Статьи рубрики | Administrative and legal regulation of transport relations

Scientific specialty:

5.1.2. Public law (state law) sciences (legal sciences)

Eduard F. Shakhnazaryan. Current issues related to the search for debtors’ vehicles in enforcement proceedings

UDK: 347.2/.3

Eduard F. Shakhnazaryan - All-Russian State University of Justice

Abstract. The current paper has presented the current concerns related to enforcement proceedings that arise during coercive measures on the debtor’s property, in particular, on his vehicle. Having analyzed the existing legislation it has become clear that the current mechanism for searching for vehicles does not allow the bailiff to fully implement enforcement measures. There has been substantiated the conclusion that the efficiency of the implementation of legislation on enforcement proceedings directly depends on the legal regulation of by-laws governing the affected area.

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Artur D. Vardanyan. Features of legal regulation of territory planning in order to develop transport infrastructure with the integrated development of territories of settlements

UDK: 332.1

Artur D. Vardanyan - The Kutafin Moscow State Law University (MSAL), Advisor to the Transport Engineering Center of the State Autonomous Institution of Moscow “Research and Design Institute of the General plan of the city of Moscow”

Abstract. The current paper deals with the consideration of the features of territorial planning in order to develop transport infrastructure in the territories of settlements, in respect of which a decision has been made on their comprehensive development. There has been given the characteristics of the legal regime for the integrated development of territories, there has been shown a place of the transport component in achieving the goals of integrated development, and there have been proposed some measures to improve the legal regulation of these relations.

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Vasily Al. Bokan. Problems of determining the grounds for seizure of land plots for the needs of highway construction

UDK: 625.7/.8

Vasily Al. Bokan - Federal State Institution “Roads of Russia”

Abstract. The development of the highway network is one of the key tasks in the development of the country’s transport infrastructure. Its implementation inevitably requires the seizure of land plots from rights holders for the needs of road construction, and due to the linear nature of the located objects, such seizure simultaneously affects the interests of many private individuals. The imperfection of legislative regulation in this area leads to a large number of legal disputes and delays in the procedure for providing land plots for the placement of roads and road infrastructure, as a result of which this stage of the process of their construction (reconstruction) is the lengthiest and legally complex. The current paper has presented the discussion of current problems of determining the grounds for the seizure of land plots for the needs of road construction and suggested directions for improving the legislative regulation of this area of public relations.

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Vladimir V. Khomik. Contradictions between transport and fire safety: what choice to make?

UDK: 656.2.08; 614.842

Vladimir V. Khomik - JSC Fishing collective farm “Vostok-1” (Vladivostok)

Abstract. Transport security is the state of protection of transport infrastructure facilities and vehicles from acts of illegal interference. Threats of committing acts of illegal interference require transport infrastructure entities to unquestioningly comply with requirements to enforce transport security. Compliance with transport safety requirements is monitored by supervisory authorities represented by the transport prosecutor’s office and Rostransnadzor. But what should a shipowner do if compliance with transport safety legislation entails a violation of fire safety rules? Is it necessary to install an access control system to critical elements of the ship, understanding that if there is a fire, people may die on it, and failure to comply with transport safety requirements will result in criminal penalties? The current paper has considered the contradictions in transport and fire safety requirements regarding the installation of access control systems to critical elements on ships. There have been studied existing regulatory documents and have been formulated proposals to resolve the identified contradictions in the legislation.

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Vladimir Al. Zhavoronkov. Using the capabilities of modern technologies in establishing the circumstances of a traffic accident

UDK: 343.3/.7

Vladimir Al. Zhavoronkov - Candidate of Law, associate professor, Russian University of Transport (RUT MIIT)

Abstract. The current paper has studied issues related to the use of modern technical means, the use of which makes it possible to increase the efficiency of inspection of the scene of a traffic accident, eliminating the implementation of unproductive and voluminous operations during investigative actions and, ultimately, investigations in cases of this category. There has been considered the possibility of using external outdoor cameras and video recorders for these purposes, as a means of quickly and objectively establishing all the circumstances of the accident, determining the role of each area in the accident and the technical quantities necessary to resolve the issues posed to the expert, in particular, such a technical quantity, as vehicle speed, which is one of the main quantities used when carrying out calculations in the process of performing forensic automotive technical examinations.

