UDK: 342.951:656

Viktor V. Koryakin - Doctor of Law, professor, Russian University of Transport

Evgeny Al. Nesterov - Candidate of Law, the head of the Law Institute of the Russian University of Transport

Abstract. The current paper has considered the essence and content of the risk-based method of transport control and supervision. There have been presented various points of view on this method of state control (supervision), its advantages and disadvantages. There has been given a scientific and practical commentary on legislative and by-laws regulating transport control and supervision. There has been substantiated that the widespread introduction of the risk-based method will significantly improve the efficiency of control and supervision activities in the field of transport.

UDK: 351.811

Aigozel S. Bailieva - Russian Road Scientific-Research Institute (FAI “ROSDORNII”)

Abstract. The issues of developing an object as a result of the work and its subsequent maintenance with subsequent recycling (if necessary) have always been an important area in the transport industry. The supreme bodies of state power of the Russian Federation are constantly in search of new tools to improve the quality and reduce the total cost of work that can ensure the achievement of goals and objectives in the most important areas of development of the state. One of the ways to solve this problem is to implement a life cycle contract. The practice of introducing life cycle contracts is becoming increasingly relevant, taking into account the specifics of transport industry development in the Russian Federation and the problems arising during the operation of roads and artificial road structures caused by shortcomings in the construction and reconstruction of these facilities. Taking responsibility for all elements of the cost of developing a facility and its further maintenance, a single contractor reduces operational risks and the amount of work. A long-term contract with fixed payments simplifies the planning of the exploitation budget by a customer, and a contractor replaces investments and fixed costs with variable costs, which reduces his risks. At the same time, an analysis of law enforcement practice available in some sources has shown a low level of readiness of subjects to sign such contracts due to the insufficient level of legislative development, which requires a more comprehensive and rational approach to this issue. The current paper has presented the estimation of the main institutional and legislative obstacles, barriers that prevent signing and executing life cycle contracts in the transport industry. There have been made proposals to eliminate gaps in the law.

UDK: 349.41:656.02(076.5)

Artur D. Vardanyan - Research and Design Institute of the Moscow General Plan; Kutafin Moscow State Law University (MSAL)

Abstract. The current paper is devoted to the consideration of the features of the placement of transport infrastructure facilities on the urban locality lands. There have been shown the increased requirements for these objects in terms of ensuring the safety of traffic users and the population. There have been shown the contradictions between the requirement to ensure transport accessibility and the negative impact of transport on the environment. There has been substantiated the conclusion about the necessity to take these features into account when planning the territory of urban locality with transport development.

UDK: 342.951:351.82

Svetlana N. Zaikova - Candidate in Law, associate professor, FSBEI HE Saratov State Law Academy

Abstract. The study of the place of aviation security in the structure of transport security is substantiated with theoretical and practical requirements in determining the need to preserve or exclude the existing dual legal regulation of legal relations by the norms of air legislation and legislation in the field of transport security. The purpose of the current study was an attempt to identify the concept of the development of Russian legislation in the field of ensuring the security of aviation from acts of unlawful interference. The objectives of the current study included the following: to analyze the international legal framework for enforcing aviation security; to identify the concept and features of aviation security, taking into account the specifics of civil aviation; to answer the questions if there are legal grounds for abandoning the legal concept of “aviation security” and replacing it with the concept of “transport security” and whether it is possible to regulate legal relations arising in the field of enforcing aviation security by the norms of the Federal Law of February 9, 2007 No. 16-FZ “On Transport Security” without parallel regulation of them by air legislation; what changes should be made to the administrative legislation to eliminate the existing excessive regulatory legal regulation of the legal relations in question. As a result of the study, there has been proposed to amend Art. 83 of the Air Code of the Russian Federation.

UDK: 347.3/7

Vladimir Al. Zhavoronkov - Candidate in Law, associate professor, Russian University of Transport

Abstract. The current paper is devoted to the development of the system of state registration of vehicles in Russia, from the moment vehicles appeared on the roads of the country to the present day. The author has gradually and consistently described the changes that took place in this area of state activity when the number of vehicles increased in the country and there were socio-economic transformations in the state and society. A certain place in the paper has been given to the attributes of the state registration of vehicles such as state registration plates, their evolution from a means of ensuring tax revenues to the state treasury to an essential and mandatory element of the national system of registration of vehicles, ensuring their strict accounting and being an effective means of preventing violations of the legislation by owners and drivers of vehicles, as well as the fight against illegal actions in the field of road safety and certain types of criminal offenses. A significant attention in the paper has been paid to the transformations in the system of state registration of vehicles in the period from the end of the last century, when the rapid growth of the vehicles began in Russia and the rate of motorization of the country’s population increased, to the present days. The author has clearly shown those cardinal changes in the system of state registration of vehicles, which made it possible to streamline and largely simplify the process of registering vehicles in the relevant state bodies. There has been shown the possibility of using the current advantages of digital and information technologies for these purposes. The current paper has pointed to certain problems that exist in this area of social relations. In particular, the author has drawn attention to the problem of the so-called “great numbers”, which is actively discussed both on the pages of scientific publications and in the media. The attempts to solve the problem, unfortunately, have so far been unsuccessful.

