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INTERNATIONAL

Formation, development and modern trends in

legal regulation of public relations from trans-

port activities in Russia, Eiila.ul and France

by Ms Irma Aleksandrovna Strelnikova

Candidate of legal sciences, associate professor,
State University of management, Russia, Moscow

Transport activity is currently one of the most important types of entrepreneurial ac-
tivity. In this connection, the issues of effective organization and functioning of the
transport system are one of the leading directions of the activity of any state. In the
process of transport activity, certain social relations are formed, the legal regulation
of which is carried out with the help of a special set of norms, called transport law.

This article is devoted to study of the evolution of transport legislation in Russia and European countries. Appeal to
the European experience of legal regulation of public relations from activities of transport and European legal doc-
trine is undoubtedly relevant to, as is known, comparative jurisprudence makes it necessary to look at other concepts
from different angle and to reveal their real significance in national law.

Keywords: transport law, transport legislation, transport activities, legal regulation, transport code.

The term "transport law" appeared in Russian and Eu- a transport nature, which were developed in the following
ropean legal science at the end of the XIX century and areas: 1. the imposition of transport taxes; 2. the organiza-
is now so firmly entrenched in it that in itself it does not tion of nationwide routes of communication; 3. state-owned
cause objections from the scientific community and is natural transport duties; 4. transportation of mail [1].
generally accepted. At the same time, the legal regulation
of social relations that arise in the process of transport As noted in the legal literature, transport law in its mod-
activity originated both in Russia and European coun- ern sense was born in Russia only during the reign of Peter
tries much earlier, and began to develop gradually along I. This can be explained by the fact that, even before the
with the emergence and development of certain modes of reign of Peter I, separate acts regulating various aspects of
transport and the emergence of various social relations transport activity were adopted, only at the beginning of
emerging in the process of their exploitation. the XVIII century, the legal regulation of public relations
from transport activities begins to acquire features with
The oldest forms of transport were river and sea trans- respect to a harmonious system of norms.
port. That is why the legal regulation of public relations
from the activities of transport began with the regulation At this stage, water transport was a priority area, therefore
of shipping and transportation of goods along water- it was not by chance that it was in the reign of Peter the
ways. Russia was located on the great sea route "from the Great that Russian maritime legislation began to develop
Varangians to the Greeks' as a result of which the river actively, as evidenced by the July 20, 1720 edition of the
and sea navigation was actively used, as evidenced by the Evers Charter, which detailed the relationship between
agreements of Russians with the Greeks under Prince shipowner and shipper, set the time Load and unloading,
Oleg and under Prince Igor (late 800s - early 900s. AD). distributed the costs of loading and unloading. In case of
In general, at the stage of its inception, the legal regulation damage, the damage incurred by the eyewitness account-
of public relations from transport activities developed on ed for by the ship's owner, and the loss for the goods was
the basis of customs along with trade and customs law. carried by the merchant. [2]

In the 14th-17th centuries, transport activities, along with the In contrast to the reign of Peter the Great, whose legisla-
customs, began to be regulated by special norms that were of tive regulation was carried out in strict imperative forms

22 DIVA - INTERNATIONAL DIPLOMAT