UDK: 94(37):351.81(100)

Irina V. Khorkova - Candidate of Historical Sciences, Associate Professor, Russian University of Transport (MIIT), Moscow, Russia

Abstract. Nowadays a major challenge in international transport security is to combat pirate attacks on merchant sea and river vessels. However, piracy itself has existed for centuries, as well as a fight of the global community against it. In addition to military solution of the problem, there have always been the attempts to regulate it legally, dating back to the time of ancient Roman hegemony in the Mediterranean. There have been considered and evaluated the legislative measures taken by the Roman state to combat the dominance of pirates at the end of the Republican period. Using a broad historical backdrop there has been demonstrated the necessity to enact laws against organized pirate squadrons in Severe Cilicia (today’s Turkey). There have been analyzed two main laws passed by the Roman Senate against pirates, namely the Lex de piratis persequendis (Law on the Prosecution of Pirates) of 101–100 BC and the Lex Gabinia (Gabinian Law) of 68 BC, which granted emergency dictatorial powers to the commander Gnaeus Pompey to organize the fight against pirates. Legal measures also included the resettlement policy undertaken by Pompey after the defeat of the Cilician pirates. There has been concluded that the legislative measures against piracy had a generally positive impact on the overall situation in the Mediterranean basin during the period under review.

UDK: 328.125

Sergey Iv. Leonov - Deputy CEO of “Russian Railways Technologies” LLC, Moscow, Russia

Abstract. In the current paper, there has been conducted a historical and legal analysis of C. F. Adams’s historical work “Erie Milestones” to discover traces of the development of corrupt relations in the field of railroad construction in the United States in the second half of the 19th century. There have been considered the forms of illegal corruption described by the officials of Railroad Company “Erie”, including the bribery of legislators in Albany and corruption in the New York State courts. There have been highlighted how Adams’s public condemnation of corruption laid the foundation for subsequent anti-corruption reforms in the transportation industry.

UDK: 347.79

Irina V. Khor’kova - Candidate of Historical Sciences, Associate Professor of the Department “Maritime Law and International Law”, Law Institute, Russian University of Transport (MIIT), Moscow, Russia

Abstract. The current paper has presented a brief historical review of the origin and development of maritime legislation in Ancient Rome, considered the geopolitical and historical prerequisites for the formation of the Roman fleet, and the features of the development of international maritime trade during the period of Roman hegemony. The main attention has been paid to historical sources containing the norms of Roman maritime legislation, namely the Senate law on the prosecution of pirates, the Digests of Justinian. The current paper has provided the quotes from ancient authors who were contemporaries of the formation of the Roman legislative base, namely Plutarch, Pliny the Elder, Polybius, Petronius Arbiter. The source base of the study is not limited to narrative references. There have been analyzed the data from underwater archeology, cartography, and historical reconstruction. The paper has examined the features of Roman jurisdiction at sea, and provides opinions of famous Roman lawyers Gaius, Labeo, Paul, Ulpian, Volusius Metianus regarding the ownership of maritime territories. There has been given a detailed textual analysis of the paragraphs and titles of the fourteenth book of the “Digest” and concluded that Roman jurisprudence developed a clear legal regulation related to the ownership of a ship, its charter, the duties of the owner, captain, lessee and passengers, as well as the property on board the ship. The current study has concluded that Roman maritime law made a significant contribution to the global legal system regulating cargo transportation and maritime trade.

UDK: 343.346

Sergey Al. Markuntsov - Doctor of Law, Associate Professor, National Research University “Higher School of Economics”, Russian University of Transport (MIIT), Moscow, Russia

Irina Al. Markuntsova - Russian University of Transport (MIIT), Moscow, Russia

Abstract. The current paper has presented the authors’ position on a small but controversial issue in the doctrine of criminal law on the origin of criminal liability for transport crimes. During the study, there have been used both general scientific and specific scientific (special) methods of cognition, a special place among the latter has been occupied by legal methods, namely historical and legal. As a result of the retrospective study, the authors have concluded that even if the position of scientists who believe that one of the first mentions of criminal liability for transport crimes in Russian legislation back in the 17th century is controversial, then such liability definitely appeared in the first half of the 18th century, and not in the 19th century, as some scientists in the field of criminal law insisted.

UDK: 656.025

Marina Al. Proskurnina - Historical aspects of formation of tariffs for long-distance passenger transportation in domestic traffic

Abstract. Formation of tariffs for passenger transportation in long-distance trains has been a topical issue throughout the history of railway transport. Approaches to tariff formation have been transformed since domestic policy implementation and have undergone several changes since their initial formation. The importance of displaying the designated historical aspects is due to the need to use them when forming tariff policy for future periods.

