public relations and organizational and legal improvement of the Soviet courts, militia and justice in the 1953―1960s

UDK: 342.56(091)

Valeriy K. Tsechoev - Doctor of Law, professor of the faculty of economics, management and law of the Rostov state transport university (RSTU)

Abstract. The current paper has considered the improvement of the work and reform of the Soviet courts, militia, including transport, justice, in the 1953-1960s. Attention has been focused on the organizational and legal foundations of the Soviet law enforcement system in connection with changes in the judicial system and in the bodies and institutions of justice.

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Sergey V. Sekushin. Retrospective review of the development of legal regimes of railway property and modern regulation in Russia

UDK: 656.2

Sergey V. Sekushin - Deputy CEO of the Joint-Stock Company “Institute of Transport Economics and Development”

Abstract. The current paper has article provided a retrospective historical analysis of public relations governing the ownership of railways in Russia and abroad. There has been made a comparative review of the entire spectrum of possible legal regimes for the use of public railway infrastructure facilities in modern Russia (using the examples of JSC “Russian Railways”, Joint Stock Company “Railways of Yakutia”, “Yamal Railway Company”, etc.), including projects of new lines developed on the basis of public-private partnership.

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Yuriy Al. Tarasenko. The beginning of legal regulation of transportation in Russia

UDK: 347.463

Yuriy Al. Tarasenko - Candidate of Law, associate professor of the department ‘Civil law, international private law and civil procedure’ of the Law Institute of the Russian University of Transport

Abstract. The relations on the cargo (goods) transportation originated in ancient Russia. However, the transportation of this period was characterized by the fact that the owner of the cargo was at the same time the carrier. As a result, the rules governing transportation as a separate type of obligation were not formed. This situation was maintained throughout the entire specific period of Russia (XII ― XIV centuries) and the Moscow centralized state (XV ― XVII centuries). At that time the norms of the law did not concern transportation issues. For the first time, legal regulation of transportation, as a relationship between the owner of the cargo and the owner of the ship, appeared in the 18th century. Having no domestic origins, the normative regulation of transportation was entirely borrowed from abroad. The model for Russian acts in the field of transportation was at first the norms of Dutch and partly German legislation, and later French. This situation continued until the first half of the 19th century, when the Commercial Charter was adopted, which contained the starting points of transportation and the charters of the first companies engaged in transportation.

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Yury Iv. Petrov. The results of transformations in the control system of communication routes under the reign of Alexander I

UDK: 656.2:94(47)

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. Based on the analysis of legal acts adopted during the reign of Emperors Paul I and Alexander I, the current paper has traced the course of measures aimed at transforming the transport industry at the end of the 18th - first quarter of the 19th century. The analysis has shown that the serious steps of the governing of Alexander I were preceded by the measures of his father Paul I, which created the preconditions for improving transport legislation, which raised the transport industry to a new level that it had never reached before. The paper has considered the legal acts that formed the basis for the development of such new institutions as the Office of Water and Land Communications, the Corps of Railway Engineers and the educational institution of the Institute of the Corps of Railway Engineers, which solved serious practical matters, primarily in the field of sea communication routes.

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Nikolay Al. Dukhno, Viktoriya N. Samokhina. The ideologist of establishing a new type of transport university

UDK: 347.4(075.32)

Nikolay Al. Dukhno - Doctor of Law, professor, advisor to the administration of the Russian University of Transport

Viktoriya N. Samokhina - assistant of the advisor to the administration of the Russian University of Transport

Abstract. The study of the development of transport universities contributes to the restoration of a complete and comprehensive picture of the development of transport education as the main means of educating transport workers. When getting acquainted with the origins of establishing the Moscow Engineering School, the first predecessor on the long and eventful path of the formation of the Russian University of Transport, there have emerged a lot of new facts. The establishment of the Moscow Engineering School in 1896 marked the beginning of the crystallization of a new methodology for training engineers. The great scientist and teacher Nikolai Pavlovich Petrov became the founder, scientific ideologist of this method of training railway engineers. His ideas, deeply imbued with scientific thought, became the basis of a new methodology for teaching future engineers that had not been used in Russian universities before. He also prepared a training program for engineers. The new methodology included enhanced theoretical teaching while reducing classroom time; determination of criteria indicating how much and what theory should be included in the educational process for the formation of engineering knowledge; requirements for teachers of engineering sciences; identifying ways of practical training in the training of engineers. N.P. Petrov became an ideologist, the founder of the concept of establishing a new transport university. The study of the scientific heritage of N.P. Petrov should be included in the educational process of training transport engineers, developing in everyone the ability for engineering thinking and interest in engineering knowledge.

