Статьи номера | Issue №44

Articles of the journal issue №4 (44) (4th quarter of 2022)

All articles in PDF

Sergey F. Legusha. Cyber problems in water transport concerning the efforts of the main players in the maritime industry and classification societies on the example of the Russian Maritime Shipping Register

UDK: 004.75:681.5:656.62(571.1.6)

Sergey F. Legusha - Association of International Maritime Law

Abstract. The amount of data in the modern world is constantly growing. Over the past ten years the amount of stored information has increased by more than 50 times. The value of information and the ability to manage it and its holders, which previously played a key role in business, industry, and other areas, has increased many times, especially considering the rapid development of information technology. Cybersecurity, being one of the branches of information security, includes, among other things, the protection of data of companies and organizations in any industry including a maritime industry. Leaks of information and its unpredictable change, loss of business process control because of external and internal cyber-attacks bring companies both direct financial losses and deferred ones, threatening reputational losses, unpredictable malfunctions, loss of confidential information and other assets of fundamental importance. The current paper has presented the discussion of the issues of strengthening cybersecurity in the shipping industry and the contribution of the main market players to their development.

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Aleksey M. Zaikov. Modern concerns of legal regulation of preventing pollution from ships

UDK: 347.79:629.12.03

Aleksey M. Zaikov - Federal State Unitary Enterprise “Atomflot”

Abstract. The current paper has presented a chronological review of the development of the system of international legal regulation of the prevention of marine pollution from ships. The problems in this area historically arose and aggravated in different periods of the shipping development. There have been identified the key aspects of the Russian legal regulation of preventing pollution from ships, highlighted the urgent problems of preventing pollution of various natural environments from ships, and outlined the ways to solve them in the future, including within the framework of international rule-making cooperation.

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Sergey An. Gandzioshin. Probative force of a Bill of Lading: possible ways to improve legislation

UDK: 347.795

Sergey An. Gandzioshin - Department of State Policy in the Field of Maritime and Inland Water Transport of the Ministry of Transport of the Russian Federation

Abstract. Cargo shipping is the most important component of world trade. Proper processing of cargo shipping documents allows ensuring the prompt and safe implementation of cargo turnover, reduce the risks of imposing penalties and litigation between carriers, shippers, and consignees. Bill of Lading has been used in maritime trade for more than one century, but due to the change in many forms of interaction between the subjects of international trade, the introduction of modern technologies in the document management process, there is a need for further development and improvement of the rules for processing and using this document. The current paper has presented the discussion of possible promising areas for improving the use of a Bill of Lading.

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Lyudmila M. Maleshina, Irina Iv. Shatskaya. Transport and logistics industry: main challenges and trends of digital development

UDK: 658.7:004

Lyudmila M. Maleshina - Candidate of Technical Sciences, associate professor, Russian University of Transport

Irina Iv. Shatskaya - Candidate of Economic Sciences, associate professor, Russian University of Transport

Abstract. Reliable supply chains are the basis of the sustainable development of the logistics industry, but because of the prolonged pandemic, labor shortages, increased computer attacks and other problems, they have been repeatedly violated. The digital transformation of companies in the transport and logistics industry is a business imperative that allows improving the entire cycle of logistics processes. The current paper has presented the analysis of five-year reports from Rosstat on the use of digital technologies by Russian organizations, including those providing services on the economic activity “Transportation and storage”. The study of the current state of the industry has made it possible to highlight the positive and negative aspects of the digitalization of logistics processes. There has been determined that the introduction of new digital technologies for supply chain management provides such benefits as improved productivity, optimized delivery times, increased business profitability, but at the same time raises information security threats.

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Sergey Iv. Leonov. Legal basis for the use of technical means and information technologies in order to ensure public safety at railway transport

UDK: 342.924

Sergey Iv. Leonov - LLC “RZD-Technologies”

Abstract. The current paper has presented the analysis of the main sources of law, the subjects of administrative regulation of the use of technical means and information technologies to ensure public safety at railway transport. There have been identified the branches and institutions of law, the norms of which regulate the studied social relations. There has been proposed an author’s systematization of normative legal acts regulating similar and related areas of public relations related to ensuring public safety at railway transport.

