TO THE QUESTION OF THE LEGAL REGULATION OF THE REMOVAL OF WAGONS EN ROUTE NOT TO BE USED BY A COUNTERPARTY VIA TRACKS NOT USED BY A THIRD PERSON (ADJACENT TO RAILWAY STATION OJSC «RZD») LOCOMOTIVES OJSC «RZD» OR COUNTERPARTY

Abstract

The article discusses the results of a study on the possibility of operations with wagons on the tracks of LLC «N» through the non-public railway tracks of JSC «P» (adjacent to the railway station of JSC «RZD») by locomotives of JSC «RZD» or LLC «N». The analysis of the relevant documents was carried out to determine the technical and technological work with wagons on the counterparty using the infrastructure of a third party. The analysis of the available technical and operational-technological documents, as well as the main regulatory legal acts in the field of relations between the railway station, owners of non-public tracks, customers and users of railway transport, allowed us to draw conclusions about the features of such interaction, about the implementation of this opportunity to perform operations with wagons on the tracks of LLC «N» through the non-public railway tracks of JSC «P», taking into account the positions of existing federal legislation and conflicting elements arising in this case and the lack of a clear disposition of a certain regulatory legal act that would allow to settle the identified features taking into account the interests of interacting parties without participation in lawsuits.