UDK: 656:94(47)

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

Abstract. In the pre-war years, scientists at the Moscow Institute of Railway Transport Engineers (MIIT) did not think about whether a transport education was necessary or not. They tried to develop transport education, continuing the tradition of their predecessors, who opened transport schools based on classical science. For more than three centuries, there has been a process of developing ways to transform theory into engineering knowledge, directing it to the development of transport capabilities. A prominent supporter of the development of transport education in the 1930s–1940s was Georgy Konstantinovich Evgrafov, professor of MIIT. In fundamental scientific works, the scientist revealed the core of theoretical thoughts, which became a solid foundation for the development of applied transport sciences. It required a professional team capable to conduct research, form transport science and embody it in the minds of a new generation of transport specialists. Such a team, according to G.K. Evgrafov, should have been a department. In his annual reports to the teaching and student staff G.K. Evgrafov according to his scientific values and the skill of an experienced professor, assessed the work of each department over the past year and set tasks for the development of transport education for transport engineers of a new generation. Being the deputy head of MIIT for educational and scientific work, the professor was able to convince his opponent with evidence obtained from scientific sources. His experience proved the facts of the positive organizational and scientific work of the university under the influence of a person with a high scientific outlook, with a rich moral and ethical thinking enriched with legal ideas. The purpose of our study was to establish ways to combine law with other types of transport education regulators and determine their impact on the quality of training specialists demanded by transport in the pre-war period. The research methodology was scientific and cognitive methods for evaluating many materials that reflected the formation of transport education in Russia and at the Moscow Institute of Railway Engineers, the origins of which come from the Institute of Railway Engineers founded in 1896. The analysis of information about transport education was combined with the comparative method and the author’s evaluative techniques, acquired by 40 years of experience and the author’s skills in scientific and teaching activities at the universities.

UDK: 378:656

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

Abstract. In the current paper there has been considered the scientific heritage left by V. N. Obraztsov, which resulted in evaluation of the scientific works of a prominent transport scientist who constantly took care of the development of the Moscow Institute of Railway Engineers, known today as the Russian University of Transport. The scientist understood the essence of education in a transport university, the importance of science in the training of railway engineers and strove to the filling the educational process with new knowledge, closely related to theory and transport practice. The separation of science and educational process destroyed education, turning it into an empty formality, where there was no new knowledge, no new skills that were urgently needed for the development of transport. The paper has considered the experience of teaching students, built on the ideas of the transport education development, aimed at training railway engineers. There has been drawn attention to the measures taken by the scientist to develop postgraduate studies in the transport university. The purpose of the current study was to understand V. N. Obraztsov methodology in the transport education, to present proposals for improving the training of transport specialists.

UDK: 342.51

Yuliya V. Ryzhova - The history of the establishment and activities of the transport police in the Russian Empire

Abstract. The historical experience of railways’ functioning in the Russian Empire and their protection is of particular interest nowadays. At the same time, the experience of transport police functioning, which was established in 1867 and existed until 1917, remains little studied. The current paper has considered the stages of evolution of the transport police activities in the Russian Empire on the example of the largest formations of the Separate Corps of Gendarmes, i.e. the gendarmerie police departments of railways, formed in the second half of the XIX-th century. Being formed in difficult domestic political conditions, the gendarmerie police departments of the railways played a significant role in the police system for enforcing the internal security of the Russian Empire. The establishment of specialized gendarmerie formations made it possible to provide all the necessary types of protection on the railways. The paper has focused on the fact that, being, in fact, the political police, the gendarmerie police departments of the railways also performed a number of special functions assigned to them. The general principles of the activities of these departments were as follows: strict centralization, clear organization and interaction with a number of central state institutions of the Russian Empire. The paper has considered the main activities of the gendarmerie police departments of railways related to enforcing transport security in the Russian Empire.

UDK: 347.463:62

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

Abstract. At the end of the XIX-th century, in the early years of the formation of the Moscow Engineering School (now the Russian University of Transport) with the participation of the Ministry of Railways, legal science (jurisprudence) was included in the process of training engineers. The jurisprudence formed on the basis of theoretical legal science became the subject of attention of the Ministry of Railways. In 1899, for the Moscow Engineering School, the department developed and approved a special program for teaching legal sciences to students. The program and the course of jurisprudence prepared turned out to be unique in its content and structure. Thinking transport workers felt the engineer’s need for legal knowledge as a legal source of information. The engineer, in addition to special knowledge and skills, was required to be a highly cultured person, to know and understand the legal mechanisms of the railways structure and operation, to stand firmly on legal principles in his professional activities. The evaluation of the program and the course of jurisprudence, compared with the study of law today, made it possible to make conclusions about the directions for the formation of the legal knowledge of engineers, whose training is carried out at the Russian University of Transport. The purpose of the current study was to obtain information about the place of legal knowledge in the structure of engineering knowledge, formed at the early stage of setting up the Moscow Engineering School. The content of legal knowledge can become a source of information for the development of concepts of legal influence on the development of engineering knowledge at the Russian University of Transport at the present. The methodology of the research was made by the scientific methods of cognition of the information about the ways of setting up a new transport university; about the methods of forming the engineering knowledge structure; about the methods of determining the content of legal knowledge in the engineering knowledge structure. Methods for identifying, evaluating, analyzing, comparing, verifying information about training of engineers in the XIX-th century accompanied the accumulation of knowledge and the formulation of the conclusions set forth in the paper. The method of comparing the obtained data with knowledge, confirmed by the rich research experience of the author, has developed the conditions for reasonable conclusions on the current study.

UDK: 342.56(091)

Valeriy K. Tsechoev - Doctor of Law, professor of the faculty of economics, management and law of the Rostov state transport university (RSTU)

Abstract. The current paper has considered the improvement of the work and reform of the Soviet courts, militia, including transport, justice, in the 1953-1960s. Attention has been focused on the organizational and legal foundations of the Soviet law enforcement system in connection with changes in the judicial system and in the bodies and institutions of justice.