Modern Problems of Cross-Border Payment and Settlement Relations in the Transport Services Sector: Legal and Digital Approaches

Introduction. The article shows public-law and private-law modern problems of payment and settlement relations of international cargo transportation in the context of the development of digital currencies and the creation of a single payment system of the EAEU and BRICS member states. The legal regime of payment systems for international settlements of cargo transportation is considered, including settlements in national currencies, digital currencies (cryptocurrencies, blockchains, stablecoins, etc.) using digital platform technologies. The features of digital platforms for settlements for transport services in the international transportation of goods of JSC Russian Railways, PJSC Sovcomflot, carried out by Russian banks and banks of the EAEU and BRICS states due to sanctions on alternative international payment systems are highlighted. Materials and methods. The documents of international payment and settlement law, the law of the EAEU and BRICS, Russian laws on payment and settlement and digital regulation, regulatory legal acts of the Bank of Russia, acts on norms and standards of cross-border payments of transport corporations were used. The methods of regulatory and comparative analysis of the relationship between legal and digital regulators of payment and settlement relations in the international transport services sector were used. Results. A legal analysis of the interaction of the norms of digital, payment and settlement, transport law was carried out. Trends in contractual regulation of accounts in digital currencies on digital platforms (using Russian Railways as an example) were noted. The problems of applicable payment and settlement law were noted when payment system operators, providers, payment system users, carriers and other participants in transportation contracts who are consumers of payment services are located in different jurisdictions. Discussions and conclusions. In order to ensure payment stability in settlements of transport and other organizations, the Bank of Russia strengthens the legal regulation of supervision over the emission and payment and settlement operations with cryptocurrency to prevent the uncontrolled withdrawal of national cryptocurrency to the jurisdictions of other states.