Статьи номера | Issue №46

Articles of the journal issue №2 (46) (2nd quarter of 2023)

All articles in PDF

Nikolay Al. Dukhno. Transport law and its scientific basis

UDK: 343.346(07)

Nikolay Al. Dukhno - Doctor of Law, professor, Russian University of Transport (MIIT)

Abstract. The current paper has substantiated the necessity to develop transport law on the basis of scientific research on the factors that encourage making new legal norms. They are being developed under the influence of the features of transport relations identified by jurisprudence as a science. A comprehensive and complete scientific study of transport relations can form the theoretical basis for the development of new legal norms. Such norms can ensure the legal order in the field of transport in solving all its problems. Transport law is an integral part of jurisprudence. The expansion of the use of the scientific potential of jurisprudence opens the way to new directions in the study of transport law.

Статья целиком →

Marianna Yu. Filippova. International maritime labor law: formation. Prerequisites for “master’s power” of the captain

UDK: 341.225

Marianna Yu. Filippova - Candidate of Law, associate professor, Russian University of Transport (MIIT)

Abstract. International maritime law is deservedly considered one of the most interesting legal formations. Surrounded by a halo of romance, largely based on legal customs coming from the depths of centuries, bearing the spirit of freedom and sailor brotherhood since ancient times, maritime law, like the boundless sea itself, always leaves space for new discoveries. The current paper deals with the issues of the emergence of legal regulation of the labor of seamen in the early sources of maritime customs. There has been studied the evolution of the relationship between the captain and the ship’s crew. There has been formulated the content of the “master's power” of the captain in relation to the crew and its main features.

Статья целиком →

Anastasiya V. Posadskaya. Substantiation of the imperative conditions of Russian-Swedish cooperation on the search and lifting of the submarine “Som”

UDK: 347.799.62

Anastasiya V. Posadskaya - Naval Academy named after Admiral of the Fleet of the Soviet Union N. G. Kuznetsov

Abstract. Currently, at the bottom of the World Ocean there are thousands of sunken man-made objects of scientific, technical, historical, cultural, or archaeological value. The lists of objects sunk in the sea include many domestic ships and vessels that sank under various circumstances. Among them there is the submarine “Som”, which sank in 1916. The current paper has substantiated the imperative conditions for Russian-Swedish cooperation in the survey and recovery of submarine “Som” based on an analysis of the provisions of the 2001 UNESCO Convention on the Protection of the Underwater Cultural Heritage.

Статья целиком →

Aleksey V. Gubin. Problems of defining the concept and essence of customs procedures

UDK: 339.543

Aleksey V. Gubin - Candidate of Economic Sciences, associate professor, Russian University of Transport (MIIT)

Abstract. The current paper deals with the problems of defining the concept and essence of modern customs procedures. There has been studied the evolution of the concept of the customs procedure. There have been considered the opinions of researchers on the essence and content of this concept. There have been analyzed the problems of using this term in the modern interpretation. There have been studied international aspects of the institution of customs procedures. The concept of customs procedures did not exist in the customs legislation of the USSR. In the first years of the activities of the customs authorities of the Russian Federation, the concept of customs regimes appeared, which was further transformed in the customs legislation of the Customs Union into the concept of customs procedures. Later, this concept was transferred to the customs law of the Eurasian Economic Union. In accordance with the opinion of several authors, it is worth talking about the customs process in the form of using both administrative procedures and their special form ‘customs procedures’. The course of customs procedures in time forms the stages of this process, which enable the declarant to achieve the goal of moving goods. State authorities control and regulate such activities, form the revenues of the federal budget. Most researchers suggest that the essence of the customs procedure is manifested not just as a set of customs law, but as a system of rules for regulating the actions of the sequential arrival and departure of goods to/from the territory of the Eurasian Economic Union. In this regard, it is important to define the boundaries and essence of this concept. In addition, the evolution of this term must be considered in the context of international legal acts.

Статья целиком →

Andrey G. Bebenov. Modern international legal regime of the Arctic

UDK: 332.1/98

Andrey G. Bebenov - Federal State Unitary Enterprise “Atomflot”

Abstract. The current paper has presented the study of the international legal regime of the Arctic. There has been noted that at the present stage of development there are five Arctic states that have certain rights in relation to this territory, but the current legal framework does not allow speaking about the certainty of its international legal status. Thus, there has been drawn a special attention to the fact that today there is no international treaty that would define the international legal regime of the Arctic. In this regard, there has been concluded that this situation gives rise to various problems and contradictions associated with the definition of territories belonging to a particular country. There has been given a positive experience of Antarctica since its legal regime is currently properly regulated. In addition, the paper has suggested directions for improving the legislation of the Russian Federation in terms of establishing the legal regime of the Arctic, since it is hardly possible to call the legal norms in this area perfect. As a result of the study, there has been concluded that the systematic improvement of the legislative framework and the contribution to the fulfilling of this activity of all Arctic and other states is an objective necessity.

