Особенности управления железнодорожным транспортом : экономические и юридические аспекты = Features of Railway Transport Management: Economic and Legal Aspects



Е.И. Данилина, А.А. Чеботарева, Я.И. Маликова, В.Е.Чеботарев, Д.В. Горелов



ОСОБЕННОСТИ УПРАВЛЕНИЯ ЖЕЛЕЗНОДОРОЖНЫМ ТРАНСПОРТОМ:
ЭКОНОМИЧЕСКИЕ И ЮРИДИЧЕСКИЕАСПЕКТЫ

Монография

На английском языке








Москва Издательско-торговая корпорация «Дашков и К°» 2023

E.I. Danilina, A.A. Chebotareva, Ya.I. Malikova, V.E. Chebotarev, D.V. Gorelov



FEATURES OF RAILWAY TRANSPORT MANAGEMENT: ECONOMIC AND LEGAL ASPECTS


Monograph

Moscow Publishing and Trading Corporation "Dashkov & Co." 2023

УДК 656:[33+34]
ББК 39:[65+67]
    Д18


Рецензенты:
     Герасимова Лариса Николаевна — доктор экономических наук, профессор Российского экономического университета им. Г.В. Плеханова;
     Борисова Ирина Сергеевна — доктор экономических наук, доцент Института образовательныхтехнологий и гуманитарныхнаук (Москва)



     Текст переведен на английский язык Александром Розановым.



     Данилина, Елена Ивановна.
Д18 Особенности управления железнодорожным транспортом : экономические и юридические аспекты = Features of Railway Transport Management: Economic and Legal Aspects : монография : на англ. яз. / Е.И. Данилина, А.А. Чеботарева, Я.И. Маликова, В.Е. Чеботарев, Д.В. Горелов. — Москва : Издательско-торговая корпорация «Дашков и К°», 2023. — 116 с.
        ISBN 978-5-394-05303-0.
        В монографии представлены теоретико-методологические основы международно-правовых и внутригосударственных правоотношений, связанных с административно-правовым регулированием управления железнодорожным транспортом в Российской Федерации. Подробно изучены современные реалии в транспортной сфере, отражены существующие недостатки и недоработки, позволяющие провести критический анализ с формулированием предложений по внесению определенных изменений и новшеств в международное право и российское законодательство.
        Для научных работников, специалистов, а также студентов и магистрантов, обучающихся по направлениям подготовки «Юриспруденция», «Менеджмент».





ISBN 978-5-394-05303-0

                                © Данилина Е.И. и др., 2023
© ООО «ИТК «Дашков и К°», 2023

UDC 656:[33+34]




Reviewers:
     Larisa N. Gerasimova, Doctor of Economics, Professor of Plekhanov Russian University of Economics (Moscow)
     Irina S. Borisova, Doctor of Economics, Associate Professor at the Institute of Educational Technologies and Humanities (Moscow).



The text is translated to English by Alexander Rozanov.



   Danilina, E.I.
       Features of Railway Transport Management : Economic and Legal Aspects : monograph : in English / E.I. Danilina, A.A. Chebo-tareva, Ya.I. Malikova, V.E. Chebotarev, D.V. Gorelov. — Moscow : Publishing and Trading Corporation "Dashkov & Co.", 2023. — 116 p.
       ISBN 978-5-394-05303-0.
       The monograph presents the theoretical and methodological foundations of international legal and domestic legal relations related to the administrative and legal regulation of railway transport management in the Russian Federation. The modern realities in the transport sector are studied in detail, the existing shortcomings and shortcomings are reflected, allowing for a critical analysis with the formulation of proposals for introducing certain changes and novelties into international law and Russian legislation.
       The monograph is recommended for researchers, specialists, as well as students and undergraduates studying in the field of training «Law», "Management".








Copyright© Danilina E.I. etal., 2023
Copyright© Publishing and Trading Corporation "Dashkov & Co.", 2023

                TABLE OF CONTENTS





Introduction............................................7
Chapter 1. GENERAL CHARACTERISTICS OF ADMINISTRATIVE AND LEGAL REGULATION OF MANAGEMENT OF RAILWAY TRANSPORT.....................18
   1.1. The concept of the system of administrative and legal regulation of railway transport management in the Russian Federation..........................18
   1.2. Historical foundations for the formation of the management of railway transportation in foreign economic activity........................30
   1.3. Features and problems of rail transportation in foreign economic activity........................38
Chapter 2. CONVENTIONAL SYSTEMS OF ADMINISTRATIVE AND LEGAL REGULATION OF RAILWAY TRANSPORT
IN FOREIGN ECONOMIC ACTIVITIES.........................55
   2.1. Features of the administrative and legal management of the conventional system of international rail transportation COTIFCIM............................55
   2.2. System of the Agreement on International Rail Freight Traffic (SMGS)......................................64
   2.3. Problems of approximation of SMGS and COTIF-CIM rules.................................75
Chapter 3. ISSUES OF DEVELOPMENT AND IMPROVEMENT OF THE MANAGEMENT OF INTERNATIONAL RAILWAY
TRANSPORTATION IN     FOREIGN ECONOMIC ACTIVITIES......92
Conclusion ...........................................105
References............................................109

