Статьи рубрики | Administrative and legal regulation of transport relations

Scientific specialty:

12.00.14 “Administrative law; Administrative procedure”

Larisa L. Polionskaya. Urgent issues of preventing and resolving conflicts of interest in the organizations set up to fulfill the tasks assigned to the Government of the Russian Federation and organizations in general

UDK: 342.5:656


Larisa L. Polionskaya - head of the Coordination and Legal Support department of the Center of Anti-Corruption Activities of JSCo “RZD”


Abstract. Based on the application of the methods of systemic legal and formal dogmatic approaches, the current paper has analyzed the Russian anti-corruption legislation, critically evaluated the conclusions made in the works of representatives of various scientific schools, law enforcement practice correlated with the subject of the study, improvement of the legal anti-corruption mechanisms. Using the tools of legal research, the author of the paper has analyzed the sufficiency and efficiency of a set of anti-corruption measures, traditional for the anti-corruption practice of Russian business, including measures aimed at preventing and resolving conflicts of interest, which all organizations, regardless of their organizational and legal form, industry affiliation, starting with 2013, were obliged to develop and accept. There has been considered in particular detail the experience of JSCo "RZD" in taking systemic measures in this area; there has been analyzed their efficiency and applicability for the implementation of state anti-corruption policy in state corporations, organizations established to fulfill the tasks assigned to the Government of the Russian Federation, public societies and organizations with state participation. The result obtained during the study has provided an opportunity to broadcast the positive experience of Russian Railways, which, in turn, could contribute to solving the main tasks set by the National Anti-Corruption Plan for 2019-2020, resolving problematic issues of improving the present Russian anti-corruption legislation.

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Maksim V. Trushin. Implementation of the government anti-corruption policy at all levels of corporate governance of the joint stock company “Russian Railways” (JSCo “RZD”): experience and problems

UDK: 629.039.58


Maksim V. Trushin - deputy head of the Center of Anti-Corruption Activities of JSCo “RZD”


Abstract. The current paper has considered the directions of the government anti-corruption policy in organizations established to exercise the powers of federal executive bodies on the example of JSCo “RZD”, using the method of formal legal analysis of regulatory legal acts and local acts of JSCo “RZD”; there have been analyzed the issues of legal regulation and organizational support to the implementation of the main directions of anti-corruption activities at all levels of corporate governance. Based on the results of a critical reflection on the working experience of the bodies and officials in the prevention of corruption and other offenses, there have been proposed the most promising directions to solve the existing problems. The formulated proposals, if implemented in the process of organizing and carrying out anti-corruption activities at JSCo “RZD”, can play a positive role in improving the anti-corruption system in the field of corporate governance.

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Aleksandr Ig. Zemlin. On some aspects of implementation of the state policy of anti-corruption on transport

UDK: 629.039.58


Aleksandr Ig. Zemlin - Doctor of Law, professor, head of the department ‘Transport Law’ of the Law Institute of the Russian University of Transport, honored scientist of the Russian Federation


Abstract. The current paper has presented some results of a legal analysis of the provisions of the National Anti-Corruption Plan for 2018-2020, the results of their implementation in comparison with problematic issues that have not been solved. The subjects of scientific research, carried out by formal dogmatic method, have been the norms of the current anti-corruption legislation. Based on the use of the methodology of political and legal analysis, the authors have investigated the legal relations arising in connection with the implementation of anti-corruption tasks in the Russian Federation. The use of tools characteristic for the systemic legal approach to the study of the anti-corruption theory and practice in modern Russian society made it possible to analyze the experience of anti-corruption education and enlightenment, formulate conclusions on certain promising anti-corruption areas in organizations with state participation, identify some ineffective anti-corruption forms, gaps and contradictions of anti-corruption legislation. On this basis, there have been substantiated proposals for further optimization of the system of measures aimed at improving the efficiency of educational activities carried out in order to form and improve anti-corruption competencies among civil servants of transport management bodies, officials and employees of transport organizations, and the development of public anti-corruption legal awareness.

