Статьи номера | Issue №58

Articles of the journal issue №2 (58) (2nd quarter of 2026)

All articles in PDF

Anna M. Repieva, Valentina Iv. Shiyan. Transport security enforcement according to scientific views

UDK: 342.9:656

DOI: https://doi.org/10.30932/2500-1868-2026-58-2-24

Anna M. Repieva - Candidate of Law, Acting Head of the department of criminal law, criminal procedure, and law enforcement, Institute of Law, Russian University of Transport (MIIT), Moscow, Russia

Valentina Iv. Shiyan - Candidate of Law, Associate Professor Russian University of Transport (MIIT), Moscow, Russia

Abstract. The current paper is devoted to the overview of the international scientific and practical conference “Transport Security Enforcement: Current Trends and Prospects of Development”, organized by the department of criminal law, criminal procedure, and law enforcement of the Law Institute of the Russian University of Transport (MIIT) on April 3, 2026, as part of the II International Congress “Transport and Law”. The conference brought together over 90 participants from various regions of Russia and abroad. The scientific community, together with representatives of law enforcement, identified priority areas and current vectors for the development of criminal law doctrine, considered problematic aspects of transport security, and proposed mechanisms for overcoming them. The paper has summarized the key points of the speakers’ reports.

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Vladimir Al. Zhavoronkov. The main directions of maritime and fluvial law development: a modern view on the problems

UDK: 343.3/.7

DOI: https://doi.org/10.30932/2500-1868-2026-58-2-23

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

Abstract. The current paper is devoted to the problems of maritime and fluvial law, raised in the reports of the participants of the International Scientific and Practical Conference “Current Issues of Maritime Law and Fluvial Law in Modern Geopolitical Conditions”, within the framework of the II International Congress “Transport and Law” held on April 2-3, 2026, at the Russian University of Transport (MIIT). A significant portion of the reports presented at the conference was not reflected in the current paper due to their large number. At the conference there have been considered such theoretical and practical issues as forensic examination in water transport, international protection of maritime navigation in the Bab el-Mandeb Strait, determination of causal relationships in events and incidents in maritime transport using forensic examination methods, legal issues of ensuring the proper technical condition of sea and river vessels, international legal issues of modern shipping, the trans-Arctic transport corridor with the analysis of its status and possible development prospects, good maritime practice with the issues of interpretation and enforcement, issues of forensic water transport examination, and many others. Following the conference, there has been adopted a resolution containing a number of proposals for the development of maritime and fluvial law, as well as forensic activities in this area.

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Vladimir M. Redkous. Experience of legislative regulation of crisis prevention and preparation in the Republic of Moldova

UDK: 343.31

DOI: https://doi.org/10.30932/2500-1868-2026-58-2-22

Vladimir M. Redkous - Doctor of Law, Professor, Security Problems Studies Center of RAS, Institute of State and Law of RAS, Moscow, Russia

Abstract. For the Russian Federation and CIS member states, the issue of promptly responding to crises arising from both external and internal factors is of great urgency and importance. Crises are most often related to public security, as an independent form of national security, as understood by most legislators in the Commonwealth. The current paper has presented the experience of legislative regulation of crisis prevention and preparation in the Republic of Moldova, implemented within the framework of Chapter II of the Law of the Republic of Moldova No. 248 of July 10, 2025, “On Crisis Management”. The presented material can help expand the methodological framework for scientific research on crisis prevention and preparation, which can be taken into account in the lawmaking and law enforcement activities of authorized bodies in the Russian context.

The current paper has been prepared as part of the implementation of the state assignment “Comprehensive study of public security issues as a strategic priority of national security of the Russian Federation (FFFZ-2025-0001)”.

