BILL OF LADING IN LEGAL REGULATION OF FOREIGN TRADE ACTIVITY: FROM PERSONAL SUBSCRIPTION TO ELECTRONIC CRYPTO CODE
- Authors: Inshakova A.O.1, Goncharov A.I.1
-
Affiliations:
- Volgograd State University
- Issue: Vol 23, No 3 (2019)
- Pages: 375-393
- Section: LAW AND DIGITAL TECHNOLOGIES
- URL: https://journals.rudn.ru/law/article/view/22368
- DOI: https://doi.org/10.22363/2313-2337-2019-23-3-375-393
Cite item
Full Text
Abstract
Sea freight was and remains the most popular way of cargo delivery. Transportation of goods by sea routes plays a crucial role in the economy of most countries. The bill of lading acts as a legal instrument and guarantees the interests of participants in foreign trade deals and has a complex legal nature, due to its functionality. The use of electronic documents for formalizing relations between the participants in the maritime transport of goods has become possible due to the rapid development and widespread introduction of information technologies into the property turnover. In the period of digitalization of the Russian economy, the study of the legal regulation of the bill of lading accompanied by special computer software products is relevant and significant. The main purpose of the article is to disclose the essential characteristics of a bill of lading as a trading, title-bearing security from the perspective of the evolutionary development of this legal instrument over several centuries. The authors formulate a number of recommendations for the expanded implementation of electronic document circulation in maritime trade, arguing that, along with the adopted legal acts, should clarify the use of electronic documents when transporting goods by sea. In the Russian Federation, the rules on bills of lading must be supplemented by international agreements, additionally adopt a number of national legal acts in this sphere. The theoretical basis of the research was the studies of Russian and foreign investigators, which examine the relations of entities applying bills of lading in foreign economic activity (Vilkova, 2004; Golubchik, Katykha, 2017; Dubovec, 2006; Inshakova, Kalinina, Goncharov, 2019; Skaridov, 2018 et al.). Methodologically, the present research is based on the authors' materialistic worldview. General scientific methods were used: dialectic, inductive, deductive, analysis, synthesis, generalization, etc., as well as particular scientific methods: formal legal, comparative legal, etc.). As a result of the scientific analysis for the expanded implementation of electronic document circulation in maritime trade, along with the adopted legal acts, the authors proposed to specify the use of electronic documents for the carriage of goods by sea. The rules on bills of lading must be supplemented by international agreements, and a number of national legal acts in this area should be adopted. Suggestions for Smart applications to bills of lading and electronic registration of microchips, which should mark the goods moved by foreign trade deals, which will positively affect the increase of the rule of law at the domestic level through more precise electronic customs, tax, currency control. It is substantiated that in the aspect of the implementation of economic relations, digital registration acts a preventive and prophylactic function - reducing potential conflicts. To realize the benefits of smart applications to bills of lading, it is recommended to develop and adopt a set of legal norms of legislative and sub-legal level governing public relations in the digital economy, implementing these smart applications to bills of lading implementing business practice and inter-jurisdictional polysubject blockchain.
About the authors
Agnessa O. Inshakova
Volgograd State University
Author for correspondence.
Email: gimchp@volsu.ru
SPIN-code: 4281-4328
Doctor of Legal Sciences, Professor, Head Department of Civil and International Private Law (Basic Department of the Southern Scientific Center of the Russian Academy of Sciences)
100, University Avenue, 400062, Volgograd, RussiaAlexander I. Goncharov
Volgograd State University
Email: gimchp@volsu.ru
SPIN-code: 6815-5803
Doctor of Legal Sciences, Doctor of Economy, Professor, Professor at the Department of Civil and International Private Law (Basic Department of the Southern Scientific Center of the Russian Academy of Sciences)
100, University Avenue, 400062, Volgograd, RussiaReferences
- Aleshina, A.V. (2016) Institute for the carriage of goods by sea: the history of formation. Economics, Pedagogy and Law. (2), available at: http://ecoedulaw.ru/en/2016/2/6. (in Russian).
- Dudin, M.N., Sekerin, V.D., Smirnova, O.O., Frolova, Е.Е., Sepiashvili, E.N. (2014) Ways and Contemporary Development Trends. Journal of Advanced Research in Law and Economics. (5). 2, 74–81.
- Dubovec, M. (2006) The Problems and Possibilities for Using Electronic Bills of Lading as Collateral. Arizona Journal of International and Comparative Law. Vol. 23. (2).
- Еfimova, L.G. (2018) The legal nature of an independent (bank) guarantee. Legal Concept. Vol. 17. (4). Doi: https://doi.org/10.15688/lc.jvolsu.2018.4.12. (in Russian).
- Gabov, A.V. (2011) Tsennyye bumagi: Voprosy teorii i pravovogo regulirovaniya rynka [Securities: Theory and legal regulation of the market]. Moscow: Statut Publ. (in Russian).
- Golubchik, A.M., Katykha, P.B. (2017) Some aspects of the possibility of application of electronic bill of lading in petrotraders’ practice. Russian Foreign Economic Journal. (4). (in Russian).
- Inshakova, A., Kalinina, A., Goncharov, A. (2019) Polysubject jurisdictional blockchain: electronic registration of facts to reduce economic conflicts. Springer: Ubiquitous Computing and the Internet of Things: Prerequisites for the Development of ICT».
- Jobava, N.A. (2012) The bill of lading: to the history of the issue. Legal framework of modern economics. (10), 124–127. (in Russian).
- Oseledets, D.A. (2014) Legal regulation of the use of e-document flow in the carriage of goods by sea under a bill of lading. Russian Journal of Entrepreneurship. (20). (266), 204–214. (in Russian).
- Rothko, S.V. (2011) The bill of lading in Russian and foreign legislation. International public and private law. (1) (58), 44–46. (in Russian).
- Ryzhenkov, A.YA. (2018) The structure of ownership (theoretical and philosophical analysis). Legal Concept = Pravovaya paradigma. Vol. 17. (1). Doi: https://doi.org/10.15688/lc. jvolsu.2018.1.15. (in Russian).
- Skaridov, A.S. (2018) Legal support of professional activities. Law of the Sea. A.S. Skaridov.Moscow: Yurayt Publ. (in Russian).
- Shemyakin, A.N., Korotky, T.R. (1999) Legal regulation of the sea transportation of goods and passengers. Odessa: Latstar Publ. (in Russian).
- Vilkova, N.G. (2004) Commentary of the ICC to INCOTERMS 2000. Interpretation and practical application (article by article). Access from ConsultantPlus Reference and Legal System, 2004. (in Russian).
- Yefimova, L.G. (2010) Bankovskoye pravo [Banking law] T. 1. Bankovskaya sistema Rossiyskoy Federatsii [The banking system of the Russian Federation]. Moscow: Statut Publ. (in Russian).