Статьи номера | Issue №49

Articles of the journal issue №1 (49) (1st quarter of 2024)

All articles in PDF

Sergey Al. Pravkin. The mechanism for implementing investments in accordance with the goals and objectives of the Transport Strategy of the Russian Federation

UDK: 338.47

Sergey Al. Pravkin - Candidate of Law, associate professor, Russian University of Transport (MIIT)

Abstract. The mechanism for implementing investments in the Russian Federation in accordance with the Transport Strategy of the Russian Federation for the period until 2030 with a forecast for the period until 2035, approved by Decree of the Government of the Russian Federation of November 27, 2021 No. 3363-r, is based on the use of various forms of financing the transport industry, on the use of public, mixed and private investment models using budget investments and such civil contracts as leasing, contracting, agreement on the establishment of an investment partnership, etc. The establishment of special economic zones and financing their development, the development of mechanisms for attracting private investment, the determination of legal regimes for financing targeted government programs and projects, public-private partnerships and concessions are of great importance for the transport industry. The transport industry requires constant legislative, technical and information improvements. The transport development program laid down in the Transport Strategy keeps being constantly supplemented and expanded. The relevance of the current study is in the fact that in 2024 the first stage of the implementation of the Transport Strategy finishes and there is an expectation in a slight reduction in the amount of funding for the activities of the comprehensive plan for modernization and expansion of the main infrastructure compared to the planned level of expenditures. Accordingly, there is a probability of incomplete implementation of part of infrastructure projects planned by 2030. The problem of the study is to find models and sources of financing for the transport infrastructure to fully implement the goals and objectives of the Transport Strategy, to determine which methods of financing will remain, what new methods of financing can be applied to achieve the final goals and an innovative option for the development of the entire transport industry. To solve the problems associated with finding an appropriate financing mechanism in the transport industry, there has been proposed to enter into agreements on the protection and promotion of capital investments to the organizations implementing priority transport projects. The use of tax incentives, special tax regimes, project financing of public-private partnerships and mixed agreements with investment conditions, utilitarian digital rights, and “green” investing significantly increase regulatory regulation when investing in the transport industry. A new approach, proposed to solve problems associated with investing in the transport industry, is a proposal to invest the transport complex based on special digital platforms, using digital financial assets and utilitarian digital rights along with conventional financial instruments. To implement the goals and objectives of the Strategy, there has been conducted a formal legal analysis of changes in the regulatory framework of the transport complex in 2024. There has been studied the progress of the implementation of transport projects, the variety of projects which can be successfully implemented, for which of them it is still necessary to find additional sources and models of financing and adopt the necessary regulatory legal acts based on a risk-based approach, since a big risk in the transport complex is the risk of obsolescence of the regulatory framework that ensures the development of the transport complex and makes the basis for reducing risks and injuries.

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Samir M. Mikailov. On the necessity to introduce the concept of “railway security” into scientific circulation

UDK: 34.07

Samir M. Mikailov - Candidate of Law, associate professor, Kurgan Institute of Railway Transport, branch of the Ural State University of Transport

Abstract. The current paper has presented a scientific analysis of existing approaches to defining types of security related to the railway industry (such as “transport security”, “traffic security in railway transport”, “security of railway transport”, “security of traffic and operation of railway transport”, etc.) and on this basis there has been proposed to consider a new legal category “railway security”. There have been given arguments for the necessity to develop and implement this concept in science by the fact that the definition of this category will create not only a platform for scientific research in this area but will also provide the basis for the development of an effective strategy and policy in the field of railway security. At the same time, defining “railway security” as a type of “transport security”, the author has presented it as a state of protection of railway transport facilities (movable and immovable), its surrounding ecosystem, as well as a staff and passengers from various threats.

