UDK: 347.763

Victoria Ed. Golenko - Problems of legal support for sustainable development and security of road transport in the Donetsk People’s Republic

Abstract. The current paper is devoted to the study of the problems of the legal framework for sustainable development and security of road transport in the Donetsk People’s Republic. There has been characterized road transport as part of the transport system, particularly in the Donetsk People’s Republic as a constituent entity of the Russian Federation. There have been presented its components, operating principles, and share of passenger and freight traffic, as well as the importance of road transport in the Russian Federation in general and the Donetsk People’s Republic in particular. There has been also established the legal framework for road transport in the Donetsk People’s Republic as a constituent entity of the Russian Federation. There have been described the specifics of state and regional legal frameworks for road transport. There have been identified the problems of legal support of the sustainable development and security of road transport in the Donetsk People’s Republic. There have been given possible solutions to these challenges, ensuring the proper functioning, sustainable development, and security of road transport in the Donetsk People’s Republic as a constituent entity of the Russian Federation.

UDK: 343.341:656.1

Samir M. Mikailov - Candidate of Law, Associate Professor, Kurgan Institute of Railway Transport, Kurgan, Russia

Abstract. The current paper has presented a comprehensive analysis of administrative liability for violations in transport security, distinguishing it from other types of administrative liability. The paper has considered the specifics of this legal institution, its goals, and its place in the overall national security system. Based on an analysis of the subjects of administrative liability, as well as the specifics of the objective and subjective aspects of administrative offenses, there have been systematized the types of offenses by the objects of the offense and proposed grouping them into four groups. The special attention has been given to issues of law enforcement practice, particularly issues of classification, proof of guilt, and the adversarial nature of the proceedings. To improve the efficiency of this institution and address the identified problems, there has been proposed clarifying the wording of certain offenses in the Code of Administrative Offenses of the Russian Federation to reduce their excessive formality, developing clearer criteria for assessing the degree of public danger of an offense, and more actively implementing a risk-based approach in monitoring and oversight activities, focusing on the highest-risk areas. Based on the current study, there has been concluded that modernizing the legal framework for transport security will enhance protection of the transport sector and strengthen the rule of law in the country.

UDK: 347.78.03

Galina An. Misnik - Doctor of Law, professor of the department “Legal Support of Public Administration and Economics” of the Law Institute, Russian University of Transport (MIIT), Moscow, Russia

Abstract. The current paper deals with legal characteristics of antitrust violations in the oil transportation sector. There has been examined judicial practice in resolving disputes regarding the application of sanctions for antitrust violations in the transportation of oil and petroleum products. To clarify the traits of these violations, there have been studied the existing classifications of competitive legal relations in the competition law theory, the specifics of the subject matter of these legal relations, and the types of sanctions for violations of antitrust legislation in this area. The relevance of the current study is in the significant degree of monopolization of oil transportation, as noted in research and confirmed by practical data. The monopolization of this sector of activity makes crucial to regulate legally the procedures for concluding and executing oil transportation agreements. The paper has provided the examples of judicial practice confirming the problem of ambiguous interpretation of antitrust legislation applicable to these relationships. The distinction between the concepts of “abuse of a dominant market position”, “illegal coordination of economic activity”, and “illegal vertical agreements” remains controversial. There has been given the case law on the issue of defining legal criteria for unfair competition in setting oil transportation and sales prices. There has been concluded that the characteristics of “vertical” agreements require legislative regulation to establish a uniform practice for resolving disputes related to the application of sanctions for violations of antitrust requirements in the transportation of oil and petroleum products. The paper has provided a detailed analysis of the characteristics of vertical agreements, distinguishing them from such violations as the imposition of contract terms. There has been given the case law reflecting the approach of recognizing the imposition of contract terms as a type of “vertical agreement”, which, according to the author, does not fully correspond to the legal nature of these legal relationships. There has been concluded that the terms of provision of oil transportation services are insufficiently regulated. The issue of establishing a unified procedure for determining the priority of oil deliveries under conditions of limited pipeline capacity requires legislative resolution.

UDK: 623.093

Viktor M. Koryakin - Doctor of Law, professor, “Prince Alexander Nevsky Military University” of the Ministry of Defense of the Russian Federation, Moscow, Russia

Abstract. The current paper has provided a scholarly and practical commentary on amendments to transportation security legislation, as well as to bylaws that define the legal framework for the implementation of a relatively new function by transportation security units, namely combating unmanned aerial vehicles, which are increasingly being used to commit acts of illegal interference in transportation activities. There has been presented an interpretation of the new provisions of transportation legislation governing these issues. There has been studied the issue of training personnel to employ counter-drone equipment and methods.

UDK: 342.95

Nikolay M. Kozhukhanov - Candidate of Law, associate professor, Acting head of the department “Transport Law” of the Law Institute, Russian University of Transport (MIIT), Moscow, Russia

Evgeny Al. Nesterov - Candidate of Law, Head of the Law Institute, Russian University of Transport (MIIT), Moscow, Russia

Galina V. Petrova - Doctor of Law, professor, professor of the department “Transport Law” of the Law Institute, Russian University of Transport (MIIT), Moscow, Russia

Abstract. The current paper has presented a systematic legal analysis of approaches to the estimation of road traffic accidents in the Russian Federation, caused by the emergence of new vehicles. There have been identified current trends effecting the development and safe operation of vehicles in the Russian Federation. There have been summarized the positive and negative aspects of assessing road traffic accidents in Russia based on the approach of the Russian Ministry of Internal Affairs. The authors’ vision for a new approach to the estimation of road traffic accidents in Russia has been proposed as a recommendation.

