Sergey Al. Semenov. On the state of scientific support of administrative and legal regulation of transport security

UDK: 342.951:351.82

Sergey Al. Semenov - Maritime Security Service

Abstract. The fifteen-year period of development of transport security legislation has clearly demonstrated that transport security, both as a complex of interrelated social relations and as a legal institution, is a very complex phenomenon. This complexity is largely due to the coverage by a single regulation of outwardly similar, but internally very different social relations arising from the provision of transport security in different modes of transport. The desire of the rule-makers to regulate these social relations by a single written positive law, the law is understandable and attractive. However, those existing objective differences between modes of transport, their features that have arisen independently of each other in the process of independent development based on objective technical and technological differences, cannot always be solved by universal norms of the law. As a rule, the resolution of special cases in the field of transport security of certain transport modes is carried out by issuing special regulatory legal acts. On the one hand, this approach makes it possible to promptly respond to newly emerging challenges, but on the other hand, it blurs the universality of general norms in the field of transport security. One of the reasons for this situation is the lack of predictive scientific research in the field of transport security. The solution to the problem can be the establishment of a research center for transport security, which would analyze the efficiency of legislative norms and rules, as well as the dynamics of possible challenges, form proposals for legislators and the Government of the Russian Federation.

Keywords: administrative and legal regulation; research center; transport security.


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