Статьи номера | Issue №54

Articles of the journal issue №2 (54) (2nd quarter of 2025)

All articles in PDF

Ildar R. Begishev. At the Crossroads of Law and Technology: A Critical Approach to Legal Regulation of Intelligent Transport Systems

UDK: 347.463:656:004.89

Ildar R. Begishev - Doctor of Law, Associate Professor, Professor of the Department of Criminal Law and Procedure, Kazan Innovative University named after V. G. Timiryasov, Chief Researcher of the Research Institute of Digital Technologies and Law, Honored Lawyer of the Republic of Tatarstan, Kazan, Russia

Abstract. The current paper is a review of the monograph by M. A. Bazhina “Intelligent transport systems in transport activities: problems of legal regulation”. The purpose of the review was to estimate the scientific novelty, theoretical and practical significance of the study in the context of modern challenges of digitalization of the transport industry. The methodological basis of the review was a system approach and critical analysis of the conceptual provisions of the monograph. The current paper has estimated the approaches proposed by the author to defining the concept of intelligent transport systems, legal regulation of their individual elements, and the status of participants in legal relations in this area. Particular attention has been paid to the analysis of the gaps and contradictions identified by the author in the current transport legislation. The monograph under review is the first fundamental study of the legal aspects of the functioning of intelligent transport systems in Russian legal science. The current work has provided a comprehensive analysis of the problems of legal regulation of information transport systems, identified existing gaps in legislation and proposed specific ways to solve them. The results of the monograph could be used in scientific and pedagogical work, legislative activity, and further research in the field of transport law. The reviewer has concluded about the significant contribution of the monograph to the development of domestic legal science. The main conclusion of the work is the necessity to form a holistic concept of legal regulation of intelligent transport systems.

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Irina V. Khor’kova. Roman Maritime Law (a brief historical review)

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.

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Anna M. Repieva, Valentina Iv. Shiyan. Review of the International Scientific and Practical Conference “Transport Security Enforcement: Current Trends and Prospects of Development” (Law Institute, Russian University of Transport, Moscow, April 4, 2025)

UDK: 342.9

Anna M. Repieva - Candidate of Law, Deputy Head of the Department “Criminal law, criminal procedure and law enforcement”, Law Institute, Russian University of Transport (MIIT), Moscow, Russia

Valentina Iv. Shiyan - Candidate of Law, associate professor, Associate Professor of the Department “Criminal law, criminal procedure and law enforcement”, Law Institute, Russian University of Transport (MIIT), Moscow, Russia

Abstract. The current paper has presented a review of the International Scientific and Practical Conference “Transport Security Enforcement: Current Trends and Prospects of Development”, conducted by the department “Criminal law, criminal procedure and law enforcement” of the Law Institute of RUT (MIIT) (April 4, 2025) within the framework of the I International Congress “Transport and Law”. The scientific event brought together over 60 participants from various regions of Russia and foreign countries. The academic community, as well as representatives of practicing bodies, outlined the current agenda for the development of criminal law science, discussed problematic aspects of transport security enforcement and outlined the main ways to solve them. The review has presented the speeches of the conference speakers.

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Vladimir Al. Zhavoronkov. Transport forensic examination: modern problems and solutions

UDK: 343.3/.7

Vladimir Al. Zhavoronkov - Candidate of Law, associate professor, Associate Professor of the Department “Criminalistics and Forensic Science”, Law Institute, Russian University of Transport (MIIT), Moscow, Russia

Abstract. The current paper is devoted to the study of some problems of transport forensic examination, raised in the speeches of the participants of the First International Conference on the Problems of Transport Forensic Examination, held in early April 2025 within the framework of the I International Congress “Transport and Law” at the Russian University of Transport (MIIT). Most of the presented information was not included in the articles of the collection of scientific papers following the conference, therefore it is of great interest. The paper has examined such theoretical issues as determining the place of transport forensic examination in the classification system of forensic examinations, the content of the conceptual apparatus of transport forensic examination, etc. There has been paid particular attention to issues related to the practice of appointing and conducting transport forensic examinations and railway transport examinations in criminal and arbitration proceedings, examinations to establish the cost of restorative repairs of a vehicle after a traffic accident and examination of the quality of vehicle repair. In addition, the conference participants have suggested some measures aimed at preventing the consequences of traffic accidents. Following the conference, there has been adopted a resolution containing a number of proposals for the development of forensic examination in the transport sector.

