UDK: 340.132

Viktoriya An. Nikulina - Russian University of Transport (MIIT), Moscow, Russia

Abstract. The current paper has provided a comprehensive analysis of the legal aspects of control and supervision in joint-stock companies with predominant state participation, using the example of the open joint-stock company “Russian Railways”. The study is based on an examination of the regulatory framework, including the Federal Laws “On Joint-Stock Companies” and “On Railway Transport in the Russian Federation”, decrees of the Government of the Russian Federation, and internal regulatory documents of JSC Russian Railways. There has been considered the multi-level structure of control bodies, including internal governance bodies (the general meeting of shareholders, the board of directors, the audit commission, and internal audit), external audit bodies, and state supervisory bodies (Rostransnadzor, the Accounts Chamber of the Russian Federation, and the Federal Antimonopoly Service of Russia). There have been also analyzed the legal mechanisms for protecting the interests of the state as the primary shareholder, including the requirement to approve major transactions, the preemptive right to acquire shares, and the establishment of limits on remuneration of officials. The conducted analysis has revealed the key legal problems with the control and supervision system at JSC “Russian Railways”, such as duplication of functions among various control bodies, insufficient independence of control bodies from the executive body, lack of effective coordination between internal control bodies and state supervisory bodies, the absence of a unified methodological framework for conducting control activities, and limited access of control bodies to information. There has been proposed a set of recommendations to improve the control and supervision system, including a clear delineation of the competencies of control bodies, to strengthen their independence by establishing criteria for director independence, to develop coordination mechanisms between internal control and state supervisory bodies, to develop uniform methodological recommendations, and define clear limits on access to information. There has been recommended to strengthen the application of international corporate governance standards and OECD recommendations for state-owned enterprise management. The practical significance of the current work is that the proposed recommendations can be used to improve the systems of control and supervision in other state-owned joint-stock companies and to develop regulatory legal acts governing the management of state property. Its theoretical significance is in its contribution to the development of legal science in the field of corporate law and the legal regulation of state-owned enterprises.

UDK: 347.4

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

Nikolay M. Kozhukhanov - Candidate of Law, Associate Professor, Head of the Department of Transport Law, Law Institute, Russian University of Transport (MIIT), Moscow, Russia

Artem G. Repiev - Doctor of Law, Associate Professor, Head of the Department of Legal Theory, Civil Law and Civil Procedure, Law Institute, Russian University of Transport (MIIT), Moscow, Russia

Abstract. The current paper has presented a systematic legal analysis of transport legislation that requires adjustment due to the entry into force certain provisions of the Federal Law of March 20, 2025, No. 33-FZ “On the General Principles of Organizing Local Self-Government in a Unified System of Public Authority” on January 1, 2027. Based on methods of systematization, deduction, and the formal legal method, using the rules of legal technique as well, there have been developed model solutions for amending the provisions of individual transport laws that are directly related to the Federal Law “On the General Principles of Organizing Local Self-Government in a Unified System of Public Authority”. This approach to transport legislation amendments can be applied to amending a wide range of regulations governing transport and municipal legal relations.

UDK: 347.8

Oleg V. Lavrishchev - Lawyer, Department of Economic Security Research, Economic Research Institute, Donetsk, Russia

Abstract. The current paper has presented the analysis of airport infrastructure and the regulatory framework for air transportation before the formation of the DPR, during the period of its independence as a separate state, and after its incorporation into the Russian Federation as a region. There have been made the proposals to improve the regulatory framework governing relations in the field of small and regional aviation.

UDK: 623.746.4-519

Evgeny V. Ismakov - Orenburg State University, Orenburg, Russia

Abstract. The current paper has considered the legal issues related to the use of on-board flight data recorders (“black boxes”) in autonomous vehicles. The emergence of such vehicles on Russian roads occurs despite the insufficient regulation regarding the status of recording systems, which plays a key role in establishing the facts and those responsible in road accidents. The primary purpose of the study was to identify contradictions and gaps in Russian regulations regarding “black boxes” and propose ways to formalize them. There have been used the methods of systemic and dogmatic analysis of legal acts, as well as comparisons with approaches adopted in the European Union, Germany, China, and the United States. The results have revealed that Russia lacks uniform technical standards for such devices, their recordings have no clear evidentiary status in legal proceedings, and there is a poor data protection from unauthorized access. As a new approach, there has been substantiated the necessity to make “black box” data the primary evidence in investigating accidents involving autonomous vehicles. The key conclusions include proposals to mandatorily equip highly autonomous vehicles with “black boxes”, work out a domestic GOST standard, codify rules for the use of recordings in the Russian CPC and the CAO, and establish manufacturers’ liability in case of a proven technical failure. Implementation of these measures will make investigation more objective and enhance safety and public trust in autonomous vehicle technologies.

UDK: 656.025

Egor S. Dudin - legal adviser, JSC AITOEPPN “Daltekhenergo”, Moscow, Russia

Abstract. The current paper has considered the legal aspects of control and supervisory activities of the government over the transportation of military cargo as a type of strategic cargo. There has been highlighted the interactions between the Russian Ministry of Transport, Rostransnadzor, the Russian Ministry of Defense, the Federal Customs Service of Russia, and other public authorities in controlling (supervision) the transportation of military cargo, including within the framework of state defense procurement. There have been studied theoretical approaches to defining the legal concept of military cargo transportation as strategic cargo under special control (supervision) by public authorities. There have been analyzed current issues in the legal regulation of military transportation and proposed measures to improve legal regulation in this area.

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.