UDK: 625.1(09)

Yuriy Iv. Petrov - Candidate of Historical Sciences, associate professor of the department ‘Customs law and organization of the customs affairs’ of the Law Institute of the Russian University of Transport

Abstract. The current paper has examined the government's steps to improve the rules for granting concessions to joint stock companies for the railway construction in Russia in the second half of the XIXth century. Miscalculations in the granting of the first concessions in the early 1860s prompted the government to develop new conditions for their grant, including elements of competition. The paper has noted that even with the limitations of new measures there were achieved certain positive results due to the first minister of railways P. P. Melnikov. When the earl V.A. Bobrinsky was appointed as the Minister of Railways in 1870, he introduced the new concession rules, the analysis of which showed that lack of competition in the provision of concessions and empowering the Minister of Railways has led to a new wave of concessionaires abuse, resulted in the introduction of new rules in 1873.

UDK: 625.1(09)

Yuriy Iv. Petrov - Candidate of Historical Sciences, docent, associate professor of the department ‘Customs Law and Organization of the Customs Affairs’ of the Law Institute of the Russian University of Transport

Abstract. In Russia of the middle of the XIX-th century the active development of railway transport formed a firm conviction among the public and the government in the necessity to revise approaches to administration in the industry. The current paper has shown that the railway construction was actually funded by the government for many years, but at the same time, the administration of the entire railway business was practically uncontrolled by private entrepreneurs. The current paper has analyzed the steps aimed at finding a rational balance in the railway administration between individuals and the government in the second half of the XIX-th century. There has been presented a position of such prominent foreign representatives of the science of financial law as K. Rau, A. Wagner, P. Leroy-Beaulieu, who categorically spoke out for the ownership of the railways to the treasury, as well as the scientists and specialists of the railway business in Russia. A comparative analysis of approaches to the construction and government of railways in England, Belgium and France, as well as the accumulated, albeit small, experience in Russia made it possible to conclude that a wise policy in the railway business had to be recognized as one in which governemet administration was combined with the private, but due to necessity and usefulness at a given time.

UDK: 656.2:902

Yury Iv. Petrov - Candidate of Historical Sciences, docent, associate professor of the department ‘Customs Law and Organization of the Customs Affairs’ of the Law Institute of the Russian University of Transport

Abstract. The current paper has considered the government's new intention in the 1860s towards to develop private railway entrepreneurship issuing concessions to the railway companies. There has been shown that this fact contributed to the rapid enrichment and the emergence of oligarchs in Russia in the 19th century, and that this caused the ‘railroad fever’. There has been considered the role of the government railway fund, the goals of its establishment, sources of formation and directions of use. There has been shown the role of the first Minister of Railways P. P. Melnikov in the fight against abuses in the railway, the government's awareness of the main mistakes in the concession policy and its concrete solutions of this problem.

UDK: 656.2

Yury Iv. Petrov - Candidate of Historical Sciences, docent, associate professor of the department ‘Customs Law and Organization of the Customs Affairs’ of the Law Institute of the Russian University of Transport

Abstract. The current paper discusses the formation and development of the Moscow Institute of Railway Engineers, established in Russia at the beginning of the XX century. There has been carried out the analysis of the legal regulation of the students’ training system, the requirements for the training level of engineers, the organization of teaching in an educational institution. The conducted analysis of legislative acts and materials of the Ministry of Railways allows getting a clear idea on the whole spectrum of the abovementioned issues. There have been shown the transformations of the educational system in higher educational institutions of Russia, attitude to them in transport universities and their impact on the development of transport education. The results of the current study give an idea of both the stages of the formation of the Moscow Institute of Railway Engineers and its role in the development of the country's transport education system. They can serve as a starting point for further discussion about the prospects, trends and directions of development of modern Russian transport education.

UDK: 656(091)(470+571)

Aleksey V. Vasiliev - post graduate of the Law Institute of the Russian University of Transport

Abstract. The current paper deals with the consideration of the historical aspects of the formation and development of the institution freight transportation contract in domestic legislation. The author has analyzed the norms of the 1885 General Charter of Russian Railways, which determined the rights and obligations of the freight transportation contract. Separately, there have been analyzed the relations of the parties under this contract in the case when the carrier uses rolling stock (carriages) belonging to third parties. A retrospective analysis of the railway legislation allowed the author to formulate some proposals to improve modern civil legislation in the part dealing with contract on freight transported by rail.

