Page 25 - DIVA_1_2018
P. 25
INTERNATIONAL
in all spheres of activity, the reign of Catherine II was developing in the sphere of transport activity, which in its
marked by the liberalization of economic relations and turn contributed to the establishment of Russian trans-
the rise of the economy, including in the field of trans- port law at the turn of the 19th century, as well as the
port. The impetus for this was the lasting fixing in science its term.
Industrial development
manifesto issued in 1775, permit- Carrying out the legal regulation of
ting the free establishment of any public relations from transport ac-
in the XIX century brought to
enterprises, which in turn stimu- tivities, the pre-revolutionary legis-
lated the development of the trans- life new types of transport lator sought to build it on the basis
port system. It was from that time of the adoption of complex codified
began the creation of a harmoni- (railways, steam navigation) and acts. These acts affected by their le-
ous state system for maintaining gal regulation different in their legal
led to the expansion of transport
roads and a network of state postal nature of public relations, formed
stations and post offices. Uniform communications, which in the field of transport, and com-
rules of service were introduced, bined, along with civil law and the
forms of travel documents - pass- necessitated the adoption of rules of other industry (administra-
ports, roadside waybills for cargo. tive, land, etc.). The noted tendency
The further development of ship- special laws regulating the will be maintained even with the
building and the complication of further development of the legal
functioning of the
maritime trade relations led to the regulation of public relations from
publication in 1781 of the Charter transport industry. transport activities in Russia, which
of the Merchant Shipping Compa- will predetermine the generally
ny, which consisted of three parts, complex nature of Russian trans-
exemplified by the French maritime charter of 1681 Or- port law and transport legislation at the present stage.
donnance de la marine. [3].
In connection with the change of the system and many
Industrial development in the XIX century brought to life public upheavals that affected the entire territory of the
new types of transport (railways, steam navigation) and former Russian Empire, during the Soviet period the reg-
led to the expansion of transport communications, which ulatory base, primarily railway transport, was actively de-
necessitated the adoption of special laws regulating the veloped, expanded and processed. Already in 1920, three
functioning of the transport industry. years after the October Revolution, the Decree of the
Council of People's Commissars of the RSFSR of August
A particularly significant event at this stage was the emer- 16, 1920 adopted the General Charter of the Railways of
gence of a regulatory framework for the operation of rail the RSFSR, which replaced the General Charter of the
transport. The first documents regulating the activities of Russian Railways of 1885, which operated for thirty-five
rail transport in Russia were the charter of the Tsarskoye years. Its norms were calculated for the transition period
Selo Railway, the first in Russia, adopted in 1837, and the of Military Communism, fixed the lack of cash settle-
charter of the Main Company of the Russian Railways, ments with cargo owners, and two years later, in connec-
containing a plan for extensive railway construction in tion with the introduction of the New economic policy,
the country. As rightly noted in the scientific literature, the Decree of the Council of People's Commissars of the
each charter of the joint-stock company was considered RSFSR of June 12, 1922 adopted the new Statute of the
as a separate legal act, signed personally by the tsar [4]. Railways of the RSFSR, which reflected changes in the
economic Policy of the country.
The General Charter of the Russian Railways of 1885 was
the first special codified source of railway legislation and The first All-Union Charter of the railways of the USSR,
was of fundamental importance for the further develop- approved by the USSR Council of People's Commissars on
ment of the legal regulation of the activities of railway May 24, 1927, reproduced without changing the norms of
transport in Russia and the social relations that are de- the previous Charter.
veloping in its process. Its peculiarity in comparison with
the statutes adopted in the Soviet era was that it estab- The refusal of contractual regulation of transportation
lished uniform rules of transportation for both state and in favor of their planning was enshrined in the following
private railways. Charter of the USSR Railways, approved by the Council
of the USSR Council of People's Commissars on Febru-
As a result of the legislative work carried out in the 19th ary 10, 1935, No. 232. This Charter enshrined the main
century, a well-developed and well-coordinated system duty of the railways - the implementation of the state plan
of regulatory legal regulation of various social relations for freight and passenger transportation with the least ex-
INTERNATIONAL DIPLOMAT - DIVA 23