Problems of Legal Regulation of Interaction Between Public and Non-public Railway Transport

Abstract

In 2023, the main regulatory document — Federal Law no. 18-FZ “Charter of Railway Transport of the Russian Federation” will celebrate its 20th anniversary, which regulates relations between participants in the transportation process, determines the basic conditions for organizing and carrying out the transportation of goods, empty cars, and the provision of railway transport services public use and non-public use. During the period of validity of the UZhT, this basic law was amended by federal laws issued by legislative bodies related to the reform of the railway industry, but changes and amendments were not made in a timely manner to the by-laws issued by executive authorities within their competence, and to the development of basic laws, which leads to problems for all transportation participants, and this is most visible when organizing the maintenance and operation of non-public routes. In the field of legal regulation of railway transport, there is a fairly large array of regulations, which contain a contradictory nature when used in work. The article discusses problematic issues that arise from untimely legal regulation of the interaction of public and non-public railway transport, as well as the conclusion and execution of contracts for the supply and removal of cars, the operation of non-public railway tracks and their maintenance. In accordance with Art. 2 UZhT non-public railway tracks (PNP) — railway access tracks adjacent directly or through other railway access tracks to public railway tracks and intended to serve certain users with railway transport services on the terms of contracts or to perform work for their own needs.