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Nataliya V. Mamitova. Legal examination of regulatory legal acts for security threats: theoretical and legal aspect

UDK: 614.8(075.8)

Nataliya V. Mamitova - Doctor of Law, professor, professor of the department of the government studies of the Institute of Civil Service and Management of the Russian Presidential Academy of National Economy and Public Administration (RANEPA)

Abstract. The current paper has considered legal examination as a tool that plays a significant role in enforcing national security, the study of the problems of which at the present stage of development of legal science is of great importance. Legal examination in Russia makes it possible, among other things, to identify threats to national security in general and its individual types in particular. Expansion of legal examination to individual objects of national security seems to be a matter of the nearest future, taking into account the growth in the number of challenges and threats in the modern world. First of all, it concerns information and food security. In the current study there has been used the concept of ‘legal security’; there have been analyzed various views on this phenomenon. There has been made a conclusion that the optimal approach would be, on the one hand, the use of law in security science as an independent object of national security, and on the other, the understanding of legal security as the protection of the law itself in the state from the arbitrariness of the authorities of all branches and levels or individual representatives of the authorities, i.e. there has been proposed some narrowing of the content of the concept ‘legal security’ in comparison with the understanding of this security object by some scientists. There has been analyzed the efficiency of anti-corruption expertise as a type of legal examination, which, contrary to presence in normative legal acts of norms that contribute to corruption, also plays a significant role in enforcing security of an individual, society and the state. There has been concluded that legal examination should be mandatory, regardless of the state of the law.

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Kirill V. Alekseev. Russian language as an object of national security of the Russian Federation

UDK: 372.882

Kirill V. Alekseev - Candidate of Philological Sciences, docent, dean of the faculty of Russian philology and national culture of the Ryazan State University named for S. Yesenin

Abstract. The current paper has presented the analysis of the Russian language as an object of national security of the Russian Federation, the specific features of which, first of all, is that it is simultaneously included in the system of ensuring all three fundamental security objects, such as personal security, public security and state security. There have been briefly described the threats associated with the current state of the official language of Russia, which, in particular, include the unjustified use of foreign language vocabulary; the use of the Latin alphabet in the names of various commercial organizations and enterprises, or a mixture of the Latin and Cyrillic alphabet, which is not controlled by anyone and is not motivated by anything, except for attracting attention; a huge number of English borrowings used primarily on the Internet; declining literacy and professional competence of state and municipal employees; spelling in normative legal acts that differs from normative; lack of legal regulation of publishing, etc. There has been presented a laconic analysis of the National Security Strategy of the Russian Federation 2021, including its comparison with the National Security Strategy of 2015. There has been shown that, in general, despite some shortcomings, the Strategy of 2021 opens up serious prospects for serious changes in the field of protection and support of the official language of the Russian Federation. There has been made a general conclusion that the Russian language as the official language is a specific object of the national security of Russia. It can be classified as a universal object of national security, personal security and public security (moreover, all three at the same time). The official language of Russia acts as a kind of guarantor of other objects of this triad, for example, territorial integrity in the field of national security or spiritual and material value in the field of public security.

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Olga N. Ordina. Acts of foreign delegated legislation regulating the field of transport activities (Westminster model)

UDK: 342.92

Olga N. Ordina - Candidate of Law, associate professor of the department 'Economic Theory and Management' of the Russian University of Transport, associate professor of the department ‘Theory and History of State and Law’ of the Moscow S.U. Witte University

Abstract. In order to identify the legal nature, the current paper has presented the analysis of the most significant sources of transport law in foreign countries, which are regulatory legal acts issued (adopted) by the executive authorities in the manner of delegating part of their powers by the legislative authorities and having the power of law. In order to implement delegated legislation, the Parliament must issue a special act that grants delegated powers to the administration. The delegated legislation may even contain constitutional norms. The paper has also analyzed in detail the acts of delegated transport legislation in the countries of the Anglo-Saxon legal system. The author has noted that there are used such norms in foreign literature to denote the concept of delegated legislation as ‘government legislation’, ‘administrative legislation’, ‘presidential legislation’, ‘legislation of executive branch’, ‘decree law’, etc. Delegated legislation as an independent institution was formed and formalized at the turn of the 19th and 20th centuries. The reasons for the emergence of this phenomenon were both the growing necessity of administrative and legal regulation of foreign countries, and the concentration of all state power in the hands of the executive authorities and the public administration subordinated to it. The author believes that the experience of Western countries in making delegated legislation regulating the field of transport activities is of great relevance for modern Russia.

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Sergey A. Pravkin, Vera V. Smirnova. Information technology in the transport sector: legal aspect

UDK: 004.89:656

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 digital transformation of transportation is a consequence of the implementation of transportation into a digital format. Electronic methods of signing a transport contract are of great urgency. The current paper has established that a variety of digital contracts promote rapid development of the transportation market. Information technologies, which are the subject of the contract, are of great importance in the field of transportation. In addition, an important point is to obtain an affordable transport service using information services. Therefore, such services should be developed in transport. The authors of the current paper have concluded that it is necessary to create a new unified operating system for transport management by means of digital technologies and ensure its legal regulation.

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Viktor Iv. Ivakin. Legal regime of railway transport lands as an object of natural environment

UDK: 349.6:656.2

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 urgency of the current paper is expressed in the fact that it is one of the few research works in the history of Russian jurisprudence, which is directly devoted to the legal protection of railway transport lands as a natural resource. Prior to this, the lands of the analyzed type were considered in the overwhelming majority of cases as objects of ownership and as an object of economic activity. There has been analyzed the legislation, including laws, orders, regulations, and other acts. There has been identified the imperfection of the legislative technique and legal terminology. There have been made the corresponding conclusions and proposals.

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