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Transport and Transport Law: Historical Relationship and Prospects Background 64 https://doi .org/10 .30932/1992-3252-2019-17-3-56-70 Transport and Transport Law: Historical Relationship THEORY and Prospects Dukhno, Nickolay A., Russian University of Transport, Moscow, Russia*. Nickolay A. DUKHNO ABSTRACT When considering the current The article, dedicated to the 210 th state of transport law in Russia, anniversary of creation of a single various approaches to the Russian transport administration and composition and degree of autonomy transport education and based on of the transport law area, as well as historical information, analyzes the certain regulatory issues, are relationship between development of analyzed. transport and transport law in Russia. The general tasks of transport law The increasing need for legal in the sphere of regulation of the most regulation of more and more relevant fields of transport activity complicated and increasingly complex are determined, the possibility of transport relations comprises creating a single code of transport development of transport law as one of legislation and legal norms, the the key tasks in achieving the goals of importance of intensifying transport the transport industry. and legal research are substantiated. Keywords: transport law, transport, transport relations, transport legislation, science of transport law, legal relations, transport safety, state law, civil law. *Information about the author: Dukhno, Nickolay A. – D.Sc. (Law), professor, director of Law Institute of Russian University of Transport, Moscow, Russia, [email protected]. Article received 14.03.2019, accepted 27.06.2019. For the original Russian text please see р. 56. • WORLD OF TRANSPORT AND TRANSPORTATION, Vol. 17, Iss. 3, pp. 56–70 (2019) Dukhno, Nickolay A. Transport and Transport Law: Historical Relationship and Prospects Background. development of the engineering culture in Russia . The development of public relations confirms These particularly significant decisions led Russia the historical relationship of development of to breakthrough railway construction, resulted in transport and of legal regulation of transport the rise of industry and in strengthening of relations, traced from the earliest times . With international relations, which facilitated Russia’s formation of statehood as long ago as in Ancient rise to the heights of a new technical culture . A Rus’ (as Russia was called at the epoch), and then great contribution to the positive resolution of the with development of internal and external water discussion [see, for example, 2] on construction of and land routes in medieval Rus’, a need arose to railways was made by the works of P .P .Melnikov govern and regulate transportation . The first legal [3] . norms began to appear that governed the relations The start of operation of the first railways regarding those first modes of transport . Traces of required appropriate legal regulation of their legal regulation of transportation are visible in the activities, as well as improvement of the norms first written code of laws «Russkaya Pravda» [that related to the transportation process involving can be literally translated as Russian Truth] by several modes of transport . As a result, during the Yaroslav the Wise in 1016, where the legal norms reign of Nickolay I, the regulatory legal acts of civil and criminal law were interlinked [1] . The governing the transportation process were combination of the words «transport» and «law», substantially updated . In 1842, the content of the merged into one capacious category «transport Code of Laws of the Russian Empire was law», had come into use already before 20th century . supplemented by 820 articles regulating the 2019 is a jubilee year for the Russian transport procedure for water and land transportation in administration and transport education . 210 years Russia, while the terms associated with railway ago, in 1809, the corps of railway engineers and an communications were not highlighted due to institute under its auspices were established, laying insufficient legal practices . the foundation of modern transport education; By the middle of 19th century, the conditions legal regulation of transport administration was had matured for the reform of Russian transport strengthened; the Department of Water and Land law . In 1857, the Code of Laws of the Russian Communications, first single transport Empire incorporated Volume XII «Code of administration body in the history of Russia was Institutions and Charters of Railways» [4] . This created, replacing the Department of Water historical stage is characterized as a process of new Communications and the Expedition for Road development of transport law, consisting of legal Construction in the State . norms of various sectoral lines, forming the This date gives a legitimate reason to analyze complexity of legislation . the genesis of transport law in Russia and assess Technical progress, reflected in rapid the current problems and tasks associated with its construction of railways, as well as in fundamental development . changes in the legal system of Russia, thanks to The objective of the work is to determine the adoption in 1864 of legal documents that modern problems of transport law, including its fundamentally changed the legal proceedings, problems as of a field of scientific research . putting them on the basis of an objective and fair The author used general scientific methods, resolution of court cases, led to further improvement methods of formal legal, comparative legal and of public administration of the transport industry historical legal analysis . and to enhancement of transport law . In 1865, the Results. Ministry of Railways was created, endowed with Development of transport law in 19th century broad powers to build an extensive network of The decisions that laid the foundation for railways . The further development of railway creation of a single governing body in transport transport prompted preparation and adoption of field and of transport education were based on state new legislative acts, the need for which grew in and economic reasons, and were further developed progression, equal to the growth of the railway under the influence of technical achievements of network . In 1879, experts developed the foundations their time, primarily under the influence of a new of the first «Charter of Railways», and on June 12, 65 type of traction, a newly born steam locomotive . 1885, Alexander III signed and put into effect the Together, technological progress and the new first «General Charter of Russian Railways», which system of transport education, founded by got the status of law . The Charter became the legal Alexander I, gave a powerful impetus to basis for the activities of railway transport . This • WORLD OF TRANSPORT AND TRANSPORTATION, Vol. 17, Iss. 3, pp. 56–70 (2019) Dukhno, Nickolay A. Transport and Transport Law: Historical Relationship and Prospects legal document enshrined the rules governing connection with transport activity, increasing its 66 maintenance and operation of railways, the norms security, and efficiency for citizens and business governing management of railways, transportation manifests itself even more clearly . of passengers and goods . The Charter of Railways Transport law continues to develop under the included: «Section on transportation of passengers influence of the need for further development of and goods by rail»; «Section on the rules on transport relations, dictated by the tasks of jurisdiction and limitation of railway claims and transport development, defined in the strategic on the procedure for execution of decisions on program documents of Russia, aimed at creating claims to the railways»; «Section of railway police conditions conducive to economic growth, regulations» [5] . This legal document combined increasing competitiveness of the national the norms of different legal branches, becoming economy and improving quality of life of the thus the general regulatory instrument of transport population, creating affordable, safe and high- relations, confirming the vital necessity of existence quality transport services [8] . of transport law and of establishment of a unified Currently, transport law represents a large transport legal order . volume of various legal concepts, theoretical The strengthening of the legal foundations of provisions, legal ideas, legal principles, followed transport activities was initiated under the by a huge number of laws, and an even greater pressure of two factors . The first originated from number of various regulatory legal acts adopted the process of development of transport by executive authorities, supplemented by technologies, which went along the lines of numerous corporate legal documents . industrialization . The second factor was associated For a complete solution of the tasks set, the with the growing need to enhance and improve legal norms of constitutional law, administrative the quality of transport services . The full law, financial law, civil law, environmental law, implementation of both factors could not be labour law, intertwined with departmental and carried out without the appropriate legal corporate legal norms, regulating transport regulation, without creation and development of relations, form transport law in its dialectical transport law . unity . Being in the core of administrative transport On modern approaches to transport law relations, state-administrative relations; A brief historical analysis of the process of administrative and procedural relations; control
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