Статья целиком →

Evgeniy Al. Nesterov, Viktor Ya. Tsvetkov. Information communication risks of digital development

UDK: 658.7:004

Evgeniy Al. Nesterov - Candidate of Law, Russian University of Transport (MIIT)

Viktor Ya. Tsvetkov - Doctor of Technical Sciences, professor, Russian University of Transport (MIIT)

Abstract. Reliable communication exchange is the basis for the functioning and development of the transport sector. Many transport systems are exposed to risks in the course of their operation and therefore need a risk taxonomy. The taxonomy of communication risks makes it possible to reduce them and improve security systems. Digital development, digital transformation of society and the digital economy, along with the benefits, create conditions for the emergence of new digital risks. Risks exist objectively and are created by men. The main reason for human risk lies in the information uncertainty that exists in decision making. The study of the taxonomy of risks allows forming measures to reduce risks and prevent risk conditions. The current paper has presented an analysis of risks in the field of information communications that take place in the transport industry. Digitalization reduces a number of risks. But at the same time, it creates additional risks, which increases the threat to information security.

Статья целиком →

Vladislav An. Shvedchenko. Crimes committed using a wheeled highly automated vehicle as a threat to transport security

UDK: 343.3/.7

Vladislav An. Shvedchenko - Russian University of Transport (MIIT)

Abstract. Scientific and technological progress is currently developing rapidly. One of the promising areas is the development of highly automated vehicles. Currently, highly automated vehicles are already becoming a reality, experiments are being carried out on the use of these vehicles on roads, in air, water, and space. The development of technologies can give new opportunities, and new issues also arise for the regulation of this field of activity. The current paper is devoted to social relations arising from the use of highly automated wheeled vehicles. It provides an overview of the regulations governing the use of highly automated vehicles, as well as research papers on the issue. Based on the above analysis of the scientific literature, existing documents, there has been proposed to amend the criminal legislation.

Статья целиком →

Viktor M. Koryakin. Countering sabotage activities at transport infrastructure facilities as an integral part of transport security enforcement

UDK: 356.168

Viktor M. Koryakin - Doctor of Law, professor, Russian University of Transport (MIIT)

Abstract. The current paper deals with theoretical and practical issues of legal support for anti-sabotage activities at transport infrastructure facilities. There has been shown that the fight against sabotage in transport is a relatively independent area of activity to enforce transport security. There have been analyzed similarities and differences between the concepts of “terrorism” (“terrorist act”) and “sabotage” (“sabotage act”). There has been made an analysis of some provisions of the legislation on transport security and proposals for its improvement.

Статья целиком →

Stanislav V. Bazhanov, Andrey Ar. Malakhov. The initiation of criminal cases and the performance of urgent investigative actions by the captains of sea and river vessels on a long navigation

UDK: 343.136

Stanislav V. Bazhanov - Doctor of Law, professor, academician of the Petrovsky Academy of Sciences and Arts, retired colonel of justice

Andrey Ar. Malakhov - associate professor of the department of criminal law disciplines, Russian Academy of National Economy and Public Administration under the President of the Russian Federation (a branch in Vladimir), retired police colonel

Abstract. The current paper has presented the study of certain issues related to the legal status of the captains of sea and river vessels on long-distance voyages in the criminal process of the Russian Federation. The attention of the reading audience has been focused on their powers (as bodies of inquiry) associated with the initiation of criminal cases and the implementation of urgent investigative actions. There has been proved that the current version of Art. 40 of the Code of Criminal Procedure of the Russian Federation is not correct and causes fundamental rejection. It is to be finalized as soon as possible by Russian parliamentarians in order to ensure effective public and personal security of personnel and passengers of sea and river transport in (long-distance) navigation.

Статья целиком →

Timur An. Tukhvatullin, Elena S. Kondratova. Legal regulation of the operation of highly automated vehicles in the Russian Federation: problems and prospects

UDK: 347.4

Timur An. Tukhvatullin - Candidate in Law, head of the department of legal support of the compliance department of ANO “Moscow Directorate of Transport Services”

Elena S. Kondratova - main specialist of the department of legal support of the compliance department of ANO “Moscow Directorate of Transport Services”

Abstract. In the conditions of large-scale spread of modern technologies in transport, which determine the relevance of the issue, there has been conducted a comparative legal study of international and national regulatory legal acts, as well as their projects regulating relations in the field of regulating the operation of highly automated (unmanned) vehicles. There have been considered the problems of legal regulation of the use and operation of unmanned vehicles in traffic conditions. The bills on regulating the operation of unmanned vehicles submitted to the Russian parliament have not acquired the status of existing regulatory legal acts. Unmanned vehicles are currently used on the basis of by-laws exclusively in the conditions of an experiment conducted on the territory of individual constituent entities of the Russian Federation without the release of such vehicles on public roads. By the time the experiment on the operation of highly automated vehicles is completed, it will be necessary to regulate legally all issues related to the operation of such vehicles with the simultaneous integration of their regulations with the norms of the current legislation in the field of transport and road safety, as well as legislation on experimental legal regimes in the field of digital innovations regulated by a special law. Taking into account one of the main problems of Russian legislation regulating the operation of unmanned vehicles, which does not allow the movement of a vehicle on public roads without a driver, there has been determined the need to amend the Traffic Rules. In this regard, there has been proposed to synchronize the Traffic Rules with the provisions of the 1968 Convention on Traffic Rules.

Статья целиком →