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Oleg S. Openyshev. Prosecutor’s supervision over the implementation of legislation in transport in the context of the spread of a new coronavirus infection (the experience of the Moscow Interregional Transport Prosecutor’s Office)

UDK: 347.963


Oleg S. Openyshev - Candidate of Law, deputy Moscow interregional transport prosecutor, state counselor of justice of the 3rd class


Abstract. The current paper has presented the study results of fundamental approaches to organization of prosecutorial supervision over the implementation of legislation on transport in the context of the spread of a new coronavirus infection, based on the application of methods of systemic legal analysis of legislation on prosecutorial supervision and transport legislation, a critical understanding of the experience of the Moscow Interregional Transport Prosecutor's Office and transport prosecutors. The analysis has revealed some contradictions and gaps in legislation that have large theoretical and practical significance for ensuring the legitimacy in transport in the context of the spread of a new coronavirus infection. There have been analyzed the main violations revealed during the prosecutor's inspections in the transport sector in the context of the spread of a new coronavirus infection. Particular attention has been paid to the analysis of the activities of regulatory authorities as a means of ensuring the legitimacy and discipline of parties of transport legal relations. There have been formulated the conclusions on the necessity to improve the regulatory legal framework, as well as the organization of prosecutorial supervision over the implementation of legislation in transport in the context of the spread of a new coronavirus infection, which should be based on the development of unified methodological approaches to the development of a conceptual and categorical apparatus to harmonize legal terms in accordance with the needs of increasing the efficiency and legality of transport activities, eliminating conflicts and gaps in legal regulation.

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Marina V. Mazaeva. Urgent organizational and legal issues of certification of transport security enforcement staff

UDK: 351.81


Marina V. Mazaeva - consultant for the department ‘Transport Security Management’ of the Federal Agency for Maritime and River Transport


Abstract. The current paper has presented the results of the conducted systemic and legal analysis of one of the urgent issues of legal regulation in the field of transport security, which is problematic in nature and is directly related to the procedures for certification of transport security enforcement staff. Based on the analysis of regulatory legal acts, educational and scientific literature, the author of the paper has made a conclusion that currently the legislation does not fully regulate the issue of unambiguous and complete determination of the range of applicants for certification, which practically results in a conflict of interest between the employee and the employer with an appropriate certification when changing his place of work. The author has emphasized the fact that currently the employer is the only owner of the issued certificates of transport security enforcement staff. This conclusion has been confirmed by the fact that, according to the current legislation, only the employer is a contractual party of the agreement on certification, with the certification body and (or) the certification organization. According to the results of a formal dogmatic analysis of legal acts, there has been established that the employer in the arising legal relationship is the owner of transport infrastructure and (or) vehicles intended for cargo and passenger transportation, or a legal entity that is a transport security unit, or an organization claiming accreditation as such divisions. Accordingly, it is the employer who finances the activities related to accreditation and certification. Due to this fact, the issue of the certificate by the employer to the certified employee, if he changes his place of work, can be made only on a voluntary basis if there is no conflict of interest. If there are various conflicts of interest, the certificate is not issued to the employee by the employer. It is considered to be quite logical and reasonable that this circumstance significantly reduces the possibility for the owner of transport infrastructure facilities and (or) vehicles intended for cargo and passenger transportation to implement the established requirements in the field of transport security.

