UDK: 656.078

DOI: https://doi.org/10.30932/2500-1868-2026-59-3-01

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

Abstract. The current stage in the evolution of control and supervisory activity within the transport sector of the Russian Federation is characterized by a paradigm shift driven by the adoption of Federal Law No. 248-FZ of July 31, 2020, “On State Control (Supervision) and Municipal Control in the Russian Federation”. The regulatory reform has solidified a systemic shift from a repressive, audit-focused model of state control to a preventive paradigm that implements a risk-based approach, the digital transformation of supervisory procedures, and mechanisms to incentivize diligent compliance with mandatory requirements. At the same time, taking into account the transport sector’s status as a systemic factor in national security enforcement and a foundation of the state’s macroeconomic infrastructure, the specific nature of the industry has imposed imperative requirements regarding the systematic nature and quality of the legal regulation governing control and supervisory activity. This factor has given rise to an objective need to conduct a comprehensive doctrinal analysis of the existing body of law, to identify systemic disfunctions and gaps in legal regulation, and to formulate scientifically grounded proposals for optimizing legislation governing transport control and supervision.

UDK: 340.113

DOI: https://doi.org/10.30932/2500-1868-2026-58-2-04

Maksim Al. Uvarov - Candidate of Law, Associate Professor, Russian University of Transport (MIIT), Moscow, Russia

Abstract. The current paper has considered the experimental legal regime for the operation of unmanned aerial systems in the Russian Federation and substantiated its classification as a special administrative and legal regime. The relevance of this topic is determined by the rapid development of unmanned aviation, the expansion of its practical applications, and the inadequacy of some traditional regulatory frameworks for the application of new technologies. The subjects of the current study were doctrinal approaches to the concept of legal regime, administrative and legal regime, the norms of air legislation governing the use of unmanned aerial vehicles, as well as the provisions of legislation on experimental legal regimes in the field of digital innovation. The purpose of the current study was to determine the legal nature of the experimental regime, identify its characteristics, and establish its place within the system of general and specific regulation of unmanned aviation. The methodological basis of the study was formed by formal legal, systemic, comparative legal, and doctrinal methods. As a result, there has been established that the experimental legal regime has a special regulatory purpose, is limited in time, territory and range of subjects, is based on a special combination of permissions, prohibitions, obligations and guarantees, is implemented through public administration procedures and is accompanied by state control. There has been demonstrated that this regime does not replace general aviation legislation, but rather serves as a form of adaptive rulemaking, ensuring the legal testing of new technological solutions under controlled conditions. There has been concluded that the results of experimental regulation should be used to refine the conceptual framework, define liability limits, and subsequently improve the regulatory model for the use of unmanned aerial systems.

UDK: 340.136:656

DOI: https://doi.org/10.30932/2500-1868-2026-58-2-03

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

Stanislav Ev. Shvagerus - expert at the Research center for digital transport legislation, Russian University of Transport (MIIT), Moscow, Russia

Abstract. The current paper has considered the issues of law enforcement under Part 5 of Article 14.1.2 of the Code of the Russian Federation on Administrative Offenses in relation to taxi calling services in the context of the transport industry digitalization. There has been analyzed the regulatory framework governing the dissemination of information on the transportation of passengers and baggage by car, including the provisions of Federal Laws No. 580-FZ of December 29, 2022 “On the Organization of the Transportation of Passengers and Baggage by Taxis in the Russian Federation” and No. 149-FZ of July 27, 2006 “On Information, Information Technologies and the Protection of Information”, as well as by-laws. Particular attention has been paid to the doctrinal interpretation of the administrative offense, the distinction between the concepts of “provision” and “dissemination” of information in the digital environment, and the distribution of powers between federal and regional government control bodies. Based on an analysis of judicial practice and clarifications from federal executive bodies, there have been formulated evidence-based conclusions on the necessity to clarify legislative criteria for the legality of aggregators’ activities, eliminate conflicts between transport and information legislation, and improve regulatory and control mechanisms. The study results can be practically implied to improve rulemaking, harmonizing law enforcement practices, and ensuring a balance between public and private interests in the field of digital transport services.

UDK: 342.9:656

DOI: https://doi.org/10.30932/2500-1868-2026-58-2-02

Maksim V. Lavrukhin - Expert Council Member of the State Duma Committee on Energy, Murmansk, Russia

Abstract. The current paper has considered the state of the transportation security services market, which is undergoing a period of institutional transformation. Based on an analysis of law enforcement practices and open sources, there has been identified a persistent trend toward criminalization of the industry, manifested in an increase in economic and corruption-related crimes among accredited transportation security units (TSUs). Particular attention has been paid to the problem of doing business without valid accreditation and fraudulent activity in the execution of government contracts. There has been presented an analysis of the results of a sociological survey of ordinary TSUs’ employees, allowing assessing their socio-professional status, job satisfaction, and motivational expectations. There has been established a significant gap between employees’ high level of awareness of the importance of their mission and low satisfaction with financial incentives. The final section of the paper contains a proposal of a comprehensive approach to improving the market, from measures to decriminalize and eliminate unscrupulous participants to the implementation of a non-financial incentive system.

UDK: 34.07

DOI: https://doi.org/10.30932/2500-1868-2026-58-2-01

Mariya An. Bazhina - Doctor of Law, Associate Professor, Professor of the Entrepreneurial Law Department named after V.S. Yakushev, Ural State Law University named after V.F. Yakovlev, Ekaterinburg, Russia

Elena V. Titova - Doctor of Law, Professor, Director of the Law Institute, Head of the Constitutional and Administrative Law Department, South Ural State University (National Research University), Chelyabinsk, Russia

Abstract. The current paper has considered the legal regulation of personal mobility devices (PMDs), using electric scooters as an example. There has been highlighted the necessity to improve the legal regulation of PMDs, taking into account existing provisions governing their use. There have been identified and analyzed in detail the current state of regulatory framework for the operation of PMDs, namely the concept, the lack of infrastructure for the safe operation of PMDs, comprehensive technical regulation of the production and operation of PMDs, and the state registration of these devices. There have been proposed to solve this situation by amending current legislation, establishing clear definitions as the basis for legal regulation, and regulating the rules for the operation of PMDs.

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.