UDK: 656(091)(470+571)

Yury Iv. Petrov - Candidate of Historical Sciences, docent, associate professor of the department 'Customs Law and Organization of the Customs Affairs' of the Law Institute of the Russian University of Transport

Abstract. The current paper has considered the way of transportation in Ancient Russia due to objective historical conditions as a result of the settlement of tribal unions on the territory of the Russian Plain. The use of these transport lines for trade led to its expansion and development, and the formation of some duty ceremonies, which then over the years turned into liability to pay duty. The current paper has shown the way the taxation received significant development in the Moscow state, and individual duties were used for their intended purpose for the construction and maintenance of transport routes. Such development of state industries and institutions required the improvement of legal regulation, which actively began to develop in the XVII-th century. The current paper has analyzed some legal sources that governed the taxation and operation of transport lines. Much attention has been paid to the analysis of the Sobornoye Ulozheniye (Code) of 1649; its Art. 9 contained legal norms on collecting road duties and ensuring road safety and improvement of roads. Paying much attention to road duties, the chapter regulated the maintenance of roads, bridges and freights, thereby emphasizing the direct connection between the improvement of roads and road duties.

UDK: 656(091)

Yury Iv. Petrov - Candidate of History, docent, associate professor of the department of customs law and organization of the customs affairs, Law Institute of the Russian University of Transport

Abstract. Based on an analysis of the legal acts adopted by the Emperor Nicholas I, the current paper has examined the measures for the arrangement and maintenance of roads in the country, in accordance with their significance and sources of funding. The subjects of the study are the norms of Russian transport law. The purpose of the study is to identify the main parameters of the transformations that contributed to the improvement of transport legislation.

The paper has shown that the activities in a transport made by Nicholas I were due to the preceded the transport reform made his father Alexander I, during which there were set up a new governing body of the transport industry, a specialized organization and an educational institution. But these measures, due to the limited financial resources in the country, allowed implementing the planned projects only in the field of water communications. It was not possible to pay serious attention to land roads. The active road construction was launched only at the reign of Nicholas I. The paper has emphasized the role of the legal basis of government activities, the quality of which significantly improved with M. M. Speransky’s participation in codification of legal acts.

UDK: 348.3

Yury V. Kosolapov - Candidate of Chemical Sciences, associate professor of the department of customs law and organization of the customs affairs, Law Institute of the Russian University of Transport

Anna Al. Sivova - Candidate of Philological Sciences, leading researcher of Research Institute of the Federal Penitentiary Service of Russia

Abstract. In the second half of the XIX-th century the railways revolutionized not only in economics and in military affairs, but also in prisoners’ escort. It was then that a special railway transport appeared to transport offenders in Russia. It improved from cars for prisoners’ transportation of the late XIX-th century - the beginning of the 20th century, which were referred to by the people in different historical periods as "arvagon", "krasnukha", "teplushka", "stolypinskaya", to the wagons of the new generation. The crucial changes in the technical equipment of special cars/wagons occurred in the 1950-1980s.

UDK: 340.14

Yury Iv. Petrov - Candidate of Historical Sciences, docent, associate professor of the department of customs law and organization of the customs affairs, Law Institute of the Russian University of Transport

Abstract. The paper deals with the government measures of Catherine II, aimed at developing land and waterways in Russia, as the empress’s understanding of the transport industry role in the development of trade, industry and the entire economy. Practical steps in the transport business were connected with new personnel appointments and giving broad authority to the industry-leading department of the State Road Construction Office. The paper presents the provisions of the Charter with the goals of the Office, as well as the report of the new head of the Road department with a detailed analysis of the state roads construction and repairing technologies through the years, and considerations about the further construction and repair of roads and bridges. The paper shows the importance that the Empress gave to the waterways. She paid great attention to the construction and operation of canals. The Empress's special care was the Vyshnevolotskaya water system, to which she paid close attention and which she personally visited many times. For a long time, the lack of a legal base was a serious obstacle to the trade of Russian merchants through waterways. The analysis of the Merchant Shipping Charter of 1781 has shown how many controversial issues were solved with its introduction, which rights and obligations of ship owners, their employers and employees were determined, which finally led to the expansion of trade relations in the country and outside.

UDK: 656(09)

Yuriy A. Tarasenko - Candidate of Law, senior lecturer of the department of civil law, international private law and civil procedure, Law Institute, Russian University of Transport

Abstract. The contract of sea (river) freight transportation is closely related to the development of trade. Russia (Rus’) was originally formed as a land power state, which had very limited access to the sea. As a result, such an important instrument of trade as maritime transport was legally formed only at the end of the XVIII century, and was associated with the adoption of the Merchant Shipping Charter of 1781. Sea transportation was carried out on the basis of the contract. However, the legal regulation of this agreement in the Charter was extremely inconsistent and unclear. In Russia of that period, there were a few legal institutions necessary for the practical implementation of activities for the commercial freight transportation by sea. Sea transportation is a complex set of legal and actual actions that require regulations. The article has made an attempt to analyze the legal relations arising from the conclusion of the contract of freight transportation by sea and find out its features.