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Viktor Iv. Liseenko, Vladislav D. Romanenkov. The right to drive vehicles carrying passengers: problems of identifying and controlling Russian and foreign drivers with revoked driving licenses

UDK: 347.463:656.072.5


Viktor Iv. Liseenko - acting deputy chief state inspector of state traffic supervision of the North Ural Interregional Department of State Road Supervision; state civil service counselor of the 2nd class; senior lecturer of the department ‘Road transport operation’ of the Tyumen Industrial University; applicant of Candidate of Law

Vladislav D. Romanenkov - General Director of the Ltd “Transport Control”, student of the Institute of State and Law of the Tyumen State University


Abstract. In accordance with the instruction of the Eurasian Intergovernmental Council “On the mutual recognition of national and international driving licenses issued in one state - a member of the Eurasian Economic Union, for doing business on the territory of another country of the Eurasian Economic Union”, the vehicles carrying out passenger on the territory of the Russian Federation are allowed to be driven by the citizens of the EAEU member states. Current practice has shown that Traffic police officers (Gosavtodornadzor), when carrying out control, as well as officials of road transport enterprises which release vehicles on the line, have been faced with the problem of identifying foreign drivers on the validity of their national driving licenses (the fact of revoked driving licenses). According to the authors, the problem is in the inability to obtain data on the validity of the national driving licenses of foreign drivers, for example, through information exchange between foreign and Russian databases of national driving licenses. The lack of a technical and legal basis for conducting such reconciliations does not allow timely identifying potential offenders. In this connection, unscrupulous citizens of the neighboring countries often take advantage of it, remaining unnoticed, and successfully work as bus drivers in various regions of Russia. In addition, the authors of the current paper have identified the problem of legal regulation of interaction between business entities and the Traffic police of the Russian Federation to get urgent information about the revocation of driving licenses from Russian drivers.

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Pavel V. Agapov, Sergey V. Borisov. Anti-terrorist security of the Russian transport complex in the field of prosecutors’ supervision

UDK: 343.341.1/342.3:656


Pavel V. Agapov - Doctor of Law, professor, senior researcher of the department ‘Scientific support for prosecutor's supervision and strengthening the law in the sphere of federal security, interethnic relations, counteraction to extremism’ of the Research Institute of the University of the R.F. Prosecutor General’s Office, senior counselor of justice

Sergey V. Borisov - Candidate of law, docent, researcher of the Research Institute of the University of the R.F. Prosecutor General’s Office, senior counselor of justice


Abstract. On the basis of the current legislation and law enforcement practice, the current paper has considered the problems of anti-terrorist security of the Russian transport complex in the field of prosecutors’ supervision. There has been made a conclusion that prosecutors’ supervision over the enforcement of laws on counter transport terrorism, anti-terrorist security of transport complex facilities is still of great urgency caused by such modern challenges and threats as the activities of international terrorist organizations, cyber terrorism, further aging and deterioration of Russian transport, problems with the staff and its training, violation of the use of airspace by general aviation and drones, massive cases of deliberately false reports of terrorist acts, lack of proper control over the use of foreign labor at transport facilities, etc.

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Dato R. Makharadze. The application results of the July 13, 2015 No. 246-ФЗ Federal Law in the Department of State Automobile and Road Supervision

UDK: 351.811.12


Dato R. Makharadze - senior state inspector of the Department of State Automobile and Road Supervision of the Rostransnadzor


Abstract. The current paper has analyzed the introduction of a number of significant amendments to the Federal Law “On the Protection of the Rights of Legal Entities and Individual Entrepreneurs in the Implementation of State Control (Supervision) and Municipal Control”. The authors have studied the results of the weakening of the control impact on legal entities and entrepreneurs in the field of automobile transport and road economy. The paper has analyzed the changes in the existing way of interaction of the control and supervisory authority with economy entities by introducing holidays for small and medium-sized businesses and the transition to a risk-based approach in state control. The paper has considered the practice of creating a checklist taking into account the risk level of an economic entity, introducing transport control information systems based on the risk-based approach method and allowing remote monitoring of entities, contactless interaction with entities, and making decisions on supervisory response measures. Based on the application of systematic legal analysis methods, there have been studied the results of the planned inspections conducted by the Rostransnadzor. There has been estimated the statistical data on holding persons administratively liable since 2015. There has been also considered the efficiency of such a form of control and supervision activity as planned (raid) inspections of vehicles, which are carried out without interaction with economic entities. According to the study results there have been determined the directions of further study of the issue.