UDK: 347.763:656.055.926

Viktor M. Koryakin - Doctor of Law, professor, Russian University of Transport

Abstract. The current paper has analyzed the current legal regulation of the opening and closing procedure of railway crossings. There have been found out the problems associated with a lengthy and excessively bureaucratic procedure, the lack of legal norms related to the reimbursement of the owners of railway tracks for the expenditures caused by the opening and exploitation of railway crossings. There has been substantiated the necessity of empowering the authorized bodies of the constituent entities of the Russian Federation with the right to open railway crossings. There have been formulated definite proposals to introduce appropriate amendments and additions to the legislation.

UDK: 342.951

Valery K. Tsechoev - Doctor of Law, professor, Rostov State Transport University (RSTU)

Anna Al. Chebotareva - Doctor of Law, associate professor, Russian University of Transport

Abstract. The authors of the current paper have raised the issue of methods for improving efficiency of transport legal relations in the activities of traffic police officers. There have been considered the approaches to understanding legal psychology in Soviet and modern jurisprudence, as well as emotional experiences, traditions, moods, and other mental processes of traffic police officers, which together reflect their subjective evaluative attitude to law, to subjects of law, to participants of transport relations. There has been drawn a conclusion about the necessity to supplement the norms of the current legislation on strengthening of the psychological component in the activities of traffic police officers.

UDK: 359:656.08

Anatoly M. Skrynnik - Candidate of Economic Sciences, The Russian Presidential Academy of National Economy and Public Administration (RANEPA); Member of the International Maritime Law Association

Abstract. There has been conducted a brief legal analysis of transport security enforcement in the context of naval training of civil ships’ crews. There has been presented a genesis of the establishment and activities of the institute of captain-instructors for naval training of civil ships’ crews in the system of state management of maritime economic activity in the USSR and the Russian Federation. There has been established a role and importance of naval training of civil ships’ crews to enforce navigation security in wartime and during the current armed conflicts. There has been indicated a place of naval training of civil ships’ crews in the system of transport security enforcement. Based on the study results, there has been drawn a brief conclusion on the introduction of naval training of civil ships’ crews in the overall system for enforcing transport security, as well as on the necessity to establish close interaction between the services for enforcing transport security of the services of seaport captains with the appropriate forces and means of the Navy, the maritime border service of the FSB of Russia and the maritime service of the Russian Guard.

UDK: 342.95

Nikolay N. Pestov - Candidate of Law, Academy of Management of the Ministry of Internal Affairs of Russia

Vladimir V. Kiryukhin - Candidate of Law, associate professor, Academy of Management of the Ministry of Internal Affairs of Russia

Abstract. Currently, the study of transport security is prominent in the educational sphere. There is a tendency in many educational organizations to use study results to improve education and expand partnerships between research and practice. The current paper has presented the study of research activities of the employees of the Academy of Management of the Ministry of Internal Affairs of Russia, related to enforcing transport security, the implementation of the results of this activity in the educational process and the operational and service activities of the territorial bodies of the Ministry of Internal Affairs of Russia in transport. The first part of the paper deals with the research issues and its connection with the educational process. The second part contains the most interesting research projects and their impact on the efficiency of the activities of the territorial bodies of the Ministry of Internal Affairs of Russia in transport. In the final part there have been discussed the prospects considered for these research papers in the field of transport security.

UDK: 351.814

Oleg Ig. Matyukhin - Academy of Management of the Ministry of Internal Affairs of Russia

Abstract. The current paper deals with the characteristics of air transport facilities from the point of view of their service by the internal affairs bodies. The organizational activities of the law enforcement agencies under limited resources should be aimed at optimizing the process of ensuring public safety at air transport facilities. The methodological basis of the study was the general dialectical method of scientific knowledge, as well as the methods of deduction and induction, generalization, and description. There has been conducted an analysis of normative legal acts of the Ministry of Internal Affairs of Russia and the Ministry of Transport of Russia in the field of aviation and transport security. There has been substantiated a content of some objects of the air transport complex, considering their criminality and the greater possibility to commit illegal acts on them. There have been clarified some objects that are of interest for ensuring public safety on them. There have been drawn conclusions that security at air transport facilities is enforced by a targeted approach in organizing the activities of the law enforcement agencies, aviation security services (operators) and departmental security of the Ministry of Transport of Russia.