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                INTRODUCTION





     The topic of the study is devoted to the administrative and legal regulation of railway transport management in foreign economic activity.
     The relevance of the topics is linked to the following provisions.
     Modern rail transport has a great influence on the formation of interregional ties in international cooperation. Many state bodies are involved in the railway infrastructure, as well as a large number of officials, individuals and legal entities. Currently, the railway transport of the Russian Federation is entering an era of reconstruction associated with the market nature of the economy.
     However, many regulations in the field of foreign economic activity by means of railway transport duplicate each other or suffer from inconsistencies, which makes their practical application difficult.
     The legal regulation of rail transportation for the Russian Federation is carried out by bilateral and multilateral agreements. The problems are associated with the fact that the country is in the SMGS railway legal system, while the countries of Europe are in the COTIF-CIM system. The provisions of both conventions do not provide for prohibitions on the activities of their participants in other international conventions.
     Nevertheless, the presence in the European space of two systems in the field of railway transport leads to difficulties in the

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international transportation of goods between these zones, as well as between Russia and Europe. The problem can be solved by creating a system of fixed rules at the junction of two systems. It is necessary to develop and adopt a uniform act for both Russia and the European Union on cross-border transportation of goods. The integration of the two railway legal systems, despite its difficult achievability, nevertheless, is in the interests of the states of both systems and should be carried out in the future.
     Based on the foregoing, the purpose of this monograph is to study the legal provisions of the administrative and legal regulation of railway transport management in foreign economic activity.
     The stated goal requires the resolution of the following tasks:
   - study of the general characteristics of the administrative and legal regulation of railway transport;
   - designation of the conceptual apparatus of the system of administrative and legal regulation of railway transport management in the Russian Federation;
   - appeal to the historical foundations of the formation of the management of railway transportation in foreign economic activity;
   - study of the features and problems of rail transportation in foreign economic activity;
   - analysis of conventional systems of administrative and legal regulation of railway transport in foreign economic activity;
   - comparative analysis of railway transport management systems in foreign economic activity;

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   - consideration of issues of convergence of railway transport management systems;
   - study of the possibilities of development and improvement of the management of international transportation by rail in foreign economic activity.
     The object of the study are international legal norms governing the general provisions concerning the administrative and legal regulation of the management of railway transport in foreign economic activity.
     The subject of the research is based on international legal provisions of the Russian legislation, the legislation of foreign countries, the conventional provisions of international law governing the management of railway transport in foreign economic activity.
     The research methods were applied, first of all, with the use of the logical and legal apparatus. To a large extent, in conjunction with general scientific and private methods, the comparative legal method and system analysis were used.
     Issues related to the problems of legal regulation of railway transport management in foreign economic activity, in addition to Russian legislation and international conventions, are reflected in many works of such jurists as: D.Kh. Bekkaliev, V.N. Buckwheat, I.D. Danilov, V.P. Zhukov, K.N. Kolodyazhny, O.N. Sadikov, K.V. Kholopov, I.I. Shatskaya, M.G. Shilin and other authors.
     Scientific novelty. This work is one of the few scientific studies that consider international legal and domestic legal relations related

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to the administrative and legal regulation of railway transport management in the Russian Federation in the light of the provisions of modern realities in the area under consideration, in which certain shortcomings and shortcomings are found that allow them to be critical. analysis with the formulation of proposals for introducing certain changes and novelties into international law and Russian legislation.
     Based on the foregoing, the following provisions were formulated:
     1.      The functioning of railway transport is recognized as impossible without highquality systematic management activities based on legislative requirements, which gives all elements of the management process the necessary consistency, rationality, efficiency and purposefulness. The rail transport management system is based on the social policy of the country and is closely linked with other modes of transport. The administrative and legal management of this branch of the economy and social life, in addition to its defining purpose, is the basis for legal relations in this area and the main regulator of the entire volume of passenger and freight traffic both within the country and in the field of foreign economic relations.
     2.      The organization of cargo flows is impossible without a systematic management, consisting of many management decisions, actions and their meaningfulness on the part of officials. The difficulty lies in the absence of the concept of a management system, which is absent both in legal and state science.

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     The lack of a unified definition of the control system is associated with the complexity and versatility of the control process itself, as a result of which a situation arises in which the control process takes place, but its definition is missing.
     According to the philosophical approach, a system should be understood as a set of elements, subsystems that are connected and in certain relationships, forming a unity among themselves. Despite the many definitions of the concept of "system", it is management that is an important component of any system, and as a result, both concepts.
     3.       The railway transport management system is, on the one hand, one of the subsystems of the management of society with a certain internal organization and the presence of certain functions, and on the other hand, it is a system in the narrow sense, as an industry feature and having a connection with other systems with a certain development perspective in the presence of its own subsystems, representing is a set of such features as an integral complexity of interrelated elements, which in turn is an integral part of a more complex management system with the presence of internal and external links, both between parts of the system and with the environment. The control system is a hierarchical structure with components, elements, structural formations, having the properties of change in accordance with the prevailing reality.
     At the same time, public administration is of decisive importance for railway transport, acting as the main regulator of the transportation of goods and passengers, as a form of exercising its

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