Problematic Issues of Legalisation of Concepts Used for the Purpose of Legal Regulation of Transport Relationships Involving Self-Driving Cars

The needs for innovative development of the transport system, which is not only the most important, but also an indispensable condition for implementation of the Transport Strategy of the Russian Federation until 2030 with a forecast until 2035, determine the necessity for a important change in fundamental approaches to building a system of legal support for organisation of road traffic, historically based on the postulate of obligation the driver to ensure constant control over the traffic situation for the entire period of the vehicle’s movement. In this situation, the problem of legal regulation of admission to operation and subsequent operation of vehicles equipped with an automated driving system that does not provide for participation of the driver in the dynamic control of the car acquires special theoretical and practical significance.
The objective of the study, some of the results of which are suggested in the article, was a critical comprehension of the problems of legislative environment referring to the use of cars with an automated driving system, those problems being associated with ambiguities and gaps in the legislation in terms of codifying the basic terms and definitions.
The tools of formal dogmatic analysis were used to investigate the problematic issues of legalising the concept of «automated driving system», which is the most important, basic category in the system of legal regulation of the relations under study.
On this basis, the application of methods of systemic legal analysis contributed to identification of possible options for eliminating the identified gaps and contradictions in legislation, to formulate author’s definitions and to suggest guidelines for building an ordered system of legal terms to be entrenched in legal acts regulating the use of highly automated vehicles.
The implementation of the proposals formulated by the author can contribute to the improvement of the system of legal regulation of relations related to the use of highly automated vehicles.

1. Bazhina, M. A. The main trends in development of legal regulation of transportation in the context of digitalisation [Osnovnie tendentsii razvitiya pravovogo regulirovaniya osushchestvleniya perevozok v usloviyakh tsifrovizatsii]. Yurist, 2021, Iss. 11, pp. 44–50. [Restricted access to electronic resource]: https://lawinfo.ru/journals/57/yurist.

2. Zemlin, A., Kholikov, I., Mamedova, I., Zemlina, O. Problems of Ensuring Security of Transport Infrastructure Facilities. IOP Conference Series: Earth and Environmental Science, Vol. 666, International science and technology conference «Earth science», 8–10 December 2020, Vladivostok, Russian Federation, 042002. DOI: 10.1088/1755-1315/666/4/042002.

3. Zemlin, A. I., Kholikov, I. V. Axiological approaches to formation of the legal culture of a transport specialist in modern conditions [Aksiologicheskie podkhody k formirovaniyu pravovoi kulturyspetsialista-transportnika v sovremennykh usloviyakh]. Collection of scientific papers IZISP «Legal values in the light of new paradigms of development of modern civilization». Moscow, Infra-M publ., 2020, pp. 403–411.

4. Petrov, Yu. I., Zemlin, A. I., Zemlina, O. M. The Genesis of the System of Administration of the Transport Routes and of the Transport Law in Russia (9th to 18th centuries). World of Transport and Transportation, 2019, Vol. 17, Iss. 3 (82), pp. 260–277. DOI: 10.30932/1992-3252-2019-17-3-260-277.

5. Kharlamova, Y., Pishchelko, A., Zemlin, A. Problems of realisation of public oversight in the field of transport counterterrorism policy. Kutafin University Law Review, 2020, Vol. 7, Iss. 1, pp. 67–78. DOI: 10.17803/2313-5395.2020.1.13.067-078.

6. Zemlin, A. I., Petrov, Yu. I. Experience of Legal Regulation and Organisation of Transport Specialists Training at the Imperial Moscow Engineering School: 1896–1913. Herald of an archivist, 2021, Iss. 1, pp. 248–258. DOI: 10.28995/2073-0101-2021-1-248-258 [access restricted for subscribers only].

7. Bagreeva, E. G., Zemlin, A. I., Shamsunov, S. K. Does Environmental Safety Depend Upon the Legal Culture of Transport Specialists? Ekoloji, 2019, Vol. 28, No. 107, pp. 4961–4965.

8. Bagreeva, E. G., Shamsunov, S. K., Zemlin, A. I. Environmental Safety Conditions in the Transport Sector by Improving the Culture of Lawmaking. Ekoloji, 2019, Vol. 28, No. 107, pp. 4071–4076.

9. Cabral, T. S. Liability and artificial intelligence in the EU: Assessing the adequacy of the current Product Liability Directive. Maastricht Journal of European and Comparative Law, 2020, Vol. 27 (5), pp. 615–635. DOI: 10.1177/1023263X20948689.

10. Zemlin, A. I. Some aspects of ensuring transport safety in the context of the spread of infectious diseases (on the example of the Covid‑19 coronavirus pandemic). Voennoe pravo, 2020, Iss. 6 (64), pp. 15–29. [Electronic resource]: https://elibrary.ru/item.asp?id=44286698. Last accessed 23.09.2022.

11. Chernogor, N., Zemlin, A., Kholikov, I., Mamedova, I. Impact of the spread of epidemics, pandemics and mass diseases on economic security of transport. E3S Web of Conferences, 2020, Vol. 203 (107), art. 05019. DOI: 10.1051/e3sconf/202020305019.