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Aleksey Al. Konik. A comparative analysis of the legal regulation of unmanned aerial vehicle in Europe and Asia

UDK: 347.85: 629.735.05-519(4+5)

DOI: https://doi.org/10.30932/2500-1868-2026-58-2-21

Aleksey Al. Konik - Putilin Belgorod Law Institute of Ministry of the Interior of Russia, Belgorod, Russia

Abstract. The current paper has presented a comprehensive comparative legal study of approaches to regulating unmanned aerial vehicles that have been developed in European and Asian jurisdictions. There have been analyzed conceptual models for integrating unmanned aerial vehicles into national airspace, ranging from total centralization and administrative licensing to a risk-based approach and experimental legal regimes. There has been studied in detail the issue of extraterritorial application of regulations, jurisdictional conflicts, and data protection and privacy standards when using unmanned aerial vehicles. The theoretical basis of the study has been formed by legislative and other regulatory acts of European and Asian countries, scientific reports, and research by foreign and Russian scholars. The study results have revealed the specifics of legal regulation of unmanned aerial vehicle in Europe and Asia. A comparative legal analysis of scientific materials, legislative acts, and other regulations has established that the European model for regulating unmanned aerial vehicles is based on a risk-based approach, which reduces administrative barriers while maintaining high safety standards. The Asian approach emphasizes strict government control and centralized planning for the use of unmanned aerial vehicles, which is effective for defense and public safety but creates barriers to innovative logistics. The conducted analysis has demonstrated that the development of an effective legal framework for unmanned aerial vehicles is in a dynamic development stage, even in countries that are dominant in this industry. Despite the existence of objective tendencies towards the convergence of legal institutions implemented by the International Civil Aviation Organization, it seems doctrinally justified to single out the set of rules governing relations regarding the use of unmanned aerial vehicles as an independent legal institution.

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Svetlana V. Gusarova. A historical and legal analysis of rail transport security in Russia in the 19th century

UDK: 347.822:351.814

DOI: https://doi.org/10.30932/2500-1868-2026-58-2-20

Svetlana V. Gusarova - Candidate of Pedagogical Sciences, Associate Professor, The All-Russian State University of Justice (RLA of the Ministry of Justice of Russia), Moscow, Russia

Abstract. The current paper has analyzed the development of regulatory frameworks for rail transportation security in Russia in the 19th century. There has been studied the period from the construction of the Tsarskoye Selo Railway (1836) to the time of adoption of the General Charter of Russian Railways (1885). There have been considered the key stages of codification of railway legislation and identified factors that hindered the development of systemic security regulations. Particular attention has been given to the analysis of major accidents as catalysts for the lawmaking process. In the conclusion there has been substantiated the role of the General Charter of Russian Railways in enshrining the priority of traffic safety as a mandatory norm and creating a legal framework, elements of which are retained in modern transport legislation.

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Yuri Al. Tarasenko. Sources of transport law: reflections on the origin and nature

UDK: 347.4

DOI: https://doi.org/10.30932/2500-1868-2026-58-2-19

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

Abstract. Contemporary legal doctrine is still debating the relationship between the categories of “source” and “form” of law, resulting in terminological ambiguity and complicating law enforcement. The purpose of the current study was to conceptually distinguish between these categories and identify their sectoral specificity in the field of transport regulation. Particular attention has been paid to the analysis of the nature of the regulatory framework that forms the legal framework for transport activities, as well as the mechanisms for their external enforcement in the context of fragmented sectoral legislation. The work has been based on a general theoretical analysis, a dogmatic method, and a systemic-structural approach. There has been substantiated the inefficiency of equating the source and form of law. There has been established that the source of law is the will of the state or other entities, which serves as the primary cause for the emergence of normative prescriptions, while the form is the external expression and official method of recording these rules. Since transport law is characterized by the absence of a unified code and the complex technical nature of relations, there has been formulated a definition that the source of transport law is an officially recognized procedure for the manifestation of regulatory will, embodied in an established legal form, possessing formal certainty, general bindingness and applicability in law enforcement activities. The study results allow eliminating theoretical contradictions, optimizing the choice of legal mechanisms, and resolving conflicts between acts of varying legal force. The conclusions can be applied for lawmaking, judicial practice, and academic teaching. The paper has enriched legal theory by clearly separating the substantive basis and procedural formulation of norms.