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Oksana Iv. Mamina, Viktoriya An. Nikulina. Global practices of legal regulation of some aspects of the use of individual mobility vehicles within the framework of the implementation of state strategies for sustainable mobility

UDK: 656.13

Oksana Iv. Mamina - Candidate of Law, associate professor, Russian University of Transport (MIIT), Moscow, Russia

Viktoriya An. Nikulina - Russian University of Transport (MIIT), Moscow, Russia

Abstract. The current paper has analyzed the global trend to increase the level of transport micromobility, which has developed as a result of the recent increase in the popularity to use individual mobility vehicles as a means of transportation among the population of most countries. This, in turn, follows from the implementation of state and regional sustainable mobility strategies formulated at the national level, as a reflection of the corresponding direction of the global sustainable development agenda. At the same time, the rapid growth in the popularity of individual mobility has created new challenges for legislation, infrastructure and security. One of the key tasks in the management of sustainable transport mobility development is the improvement of the regulatory framework governing public relations arising from the use and operation of personal light electric transport. The current paper has considered foreign experience in legal regulation of the use of personal mobility devices and defined its most relevant aspects and mechanisms used by different countries. There has been concluded about the possibility to adapt foreign practices of legal regulation in the context of the Russian legal system, taking into account national characteristics, infrastructure and legislation to ensure a balance of interests of traditional road users and public safety, on the one hand, and the economic development of the new technological sphere, on the other.

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Igor K. Vasilenko. On legal terminology in the field of transport security enforcement

UDK: 342.9

Igor K. Vasilenko - Candidate of Law, associate professor, Leading Researcher of the Department of Economic Security Research, Institute of Economic Research, Donetsk, Russia

Abstract. The current paper has analyzed the legal terms given in regulatory legal acts in the field of ensuring the safety of transport processes, examines their relationship with related concepts characterizing the state of security of the transport complex and citizens from various threats in the field of transport security. There has been shown a lack of systemacity of normative legal acts and their inconsistency. There has been made a conclusion about the narrow nature of the legal definition of “transport security” and proposed its author’s edition. There has been shown a necessity to include people involved in transport processes in the number of objects of transport security enforcement. There has been substantiated the necessity to supplement the List of potential threats of committing acts of illegal interference in the activities of transport infrastructure facilities and vehicles. Based on the conducted study, there have been proposed the amendments to the legislation of the Russian Federation.

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Nikita Ev. Minin. Review of scientific research on the topic “Marine insurance”

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.

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Vitaly V. Klyuev. Terminology of autonomous vehicle

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.

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Evgeny Al. Nesterov, Viktor Ya. Tsvetkov. Information transport law

UDK: 658.7:004

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

Viktor Ya. Tsvetkov - Doctor of Technical Sciences, professor, Russian University of Transport (MIIT), Moscow, Russia

Abstract. Modern information technologies and information systems serve as the basis for the development of transport. At the same time, legal regulation lags behind the informatization level in the transport sector. Some concepts and entities of information technologies are not reflected in legal terms and legal relations. The current paper is devoted to the analysis of the relations of information technologies and legal possibilities that can regulate information objects and information relations. There has been shown that existing legal documents allow regulating a significant part of the field of information technologies and systems. There have been considered the issues of information transport law and given the recommendations for its improvement. The paper has identified the content of information transport law. There has been introduced a concept of information transport legal relations.

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Ildar R. Al’bikov, Evgeny N. Kovrizhnykh. Legal regulation of the use of artificial intelligence in transport security systems

UDK: 349:004.8

Ildar R. Al’bikov - Candidate of Law, associate professor, associate professor of the department “Flight Operations and Flight Safety”, Ulyanovsk Civil Aviation Institute, Ulyanovsk, Russia

Evgeny N. Kovrizhnykh - Candidate of Technical Sciences, associate professor, head of the department “Flight Operations and Flight Safety”, Ulyanovsk Civil Aviation Institute, Ulyanovsk, Russia

Abstract. The current paper has examined the legal regulation of the use of artificial intelligence in transport security systems, types of technologies developed with the help of artificial intelligence, as well as the areas of application of these technologies in transport security systems in civil aviation. Currently, artificial intelligence helps to improve the safety and efficiency of flights. AI is used in automatic piloting, air traffic control and security systems, providing aviation specialists with the ability to make informed decisions based on data analysis, so this area requires careful legal regulation.

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