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Maksim V. Lavrukhin. The use of artificial intelligence in countering terrorism and optimization of transport security requirements for road facilities

UDK: 323.28

Maksim V. Lavrukhin - JSC “Arktikmorneftegazrazvedka”

Abstract. Artificial intelligence is able and already having an impact on our society, from healthcare, agriculture and industry to financial services and education. But these technologies are not without risk, and some of them cause anxiety and even fear. They can be used for malicious purposes or have unintended negative consequences. Artificial intelligence embodies this duality, perhaps more than any other emerging technology today. While it can improve many sectors, it can also hinder the implementation of human rights and fundamental freedoms, in particular the rights to privacy, freedom of thought and expression. Thus, any use of AI-based technologies must always be accompanied by measures to prevent potential violations of human rights. The current paper has considered the urgent issues of introducing artificial intelligence to counter terrorism in transport and the great potential for their solution.

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Aleksey An. Maksurov. Investigation of water transport accidents: history and modernity

UDK: 656.62.052

Aleksey An. Maksurov - Candidate of Law, P.G. Demidov Yaroslavl State University

Abstract. The current paper has described the features of the investigation of water transport accidents. The historical and legal approach applied by the author makes it possible to evaluate the possibility of returning to pre-existing forms of water accidents’ investigation. The history of the regulation of the investigation has been shown in the connection with the modern understanding of this type of legal activity. Based on the study results, there has been made a conclusion about the complexity of the category “investigation of water transport accidents” and its irreducibility to a single order and procedure because of the specificity of the types of water transport accidents, the amount of damage and the type of violated social relations. There have been described the activities of the coordinating body in this area, namely the commissions for the investigation of water transport accidents. The current paper has also drawn attention to the possibility of an expert study of the circumstances of the accident in order to obtain objective knowledge about its causes and mechanism.

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Viktor V. Koryakin., Evgeny Al. Nesterov. Legal, theoretical and methodological basis for the application of a risk-based approach to the state transport control (supervision)

UDK: 342.951:656

Viktor V. Koryakin - Doctor of Law, professor, Russian University of Transport

Evgeny Al. Nesterov - Candidate of Law, the head of the Law Institute of the Russian University of Transport

Abstract. The current paper has considered the essence and content of the risk-based method of transport control and supervision. There have been presented various points of view on this method of state control (supervision), its advantages and disadvantages. There has been given a scientific and practical commentary on legislative and by-laws regulating transport control and supervision. There has been substantiated that the widespread introduction of the risk-based method will significantly improve the efficiency of control and supervision activities in the field of transport.

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Aigozel S. Bailieva. The study of legislative and institutional barriers to the development of life cycle contracts in the road sector

UDK: 351.811

Aigozel S. Bailieva - Russian Road Scientific-Research Institute (FAI “ROSDORNII”)

Abstract. The issues of developing an object as a result of the work and its subsequent maintenance with subsequent recycling (if necessary) have always been an important area in the transport industry. The supreme bodies of state power of the Russian Federation are constantly in search of new tools to improve the quality and reduce the total cost of work that can ensure the achievement of goals and objectives in the most important areas of development of the state. One of the ways to solve this problem is to implement a life cycle contract. The practice of introducing life cycle contracts is becoming increasingly relevant, taking into account the specifics of transport industry development in the Russian Federation and the problems arising during the operation of roads and artificial road structures caused by shortcomings in the construction and reconstruction of these facilities. Taking responsibility for all elements of the cost of developing a facility and its further maintenance, a single contractor reduces operational risks and the amount of work. A long-term contract with fixed payments simplifies the planning of the exploitation budget by a customer, and a contractor replaces investments and fixed costs with variable costs, which reduces his risks. At the same time, an analysis of law enforcement practice available in some sources has shown a low level of readiness of subjects to sign such contracts due to the insufficient level of legislative development, which requires a more comprehensive and rational approach to this issue. The current paper has presented the estimation of the main institutional and legislative obstacles, barriers that prevent signing and executing life cycle contracts in the transport industry. There have been made proposals to eliminate gaps in the law.

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Petr N. Kotkin, Artem An. Zadorozhny. Certain aspects of improving anti-terrorist security at transport infrastructure facilities

UDK: 343.341.1/342.3:656

Petr N. Kotkin - Candidate of Law, professor, Institute of International Trade and Law

Artem An. Zadorozhny - Lomonosov Moscow State University

Abstract. The current paper has discussed certain aspects of the use of technical and forensic tools in relation to transport infrastructure facilities, analyzed the practice of purchasing such tools, including with the aim of improving anti-terrorist security of transport infrastructure facilities. In addition, there have been proposed specific changes to the current legislation and refinement of the technical and forensic tool (patented by the authors) to improve anti-terrorist protection of such objects. The authors believe that the proposals are more relevant than ever taking into account the recent sabotage and terrorist attacks on transport infrastructure facilities.

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