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Dmitry Al. Filippov. The Caspian Sea: history of the legal regime formation and development

UDK: 349.6

Dmitry Al. Filippov - Russian University of Transport (MIIT)

Abstract. The current paper has considered the stages of legal regulation of the use of the Caspian Sea by the states belonging to the Caspian basin in various historical periods. There has been conducted a retrospective review of regulatory legal acts regulating relations in the Caspian Sea since the beginning of the twentieth century to the present time. There have been identified the legal consequences of the lack of uniformity of approaches to the legal status of the Caspian Sea for relations regarding the use of its natural resources. There have been considered the prerequisites for various approaches to the legal regime of the Caspian Sea. There has been studied the significance of the development of shipping on the Caspian Sea for the implementation of the goals of the Transport Strategy of the Russian Federation for the period until 2030 with a forecast until 2035. There have been established the key factors influencing changes in the volume of cargo transshipment through the ports of the Caspian Basin.

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Sergey An. Sinitsyn, Pavel P. Kabytov. On the issue of criteria for the unbreakable link among port infrastructure facilities

UDK: 627.09

Sergey An. Sinitsyn - Doctor of Law, professor, Russian Academy of Sciences, chief researcher at the Private Law Center, Institute of Legislation and Comparative Law under the Government of the Russian Federation

Pavel P. Kabytov - Candidate of Law, Institute of Legislation and Comparative Law under the Government of the Russian Federation

Abstract. Transport legislation, as part of the regulation of relations arising among water transport organizations, shippers, consignees, passengers, and other individuals and/or legal entities during shipping, has carried out the legal identification of river and seaports, determined the elements of the property and legal status of ports and property located in ports, and fixed the features of the legal regulation of property relations, the object of which is the property located in the port. These features include the establishment of a special procedure for leasing port property that is federally owned by persons who own port infrastructure facilities that are “unbreakably linked” with the leased property. The current paper, based on a systematic interpretation of legal norms, has identified the content of the category “unbreakable link” in relation to port infrastructure facilities. While examining the current legislation, there has been concluded that there are certain contradictions in it. The paper has also formulated recommendations for public authorities on the interpretation of criteria for the unbreakable link of port infrastructure facilities within the framework of law enforcement activities.

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Hlali Arbia, Vladimir Ev. Chebotarev, Naser Abdel Raheem Al Ali. Autonomous Shipping challenge between Sustainable Value Creation and Cybersecurity Risk

UDK: 656.61

Hlali Arbia - Department of Economics, University of Sfax, Tunisia

Vladimir Ev. Chebotarev - Russian University of Transport (MIIT)

Naser Abdel Raheem Al Ali - Russian University of Transport (MIIT)

Abstract. The integration of autonomous shipping introduces several transformations in the maritime sector, mainly the sustainable value creation. However, this technology adoption provokes some challenges. The purpose of the current paper was to study the complicated balance between two critical aspects of autonomous shipping, such as sustainable value creation and cybersecurity risks. In addition, there has been considered how autonomous shipping creates sustainable value while at the same time establishes a robust cybersecurity system. There have been also studied various advantages created by autonomous ships and underlined the cybersecurity threats, also stated the solution of different challenges. The conclusions have highlighted the importance of autonomous shipping value creation and the necessity of current regulations’ correction.

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Chinar V. Nersesyan. Measures necessary to prevent road transport accidents (on the example of M1 Yerevan-Gyumri-Bavra-Georgia border highway)

UDK: 614.86

Chinar V. Nersesyan - National University of Architecture and Construction of Armenia (Erevan, Armenia)

Abstract. The current paper has presented the study of the traffic safety issues of interstate highways within the borders of settlements. There have been considered the actions defined by the five pillars of road safety encouraged by the United Nations (UN) to all countries, adopted by the RA government’s “National Road Safety Strategy” document. An important preventive measure for ensuring road traffic safety is traffic improvement or road reconstruction measures to eliminate “black spots”, being accident-prone sections of roads. The analysis of the accidents’ causes has shown that there are more accidents in the settlements that have roadside facilities and do not have stopping and parking areas than in those that do not have roadside facilities. The current study has been made on the most accident-prone section of the M1 (Yerevan-Gyumri-Bavra-Georgia border) interstate highway (1.0-6.0 km) passing through settlements. There have been found “black spots”, determined the reasons of the accidents, and developed long-term, medium-term and short-term measures to prevent them. The paper has presented the short-term measures that will contribute to increasing traffic safety.

