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INTERNATIONAL

lated in sufficient detail and comprehensively. Develop- tion of environmental pollution, organization of rail
ing initially on the basis of customs, and then on the basis transport, financing Inland waterway and sea trans-
of judicial precedents, at present, the rules governing the port, etc.
operation of transport in England
have received extensive consolida- "The need for streamlining In addition, it is possible to iden-
tion in numerous consolidated acts, tify and acts aimed at regulating
the active adoption of which began legal regulation that arose in contractual relations in transport.
to be carried out from the middle These include, Carriage of Goods
the course of the development
of the XIX century and continues by Sea Act 1992; Carriers Act 1830;
today. Carriage by Air (Supplementary
and complication of social
Provisions) Act 1962; Canal Carri-
The legal regulation of social rela- relations led in the seventeenth ers Act 1845; Carriage of Goods Act
tions arising in the field of transport 1971.
in England is currently being im- century to the development of As for the formation and develop-
plemented both through the adop- ment of the legal regulation of pub-
statutory law in France."
tion of general consolidated acts lic relations in the sphere of trans-
on transport: Transport Act 2000; port in France, it should first of all
Transport Act 1985; Transport Act 1968; Transport Act be noted that it is based on the specifics of the Romano-
1983; Transport Act 1985; Transport Act 1985 (Extension German legal family, of which France is a vivid represent-
of Eligibility for Travel Concessions) Order 1986; Trans- ative. In this regard, for France (unlike England) is very
port Act 1962; Transport Act 1980; Transport Act 1981, characteristic division of the right to public and private,
and by regulating the public relations that arise in the as well as extensive codification (more than 60 codes).
functioning of various modes of transport Road Traffic
Act 1988; Road Traffic (Driver Licensing and Informa- Transport law in France developed initially on the basis
tion Systems) Act 1989; Road Traffic Regulation Act 1984; of customs. The need for streamlining legal regulation
Railways Act 1993; Civil Aviation Act 1982; Civil Avia- that arose in the course of the development and compli-
tion (Eurocontrol) Act 1983; Railways Act 1974; Railways cation of social relations led in the seventeenth century to
Act 2005; Maritime Conventions Act 1911; Civil Aviation the development of statutory law in France. In particular,
Act 2006. the Ordonnance de la marine, already mentioned by us,
was the first experience of rationing merchant shipping
So, for example, the Merchant Shipping Act 1995 is essen- in a legislative way, combining the norms of private and
tially analogous to the Code of Merchant Shipping of the administrative law. The structure of the Ordonnance de la
Russian Federation of the Russian Federation and regu- marine is five books: 1. about the Admiralty; 2. on mari-
lates a variety of social relations developing in the field time and marine vessels; 3. on maritime contracts, such
of merchant shipping, such as the registration of British as hiring ships and people, insurance, accidents, wills of
vessels, the requirements for the crew vessels, calculation the deceased during the voyage; 4. about the port and
of salaries to crew, duties to establish the ship's seaworthi- coastal police; 5. on sea fishing.
ness, disciplinary offenses of the crew, safety and health of
seamen's work, requirements for fishing vessels and their The nineteenth century was marked by the adoption of
crew, rescue operations, ship accidents, rendering Assist- another well-known monument of European law - the
ance to vessels in distress, recovery of sunken property, Code of Commerce in 1807 (Code de commerce 1807),
transportation of passengers and baggage, limitation of whose second book almost fully reproduced the Or-
liability for maritime claims, prevention of pollution from donnance de la marine rules, with one exception: since
ships, investigation of crimes and jurisdiction of ships. the norms of transport law were included in the Code
de commerce, the legislator Was forced to exclude the
A significant number of acts are devoted to the finan- norms of an administrative nature, with which the leg-
cial and organizational aspects of transport, as well as islation of the seventeenth century was saturated. Cur-
to its safe functioning and environmental regulation rently, France has a new Commercial Code of 2000,
of transport activities (Aviation and Maritime Security adopted taking into account the applicable provisions
Act 1990, Railways and Transport Safety Act 2003). of EU law and replacing the Code de commerce of
Thus, for example: Transport Act 2000 addresses the 1807 that was in effect for almost two centuries. At
issues of air traffic control and air navigation services, the same time, it should be noted that the Commercial
licensing of transport activities, fees for air transpor- Code of 2000, unlike its predecessor, excluded from its
tation, organization of municipal transport and bus membership rules on the regulation of social relations
transportation, traffic conditions, reduction or restric- arising from commercial navigation. Moreover, despite

INTERNATIONAL DIPLOMAT - DIVA 25