Valery An. Novikov, Valentina Iv. Shiyan. Hijacking of air or water transport means or railway rolling stock as a threat to transport security

UDK: 343.346.56:656.08

Valery An. Novikov - Candidate of Law, associate professor, Russian University of Transport

Valentina Iv. Shiyan - Candidate of Law, associate professor, Russian University of Transport

Abstract. All world countries consider transport security enforcement as the priority area of their activity, since the effective operation of all modes of transport determines, first of all, the state of protection of national interests from external and internal threats, the progressive development of all spheres of public life. In this regard, it is essential to eliminate threats to transport security, one of which is an infringement of the functioning (movement and operation) of transport means, i.e. their hijacking, as well as seizure for the purpose of hijacking, especially when such acts involve violence, use of weapons or commitment of crimes of a terrorist nature. The current paper contains the results of the analysis of scientific material and materials of judicial practice and statistical indicators of the Ministry of Internal Affairs of Russia for the period from 2017 to 2021 on the crimes envisaged by Art. 211 of the Criminal Code of the Russian Federation, which made it possible to determine their current state, dynamics and tendencies, legal nature, to identify the debatability of a number of provisions (in terms of a specific object and a subject of crime), to pay attention to urgent issues of qualification, a stage of the crime, the specifics of the subjective side. There has been emphasized the characteristics of qualifying traits associated with the use of violence, weapons or items used as weapons, associated with terrorist activity. The study of normative legal acts regulating social relations in the related areas of their application has led to the formulation of definitions related to the subject of the analyzed crime. According to the authors, the insignificant absolute values of the analyzed type of crime recorded by official statistics are primarily due to the efficiency of the activities of the subjects of combating transport crimes and do not reduce their public danger degree.

Keywords: means of air transport; means of water transport; railway rolling stock; threat of violence; terrorist activity; transport security.


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