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Vladimir Al. Iliin. Comparative analysis of amendments in the Federal Law «On Transport Security» with regard to maritime transport

UDK: 347.463:656.61


Vladimir Al. Iliin - chief specialist of the Transport Security Support Devision of the Security Management Department of FSUE ‘Rosmorport, kokso@mail.com


Abstract. The current paper has presented the analysis of amendments in the regulatory legal framework for enforcing transport security with regard to maritime transport. Due to the applied methodology of legal analysis using the achievements of transport and legal science, there have been considered a critical understanding of the innovations in the legislation on transport security and their possible consequences for maritime transport. The incentive to write the current paper was the issued in August 2019 Federal Law No. 270-ФЗ “On Amendments in the Federal Law “On Transport Security” and Certain Legislative Acts of the Russian Federation on Providing Transport Security”. The law necessitated adjustments to the organization of work of transport infrastructure entities to enforce security of operating transport infrastructure facilities and vehicles of all modes of transport. The aforementioned Federal Law has made significant changes, for example, in the basic concepts, cancellation of categorization, vulnerability assessment, transport security requirements, planning and implementation of measures to ensure transport security, rights and obligations of transport infrastructure entities, training and certification of transport security staff, etc. At the same time, after coming into force of certain provisions of the Federal Law “On Transport Security” on January 30, 2020, the issue of fulfilling transport security requirements has still remained unclear for transport infrastructure entities (carriers) in maritime transport because of absence of by-laws and regulations that take into account the amendments in legislation. In this regard, taking into consideration the existing lag of by-laws, the current paper has explained the main provisions of the amendments with regard to maritime transport. There has been conducted the analysis of their effect on implementation of the requirements of the legislation in enforcing transport security, and has been made corresponding conclusions. According to the formal legal analysis of the provisions of the Federal Law “On Transport Security”, taking into account the amendments, the current paper has considered the problematic issues related to the extension of the requirements established by the new version of the norms of this act to almost all vessels used for merchant shipping.

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Olga M. Zemlina., Maksim M. Gaditsky. Legal characteristics of anti-terrorism security of railway transport

UDK: 343.34


Olga M. Zemlina - Candidate of law, docent, associate professor of the department ‘Transport Law’ of the Law Institute of the Russian University of Transport, honored worker of high professional education of the Russian Federation, member of the direction ‘Transport security’, an expert of the Scientific-Advisory Section of the Center for Security Studies of the Russian Academy of Sciences (SAS CSS RAS)

Maksim M. Gaditsky - Master’s Degree student of the Law Institute of the Russian University of Transport


Abstract. The current paper has considered some factors of the current increase in terrorism on railway transport, which is characteristic not only for Russia, but also becoming universal. The authors of the current study have used formal legal analysis tools and a systematic and legal approach. The current paper has identified the essential features of legal categories that are in a gender-specific relationship and dependent on the concept of “transport security” legalized in Russian law. As a result, the authors have formulated a definition of “anti-terrorist security of an object” being a part of the concept of "transport security". They consider that "transport security" is always considered in the narrow sense of the word, characteristic of the legal interpretation of the analyzed term; and it includes only the protection of transport infrastructure from terrorist crimes and does not affect other illegal actions that could have a negative impact on the degree of security and, accordingly, the efficiency of the transport complex and the transport system of Russia. According to the analysis of the issues of legal regulation of various aspects which enforce security of transport the authors have made a reasonable conclusion about their obvious omissionship and, in part, contradiction, which determines the necessity to resolve these problems of positive law in Russia. The current paper contains definitions of the constituent elements of terrorist criminality in railway transport. There has been substantiated the necessity to improve the anti-terrorism security of railway by establishing the priority of an interagency integrated approach. There has been proposed a set of measures to eliminate the terrorist threat. In particular, there has been proposed to consider the anti-terrorism security of railway transport as an independent direction of the state’s criminal policy.

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