The Agreement for the Operation of Non-Public Tracks in the System of Contractual Obligations in Belarus and Russia

作者：Larisa Kozyrevskaya · 发表于：Legal Concept · 年份：2022 · DOI：10.15688/lc.jvolsu.2022.4.5 · 被引用次数：5 · 研究领域：Law, logistics, and international trade

Introduction. In the Republic of Belarus and in the Russian Federation, the railway holds a key place in the freight transportation system. Therefore, special attention is paid to the issue of the formation of appropriate infrastructure, including the construction and operation of auxiliary facilities, in particular, non-public tracks, which requires the development and improvement of appropriate legal forms. One of these forms is the agreement for the operation of a non-public track, which is introduced by acts of special legislation, primarily by the Charter of Public Railway Transport in Belarus and in Chapter 4 of the Charter of Railway Transport of Russia dated January 10, 2003, No. 18-FZ. In legal science, the legal essence of this agreement is debatable. The specified agreement is classified both as an organizational one, and as a services agreement, and as a special transport agreement (an independent agreement-based type), and as a mixed property agreement. Meanwhile, in the transport legislation, the specified agreement is settled as concisely as possible, which can potentially lead to collisions and disputes between the participants in the transportation relationship. Therefore, the purpose of the proposed study is an attempt by means of comparative legal analysis to identify not only the content of obligations arising on the basis of an agreement for the operation of a non-public track, but also to assess the prospects and ways of developing the legal regulation o...