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.

UDK: 341.225

Aleksander V. Zigarev - Head of the Navigation Department of the Department of State Policy in the Field of Maritime and Inland Water Transport, Ministry of Transport of the Russian Federation, Moscow, Russia

Abstract. Today, the sea area not covered by the national jurisdiction of states requires special international protection, since it is the property of all mankind. The International Seabed Authority, which is powered to control the implementation of exploration activities within the area is of particular importance in the framework of the protection of the international seabed area. The legal status and structure of the Authority are defined in the United Nation’s Convention in the Law of the Sea. Meanwhile, the issues affecting the specifics of the Authority’s activities, as well as the main areas of its work at the legislative level and within the scientific community, have not been studied yet. Based on an analysis of current international legislation there has been made an attempt to comprehensively understand the main areas of activity of the International Seabed Authority.

UDK: 656.61

Vitaly V. Klyuev - director of the Department of State Policy in the field of maritime and inland water transport of the Ministry of Transport of Russia

Abstract. The formation of a legal framework for the operation of maritime autonomous surface ships (MASS) in Russia with the entry into force of the federal law on autonomous vessels and a set of regulatory legal acts of the Government of the Russian Federation and federal executive authorities on the topic of autonomous navigation provided for by this law is almost complete. From September 1, 2024, subjects of public relations related to the operation of autonomous and semi-autonomous marine and river vessels will be able to make the transition to this new technology if appropriate technical capabilities are available. The existence of a large number of legal acts that form the regulatory framework for autonomous navigation requires systematic understanding, analysis and consideration in order to apply them comprehensively in practice. This publication is aimed at generalizing the ideas and provisions of individual acts in the field of autonomous navigation, outlining regulated legal relations in a systemic relationship.

UDK: 338.47

Aleksandr D. Serov - The Northern Sea Route in the Context of Russia’s Arctic Policy

Abstract. The Arctic region has an undeniably valuable resource potential. Its consistent, reasonable development allows ensuring the national security of the Russian Federation and satisfying its national interests. The Northern Sea Route acts as a national transport communication in the context of Arctic policy. The current paper has substantiated that the infrastructure of the Northern Sea Route and its purpose are determined historically. Based on the international legal approach to the formation of customary norms, as well as the urgent need for full regulation of the legal status and mode of use of the Northern Sea Route, the Russian Federation is currently taking active steps to adopt the necessary legal norms to regulate relations in this area of relations. Due to the strategic importance of the Northern Sea Route in the Arctic territories, foreign countries are increasingly turning to the issue of internationalization of this water area, primarily to ensure unimpeded navigation. There has been concluded that such an approach will not only negatively affect the state of the sea territories but may also negatively affect the national security of the Russian state. There has been also confirmed the idea of the necessity to develop and adopt the Arctic Code of the Russian Federation, which will become the only legal document that will also predetermine the procedure and conditions for using the Northern Sea Route. There has been emphasized the need for consistent development of federal standards that will determine the quality of life of people in the Arctic territories, which is very important in the context of protecting indigenous peoples. Finally, there has been concluded that research and development in regulation of the Northern Sea Route have an extremely large-scale diversity, that is why it is necessary to continue studying and identifying problems in this area of relations, which will undoubtedly have a positive impact on the protection and provision of national security of the state.

UDK: 347

Yury V. Mel’nik - Russian University of Transport (MIIT)

Abstract. According to the generally accepted definition, “Flag of convenience” is a business practice whereby a ship’s owner is of a nationality other than the nationality of the ship. But the problem is that the lists of registries, which are called “flags of convenience”, are very different. The current paper has aimed to develop a definition of “flag of convenience” through the analysis of the history of ship registration, as well as comparative legal analysis. To study this there has been reviewed legislation of six countries, as well as research papers from eight countries. As a result, there have been identified three main approaches to determining which flags are considered convenient. Thus, a registry may be called a “flag of convenience” if the flag state does not fulfill its responsibilities. There have been determined the characteristic features by which one can identify a “flag of convenience”. This information can be crucial in making recommendations to Russian shipowners and insurance companies when assessing the risks and benefits of a particular registry, since 61% of ships owned by domestic shipowners are registered in other countries.

UDK: 347

Vitaly V. Klyuev - director of the Department of State Policy in the field of maritime and inland water transport of the Ministry of Transport of Russia

Abstract. Maritime law in the Russian legal system is a complex branch of law, the main element of which is the Merchant Shipping Code of the Russian Federation (MSC). On April 30, 2025, there was the 25th anniversary of the date of coming into effect of the MSC of RF, which became a worthy successor to the 1929 and 1969 predecessors with similar names. The current paper has given an analysis of the place of the MSC in the Russian legal system, an analysis of the evolution of the MSC over its 25-year history and an evaluation of possible further development.

UDK: 349.6

Dmitry Al. Filippov - Russian University of Transport (MIIT)

Abstract. The current paper has considered the stages of legal regulation of the use of the Caspian Sea by the states belonging to the Caspian basin in various historical periods. There has been conducted a retrospective review of regulatory legal acts regulating relations in the Caspian Sea since the beginning of the twentieth century to the present time. There have been identified the legal consequences of the lack of uniformity of approaches to the legal status of the Caspian Sea for relations regarding the use of its natural resources. There have been considered the prerequisites for various approaches to the legal regime of the Caspian Sea. There has been studied the significance of the development of shipping on the Caspian Sea for the implementation of the goals of the Transport Strategy of the Russian Federation for the period until 2030 with a forecast until 2035. There have been established the key factors influencing changes in the volume of cargo transshipment through the ports of the Caspian Basin.

UDK: 627.09

Sergey An. Sinitsyn - Doctor of Law, professor, Russian Academy of Sciences, chief researcher at the Private Law Center, Institute of Legislation and Comparative Law under the Government of the Russian Federation

Pavel P. Kabytov - Candidate of Law, Institute of Legislation and Comparative Law under the Government of the Russian Federation

Abstract. Transport legislation, as part of the regulation of relations arising among water transport organizations, shippers, consignees, passengers, and other individuals and/or legal entities during shipping, has carried out the legal identification of river and seaports, determined the elements of the property and legal status of ports and property located in ports, and fixed the features of the legal regulation of property relations, the object of which is the property located in the port. These features include the establishment of a special procedure for leasing port property that is federally owned by persons who own port infrastructure facilities that are “unbreakably linked” with the leased property. The current paper, based on a systematic interpretation of legal norms, has identified the content of the category “unbreakable link” in relation to port infrastructure facilities. While examining the current legislation, there has been concluded that there are certain contradictions in it. The paper has also formulated recommendations for public authorities on the interpretation of criteria for the unbreakable link of port infrastructure facilities within the framework of law enforcement activities.