UDK: 343.97

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

Abstract. The current paper has considered several aspects of road traffic safety (hereinafter referred to as RTS), specifically the negative effect of poor road conditions and road surface defects on the high rates of road accidents and injuries in the Russian Federation. Substantiating the relevance of the topic there have been presented compelling statistics and scientific opinions confirming the seriousness and scale of the problem under study. The study has been conducted in Moscow and the Moscow region. As for the causes of road surface defects, the paper has considered the effects of natural and climatic conditions, increased road loads, outdated road construction standards, violations of road paving technology, and poor road repair and maintenance. In examining these causes there have been demonstrated the specific examples of violations during construction and maintenance that reduce the service life of roads and negatively affect road safety. There have been proposed specific measures aimed at eliminating these issues. In addition to the shortcomings, the paper has also highlighted the positive results of road construction in the region. There has been concluded that it is possible to mitigate these factors that negatively affect RTS and key directions of work in this area have been outlined. Among others, there have been also highlighted the establishment of new road construction standards, improvement and compliance with construction and maintenance technologies, and high-quality road maintenance.

UDK: 347.63

Aleksey V. Goncharov - Senior lecturer of the department “Legal Support of Public Administration and Economics” of the Law Institute, Russian University of Transport (MIIT), Moscow, Russia

Abstract. The current paper has presented a comprehensive study of the legal mechanisms and practical aspects of interaction between the Transport Prosecutor’s Office and the Office of the Commissioner for Children’s Rights in the Russian Federation in protecting the rights and legitimate interests of minors in transport, particularly rail transport, a source of increased danger. There has been analyzed the constitutional framework, federal legislation regulating the activities of both institutions, as well as by-laws and departmental orders that determine the forms and procedures of their cooperation. Particular attention has been paid to identifying gaps and conflicts in the legal regulation of interaction, analyzing the efficiency of existing coordination practices (joint inspections, information exchange, coordinating positions on the protection of violated rights, preventive work), as well as justifying the necessity to improve the regulatory framework and administrative procedures to strengthen the protection of a vulnerable category of citizens, namely children, in the specific conditions of the transport infrastructure. The study is relevant due to the insufficient scientific development of issues of institutional cooperation in this area and the practical need to optimize mechanisms for protecting children’s rights in transport.

UDK: 629.053

Igor N. Dorofeev - Candidate of Law, Associate Professor, Associate Professor of the Department of Legal Support of National Security The Russian Presidential Academy of National Economy and Public Administration (RANEPA), Moscow, Russia

Alina An. Prokudina - Institute of Law and National Security, The Russian Presidential Academy of National Economy and Public Administration (RANEPA), Moscow, Russia

Abstract. The current paper has considered the urgent issues of implementing autopilot systems in rail transport in the context of creating special legal regimes, as well as implementing tools used in risk management. The specifics of using these mechanisms became the subjects of the current study. There has been paid attention to the current legal acts defining the status of artificial intelligence systems, as well as the rules for its use in freight and passenger transportation using the example of the work of JSC “Russian Railways”. There have been considered various levels of automation of the rolling stock of the train, as well as the role of the locomotive crew in monitoring the operation of the train equipped with an autopilot system. There has been concluded that the use of artificial intelligence systems in rail transport is still “conditional” in nature, since control over the choice of certain decisions made by an autopiloted vehicle is carried out by a person. In the context of legal support for the process of using unmanned vehicles in the railway industry, it is important to implement the “risk compliance” method, based on the development and implementation of local (internal) regulations, compliance with legislation and the prevention of various risks and threats, which is an extremely urgent issue in the context of real, potential and probable risks in the industry, as well as the introduction of risk-oriented approach methods when organizing the work of employees with systems equipped with artificial intelligence.

UDK: 347.453.6

Olga S. Glozman - Candidate of Technical Sciences, Associate Professor, Russian University of Transport (MIIT), Advisor to the Russian Academy of Architecture and Construction Sciences, Moscow, Russia

Sergey Al. Lirnik - Russian University of Transport (MIIT), Moscow, Russia

Abstract. The current paper has presented the study results of the modern phenomenon of car sharing. The first part has provided a detailed historical analysis of approaches to determining the number of vehicle storage locations in regulatory legal acts (codes of practice). Then there have been given the results of the analysis of statistical data recording the decline in motorization in some regions of Russia and revealing the ratio of cars of individual owners and car sharing. There has been substantiated the necessity to take into account the new type of individual public transport in transport law. In order to obtain quantitative indicators of the use of carsharing, there have been conducted two large-scale field studies as part of an educational program by students at the Higher Engineering School of the Russian University of Transport. The studies of traffic intensity and the percentage of parked carsharing cars in the city streets made it possible to formulate the basic principles for calculating the required number of storage spaces for short-term rental cars.

UDK: 33

Natalia V. Polovnikova - Candidate of Law, Chief Consultant, Legislative Assembly of the Sverdlovsk Region, Sverdlovsk Region, Russia

Abstract. The current paper has studied the specifics of legal regulation of entrepreneurial relations involving operators of individual mobility vehicles (hereinafter referred to as IMV), as well as other issues related to the legal status of entrepreneurial entities in the field of public transport mobility. There has been drawn attention to the gap in the definition of a legal status of a IMV operator. In this regard, there has been proposed to amend the current legislation to secure the status of a IMV operator and emphasized the advisability of establishing increased requirements for these entities as professional market participants who own high-risk equipment. In addition, there have been made proposals to improve the current legislation in order to implement the fundamentals of road security (admission to road traffic, establishment of a speed limit for vehicles, liability insurance).