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Kirill An. Maslov. Issues of legal support to the competitiveness of maritime container shipping in the line traffic on the Northern Sea Route

UDK: 347.79; 656.615

DOI: https://doi.org/10.30932/2500-1868-2026-58-2-18

Kirill An. Maslov - Managing Partner, Saint Petersburg Law Firm “Inmarin”, Saint Petersburg, Russia

Abstract. The current paper has considered the issues of legal support to the competitiveness of maritime container shipping in the line traffic on the Northern Sea Route. The work is of great relevance due to the necessity to develop legal support for container shipping on the Northern Sea Route as an alternative to traditional traffic. The study has determined a contradiction between the principle of regular line shipping and route restrictions, which becomes the problem of risk allocation and fulfillment of obligations. The operation of line container services along the Northern Sea Route must be accompanied by solutions to a number of existing issues, including the legal nature of line services, the transformation of contractual models, the definition of the parties and legal status of the line operator in its relations with the parties involved in the transportation, and the allocation of risks and liabilities among the parties involved in cargo transportation. There has been noted the necessity to adapt existing liability mechanisms to the specifics of container shipping on the Northern Sea Route and implement the concept of “managed risk”. There has been concluded that a special private-law model for line shipping along the Northern Sea Route is essential, with the Russian container line operator playing a decisive role.

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Dmitry V. Gromovoy. The evolution of the application of the International Safety Management Code as a factor to modernize legal regulation of navigation safety on inland water transport of the Russian Federation

UDK: 656.6

DOI: https://doi.org/10.30932/2500-1868-2026-58-2-17

Dmitry V. Gromovoy - Senior Advisor to the Maritime Logistics Department, JSC “Sakhalin-Morneftegaz-Shelf”, Yuzhno-Sakhalinsk, Russia

Abstract. The current paper has presented a comprehensive analysis of the application of the International Safety Management Code (ISM Code) as a cornerstone of the modernization of legal regulation of navigation safety on inland water transport of the Russian Federation. The relevance of the study is in the persistently high proportion of human factors in the causes of maritime accidents, the aging of a significant portion of the fleet, the necessity to harmonize national legislation with the standards of the International Maritime Organization, and the transition to risk-based supervision models. The purpose of the current work was to identify legal conflicts and gaps arising in the process of implementing the ISM Code into the Russian legal system, and to formulate legal proposals aimed at improving the efficiency of Safety Management Systems (SMS) in maritime and inland water transport. There has been argued that the evolution of the ISM Code, complemented by the development of voluntary industry instruments from the OCIMF (TMSA, OVMSA), is catalyzing a shift in emphasis from a technology-centric regulatory model to a management-oriented paradigm focusing on security and safety, and the institutional independence of the designated person ashore (DPA). There have been proposed to make the regulatory specification of the abstract provisions of the ISM Code in national law and to strengthen practice-oriented oversight of the actual, rather than formal, performance of the SMS.

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Khaled Issa Fouad Abu ElAUF. Maritime security enforcement in the Bab el-Mandeb Strait: challenges and solutions

UDK: 355.48

DOI: https://doi.org/10.30932/2500-1868-2026-58-2-16

Khaled Issa Fouad Abu ElAUF - Assistant Professor of International Law at the Faculty of Law, University of Jerash, Jordan

Abstract. The current paper has presented the study of the issues of maritime security enforcement in the Bab el-Mandeb Strait, a strategically important chokepoint connecting the Red Sea and the Gulf of Aden. A significant share of international trade and energy supplies passes through the strait, deriving its geopolitical and economic importance. There has been analyzed the role of international legal mechanisms and UN Security Council resolutions in protecting maritime routes. Particular attention has been paid to the threats posed by the Houthis group as a key non-state actor influencing regional security. There have been studied the response measures of states and international organizations aimed at mitigating these threats. The conclusions of the study have confirmed that the threats in the Bab el-Mandeb Strait pose a threat to regional and international maritime security. To minimize these threats, there has been proposed to strengthen international cooperation and develop coordination mechanisms to ensure the protection of this route and the stability of global trade.

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Alina An. Prokudina. International cooperation of BRICS countries to ensure transport security under restrictive economic measures

UDK: 343.702

DOI: https://doi.org/10.30932/2500-1868-2026-58-2-15

Alina An. Prokudina - Main Military Prosecutor’s Office of the Russian Federation, Ekaterinburg, Moscow, Russia

Abstract. The current paper has considered the key stages in the development of diplomatic relations among BRICS countries to ensure transport security through the development of international transport corridors aimed at strengthening political, customs, and legal connection with the member states of the interstate association. There have been analyzed the key areas for the development of transport and logistics routes, taking into account the current foreign policy and international economic situation.

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