UDK: 347.12

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

Abstract. The current paper has presented the analysis of the legal mechanisms for identifying and certifying customs of the seaports in the Russian Federation. There has been studied the characteristics of legal customs of the seaports as enshrined in Article 5 of the Civil Code of the Russian Federation and the regulations of the Chamber of Commerce and Industry of the Russian Federation. Particular attention has been given to the specifics of the procedure for certifying customs of the seaports, including the constituent entities, the competence of various organizations, and inconsistencies in current regulations. There have been found significant discrepancies between the theoretical understanding of a custom as a source of law and practical approaches to its recording. There has been analyzed the conflicting nature of customs of the seaports recorded by different organizations in the same territory, as well as issues of proving the existence of customs in legal disputes. There have been proposed the ways to improve legislation and practice in identifying customs of the seaports, aimed at ensuring legal certainty and stability in maritime trade.

UDK: 347.79

Tatiana An. Laguttseva-Nogina - Russian Biotechnological University (ROSBIOTECH), Moscow, Russia

Olga N. Skuybedina - Candidate of Philosophical Sciences, Associate Professor, Russian University of Transport (MIIT), Moscow, Russia

Abstract. The current paper has presented a comprehensive analysis of available and frequently used Russian- and English-language material, in order to use relevant English-language texts in training maritime law specialists. The analysis has revealed a very limited amount of such educational material. The material found is primarily based on terminology used by port workers, seafarers, and anyone involved in maritime affairs. However, the goal of training future maritime lawyers is to develop the ability to interpret various maritime legal acts, including international ones, and to draw conclusions about their correct and uniform application in maritime transport activities. There have been analyzed the most frequently used keywords in English maritime law terminology in the Springer database. There has been found a very small number of publications that contain materials directly related to maritime law. There has been proposed to conduct a further analysis to assess the suitability of English-language materials for educational use that reflect the current situation in the implementation of international maritime law principles.

UDK: 656.62

Denis V. Sosnin - Captain-Instructor, Vietnamese-Russian joint venture “Vietsovpetro”, Vung Tau, Vietnam

Abstract. The current paper has provided a comprehensive analysis of current issues of state control and supervision of inland water transport in the Russian Federation. There have been analyzed current legal mechanisms, including the Inland Water Transport Code of the Russian Federation, technical regulations on the safety of inland water transport facilities, and orders of the Ministry of Transport of Russia (2012–2025) governing control and supervision. There has been drawn attention to the shortcomings of current legislation regarding the coordination of interdepartmental cooperation, which negatively impacts the efficiency of state port control. There has been also confirmed the inadequacy of the regulatory framework for implementing digitalization of document flow in water transport; specifying criteria for assessing the risks of non-compliance with mandatory requirements; standardizing procedures for the temporary detention of vessels; and qualitatively assessing the technical condition of shipping hydraulic structures. The identified problems complicate the effective monitoring of a significant number of water transport facilities given the high depreciation of the industry’s fixed assets. An analysis of the regulatory framework and state oversight practices has allowed formulating conclusions that have practical implications for improving water transport security systems.

UDK: 33:34:32

Diana S. Timoshenko - Candidate of economic sciences, senior research associate, Department of Country Studies, Center for Arctic Studies, Institute of Europe of the Russian Academy of Sciences, Moscow, Russia

Abstract. The current paper has examined the legal and economic aspects of enforcing security of Baltic Sea shipping routes in the context of current global instability. The purpose of the study was to identify potential risks to Russian shipping, taking into account the changing geopolitical situation in the Baltic-Scandinavian macroregion.

The work was carried out within the framework of the state assignment of the Ministry of Science and Higher Education of the Russian Federation (research topic No. FMZS-2024-0013 “Systemic analysis of economic and political risks and opportunities of the Baltic-Scandinavian macroregion”).