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Sergey Iv. Leonov. Urgent issues of improving the system of legal measures to protect railway transport facilities from illegal attacks

UDK: 342

Sergey Iv. Leonov - Russian University of Transport (MIIT)

Abstract. The current paper has substantiated the relevance of developing a system of regulatory and other organizational measures in the field of ensuring public safety and security in railway transport. The arguments made by the author are supported by current statistics on crime and accidents in transport. There has been shown multiplicity of cases of crimes committed in transport, highlighted the number of crimes committed in transport using information and telecommunication technologies or in the field of computer information. There has been defined the Concept of Public Safety and Security in the Russian Federation as a necessary organizational basis for the practical implementation of administrative and legal measures to improve the railway transport protection system.

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Vladimir Al. Zhavoronkov. Current problems of forensic examination of vehicle markings

UDK: 343.3/.7

Vladimir Al. Zhavoronkov - Candidate of Law, associate professor, Russian University of Transport (MIIT)

Abstract. The current paper has presented the study of the problems of a forensic examination of vehicle markings that arose because of the withdrawal of vehicle manufacturers in Europe, North America, as well as several Asian countries, such as South Korea and Japan from the Russian market. The difficult situation that has arisen with the provision of information to the process of conducting forensic examinations of this type has occurred because the activities of official representative offices of foreign vehicle manufacturing factories of the above states have been given away on the territory of our country. As a result, the information arrays of these factories, which have recently been actively used in establishing primary (factory) identification markings, have become unavailable. This significantly complicated the examination and research of vehicle markings and reduced the performance of forensic departments (hereinafter referred to as FD) of internal affairs bodies. The variety of vehicles from Chinese manufacturers that have appeared on the Russian market and the establishment of information links with them allows us to assess the situation for the near future as positive with moderate optimism. But for now, the main task is to restore information links with vehicle manufacturing factories from the states that have ceased their activities in Russia. Based on the analysis results of the current situation in this area of forensic activity, there have been identified areas of work that would eliminate the problems that have arisen and would provide information support for the process of forensic examinations and research of vehicle markings in the future.

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Viktor V. Gorovoy, Sergey V. Dubovichenko, Svetlana Yu. Yushenkova. Criminal liability for rendering vehicles and ways of transportation unusable

UDK: 343.346

Viktor V. Gorovoy - Candidate of Law, associate professor, Russian University of Transport (MIIT)

Sergey V. Dubovichenko - Candidate of Law, associate professor, Moscow University of Finance and Law (MUFL)

Svetlana Yu. Yushenkova - Moscow University of Finance and Law (MUFL)

Abstract. Destruction of vehicles and ways of transportation is one of the most dangerous transport crimes, since it can lead to major accidents, the death of many people, significant property damage, and other socially dangerous consequences. Federal Law of December 30, 2020, No. 526-FZ Art. 267 of the Criminal Code of the Russian Federation is set out in a new edition. It was fundamental to change the design of this crime from material to specific danger. Having studied this norm from a retrospective and comparative legal point of view, there has been concluded that the use of a specific hazard composition is justified and necessary to enforce transport security. However, the proposed changes are not free from several shortcomings, both legal-technical and substantive. There has been critically estimated the introduction of a very vague concept of “security threat” to characterize one of the possible consequences of this crime. The inclusion as qualifying signs of careless infliction of light and moderate harm to health does not meet the criteria for differentiation and individualization of criminal liability for transport crimes. There have been also studied the criteria for estimating the threat of socially dangerous consequences and raised the problem of containing the subjective side of the composition of a specific danger.

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Eduard F. Shahnazaryan. The debtor’s vehicle located abroad as a property interest for the claimant in enforcement proceedings: implementation of the principle of rationality

UDK: 347.2/.3

Eduard F. Shahnazaryan - All-Russian State University of Justice (RPA of the Russian Ministry of Justice)

Abstract. The current paper has considered the legally regulated mechanism for searching for a debtor’s vehicle located outside the Russian Federation, both at the stage of consideration of the case in court and after a court decision through the prism of the principle of rationality. At the same time, there has been considered the mechanism for foreclosure on such property. There have been proposed the options for improving the current legislation in terms of searching for the debtor’s property on the territory of a foreign state and foreclosure on it.

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