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Timur An. Tukhvatullin, Elena S. Kondratova. Legal regulation of the operation of highly automated vehicles in the Russian Federation: problems and prospects

UDK: 347.4

Timur An. Tukhvatullin - Candidate in Law, head of the department of legal support of the compliance department of ANO “Moscow Directorate of Transport Services”

Elena S. Kondratova - main specialist of the department of legal support of the compliance department of ANO “Moscow Directorate of Transport Services”

Abstract. In the conditions of large-scale spread of modern technologies in transport, which determine the relevance of the issue, there has been conducted a comparative legal study of international and national regulatory legal acts, as well as their projects regulating relations in the field of regulating the operation of highly automated (unmanned) vehicles. There have been considered the problems of legal regulation of the use and operation of unmanned vehicles in traffic conditions. The bills on regulating the operation of unmanned vehicles submitted to the Russian parliament have not acquired the status of existing regulatory legal acts. Unmanned vehicles are currently used on the basis of by-laws exclusively in the conditions of an experiment conducted on the territory of individual constituent entities of the Russian Federation without the release of such vehicles on public roads. By the time the experiment on the operation of highly automated vehicles is completed, it will be necessary to regulate legally all issues related to the operation of such vehicles with the simultaneous integration of their regulations with the norms of the current legislation in the field of transport and road safety, as well as legislation on experimental legal regimes in the field of digital innovations regulated by a special law. Taking into account one of the main problems of Russian legislation regulating the operation of unmanned vehicles, which does not allow the movement of a vehicle on public roads without a driver, there has been determined the need to amend the Traffic Rules. In this regard, there has been proposed to synchronize the Traffic Rules with the provisions of the 1968 Convention on Traffic Rules.

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Svetlana N. Zaikova. Anti-terrorist protection of railway transport: classification of measures of administrative coercion

UDK: 343.34

Svetlana N. Zaikova - Candidate in Law, docent, Saratov State Law Academy

Abstract. There has been conducted an analysis of measures of administrative coercion aimed at ensuring the observance and execution of mandatory requirements for transport security by the subjects of railway transport. The purposefulness, content, legal regulation, specific features and subjects of the application of coercive measures of anti-terrorist protection of railway transport are considered. In order to systematize them and improve procedural regulation, there has been proposed an author’s classification of measures of administrative coercion, depending on various criteria.

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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.

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Viktor Iv. Ivakin. Environmental and legal liability for violation of vehicles’ operation

UDK: 349.6

Viktor Iv. Ivakin - Candidate of Law, associate professor, Russian University of Transport (MIIT)

Abstract. The current paper has considered the legal aspects associated with the operation of such a type of transport as cars, and their impact on the environment. The most important component of the problem is the identification of the so-called “narrow” sides and the solution of issues of direct environmental and legal responsibility. It should be noted that in this case we could talk not only about a category that includes, among other things, various types of coercion, including administrative responsibility, but also about a legal mechanism that contributes to a certain extent to reducing the negative impact of designated vehicles, both on the atmospheric air and in general for the environment. In this regard there have been analyzed administrative and legal norms, where there have been established punishments for these environmental offenses. There have been studied sanctions applied for the indicated acts contained in the Code of Administrative Offenses of the Russian Federation and other acts, among which the most common both in Russia and other states, is an administrative fine. However, its amounts for such offenses in different countries, including the Republic of Belarus and Kazakhstan, differ significantly. So, in Russia the limit of this punishment did not change for a long time. This circumstance testifies not only to the inefficiency of the norms, but to the inattention to this issue on the part of both environmental and law enforcement agencies. In this regard, there have been formulated certain proposals aimed at improving legislation in the debatable area of public relations. There has been proposed to introduce an environmental fine into the draft environmental code of the Russian Federation, the application of which is possible for the above offenses along with a similar punishment established by the Code of Administrative Offenses of the Russian Federation and the Criminal Code of the Russian Federation, but independently of them. The paper has also provided an analysis of the activities of the relevant subjects, namely the bodies and officials who have the right to bring to the designated type of legal liability.

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Vladimir Al. Zhavoronkov. Expert estimation of dangerous traffic situations arising from the violation of the rules of changing lanes when driving a vehicle

UDK: 343.3/.7

Vladimir Al. Zhavoronkov - Candidate of Law, associate professor, Russian University of Transport (MIIT)

Abstract. The current paper has considered the features of one of the frequently performed maneuvers performed by vehicle drivers in the process of driving on roads, namely changing a row or lane. Justifying the relevance of the topic, the author has presented the statistical data characterizing the state of road safety in this country. There have been studied reasons of dangerous traffic situations during changing a row or lane, as well as the factors influencing their occurrence, with reference to the opinions of scientists expressed on the pages of both domestic and foreign scientific sources. Some attention has been paid to the mechanism of a traffic accident associated with a violation of the rules of changing a row or lane. The paper has also paid attention to the psychological aspects of the driver’s personality and his behavior as factors that significantly affect safety when changing lanes. The paper has defined a list of road situations in which changing lanes can be carried out and examined in detail the circumstances of this maneuver in each of them. Special attention has been paid to changing lanes performed by drivers to occupy a convenient lane for overtaking when they overtake, including in the oncoming lane, as well as changing lanes as an element of a multi-stage violation recently introduced into the traffic rules, namely a dangerous driving. Revealing the theoretical and practical issues related to the rules of changing lanes in certain traffic situations, the author has presented some data obtained while monitoring vehicles’ changing lanes in real road conditions. In conclusion, there have been proposed several specific measures of a regulatory, technical, and organizational nature, aimed at reducing traffic accidents associated with violation of the rules for vehicles’ changing lanes while driving on the roads.

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