UDK: 347.79

Vitaly V. Klyuev - Candidate of Law, Professor of the department “Maritime Law and International Law”, Russian University of Transport (MIIT), Moscow, Russia

Abstract. Maritime law, being a highly specialized legal field, has a complex composition of subjects in public relations, which requires separate study and doctrinal understanding. In any public relations, the defining element of such relations are their parties, the subjects, and entities. Unlike private law, public relations are built on the interaction of entities with different legal origins. In the field of public maritime law, both the public party of public relations and the party subject to public regulation have distinct characteristics relative to other branches of law, determined by the geographical application of the norms of public maritime law, multi-jurisdictional jurisdiction in various maritime spaces, and the broad autonomy of private maritime law entities. The current paper has considered the approaches to defining the legal nature and essence of legal entities in public legal relations. In order to study the specifics of public maritime law, there has been proposed to consider such two aspects of public social relations as a public entity of maritime law and a subject of public maritime law. Public entities of maritime law are individuals, bodies, and structures representing the public party, and which are vested with public-authority functions. Subjects of public maritime law are individuals who are directed with public maritime law regulation or with respect to whom public subjects of maritime law exercise functions or powers.

UDK: 35:656.6

Vitaly V. Klyuev - Candidate of Law, professor of the department “Maritime Law and International Law”, Russian University of Transport (MIIT), Moscow, Russia

Abstract. One of the most significant functions of public authorities in the field of maritime law is that of a vessel’s flag state, the exercise of which is regulated by both universal international norms and the national legislation of each country. Sea vessels registered in the jurisdictions of various states interact with each other, navigate maritime spaces of various legal status, and often have international crews. The intermingling of jurisdictions associated with the operation of a sea vessel requires profound analysis, the development of a sustainable model for regulating public relations for vessels of their “own” flag, and the development of legal mechanisms for omni channel interaction between the vessel, its crew, and the shipowner with public institutions in various states. The purpose of the current study was to identify the most common trends and approaches in the legislative implementation by various countries of flag state functions provided for by inter-row legal instruments, for the subsequent recommendations for regulating the legal status of Russian vessels during their operation in international freight.

UDK: 368.23

Nikita Ev. Minin - General Director of the LLC “Nautilus ― Insurance Consultants”, Moscow, Russia

Abstract. Marine insurance is an important financial and legal instrument for protecting interests in shipping. Scientific research in the field of legal regulation of marine insurance allows constantly improving this area of public relations. However, not much research has been written on this topic, which leaves quite a lot of space for the scientific activity of researchers.

UDK: 656.136

Vitaly V. Klyuev - Candidate of Law, head of the Department of State Policy in the field of maritime and inland water transport of the Ministry of Transport of Russia, Moscow, Russia

Abstract. Automation of control processes in all spheres of human activity is becoming increasingly accelerated due to the improvement of computing technologies, artificial intelligence, communications, pattern recognition, as well as the creation of effective actuators for automation. Accordingly, new social relations are emerging, connected with automation, reduction or exclusion of human cognitive functions and humans in general in the control loop of technical and technological processes. Automation has fully affected transport and vehicles, creating an unprecedented need to review legal norms, structures and concepts that regulate social relations arising during the operation of transport infrastructure and vehicles. In this regard, there is a problem of using legal terminology in relation to vehicles operated without human participation or with reduced human participation compared to traditional control methods. The current paper has considered the question of how the term “autonomy” should be used to describe a vehicle without human intervention, and whether it meets the stated needs of the transport sector, where the term “automated vehicle” and many other terms are currently often used for these purposes? Obviously, there is a possibility of universal legal regulation of the operation of autonomous transport in general. But there is a significant obstacle to the implementation of such an idea since there is no community of transport regulation either in the world or in Russia and establishing the community and universality in relation to autonomous transport alone in the absence of community of basic transport regulation seems an unsolvable task.

UDK: 368.23

Nikita Ev. Minin - CEO of LLC “Nautilus - Insurance Consultants”, Moscow, Russia

Abstract. Maritime insurance is an important financial and legal instrument for protecting interests in shipping. Improvement of public-legal regulation of this area will help to streamline the legal relations of maritime insurance entities by means of detailed regulation of their rights and obligations, which will lead to increased efficiency of the industry. The current paper has considered the legal definition and regulation of the activities of subjects of insurance legal relations according to Russian, English, and German law.