UDK: 342.9:351.811

Anastasiya S. Semicheva - Candidate of Law, docent, Russian University of Transport

Abstract. The current paper was prepared on the basis of the Order of the President of the Russian Federation following the meeting of the Presidium of the State Council of the Russian Federation on October 19, 2021, on the delegating some authorities to solve administrative offenses in the field of road safety to the constituent entities of the Russian Federation. In this regard, the paper has summarized the statistics on traffic accidents in the Russian Federation, giving a description of offenses in the field of road traffic. There have been also proposed the changes to be introduced into the regulatory legal acts of the executive authorities of the constituent entities of the Russian Federation in the field of road safety.

UDK: 343.98 (347.948.2)

Igor V. Kiselevich - Candidate of Law, docent, Russian University of Transport

Abstract. Reconstruction of a traffic accident is one of the stages of a transport and trace study. In accordance with the current forensic methods, the verification of the interconnection between the damages on the victim’s vehicle and on the guilty vehicle is carried out using the methods of transport traceology, based on the analysis of the nature of the deformations and the direction of the forces that caused damage to assemblies and parts of the vehicles, as well as traces on the vehicles, roadway and objects with which the vehicles interacted during a traffic accident. In cases where it is not possible to study the vehicles themselves and reconstruct road accidents on the road, a graphical model of vehicle collisions is built based on data from accident documents, photographs, etc., including the use of graphic editors. The current paper has described the capabilities of modern graphic editors for the reconstruction of traffic accidents (on the example of the CorelDRAW graphic editor).

UDK: 340.11

Kseniya Ev. Dovgan - Candidate of Law, docent, Altai State University

Nataliya Ev. Kovalenko - Altai State University

Abstract. Ensuring road traffic safety is the primary issue of the state to create conditions for a healthy and prosperous life of the population. The current paper deals with the analysis of the problems of introducing the legislative structure “dangerous driving” into the Code of Administrative Offenses of the Russian Federation. Unfortunately, the legal composition of “dangerous driving” has not been fully developed yet either at the legislative level or at the doctrinal level, which can result in difficulties in law enforcement practice. The paper has considered the issue of characteristics of the objective side of dangerous driving within the framework of the legal composition of an administrative offense. There has been analyzed the concept “dangerous driving”, and made the conclusions about possible problems in its interpretation.

UDK: 347.463:656.2

Viktor M. Koryakin - Doctor of Law, professor, Russian University of Transport, Korjakinmiit@rambler.ru

Abstract. The current paper has presented a legal analysis of the railway transport security system, there has been given a description of the main elements of this system. There has been disclosed a role of the subjects of security enforcement in railway transport. Particular attention has been paid to revealing the place and role of this system and the tasks solved by the departmental security of Roszheldor. There has been formulated an author's concept of “railway transport security”, there has been substantiated a necessity to coordinate the activities of all entities involved in security enforcement.

UDK: 349.2:351.74

Viktor V. Gorovoy - Candidate of Law, docent, associate professor of the department ‘Criminal law, criminal procedure and criminalistics’ of the Law Institute of the Russian University of Transport

Irina V. Shcherbinina - Candidate of Law, docent, associate professor of the department of law disciplines of the State Educational Institution of Higher Education of Moscow region “State University of Humanities and Technology” (GGTU)

Vyacheslav V. Zykov - Candidate of Law, associate professor of the department of law disciplines of the State Educational Institution of Higher Education of Moscow region “State University of Humanities and Technology” (GGTU)

Abstract. The current paper has continued the previously published work “Actual problems of administrative and legal regulation of social protection of internal affairs officers of law enforcement agencies of the Russian Federation” [4], which described the collisions of legislation identified in the course of the analysis of special norms of the legislation of the Russian Federation regulating the official activities of transport police of Russia and employees of the transport unit of the mobile special purpose (OMON) of the Russian Guard. The theoretical and practical basis of the paper includes the decisions of the higher courts, the developments of leading specialists who investigate and identify the general problems of regulating official activities of the transport police of Russia and the employees of the OMON of the Russian Guard. The authors have considered and showed the ways of solving the issues of social and legal support of all law enforcement officers of the Russian Federation at the present stage of development. In particular, within the framework of the implementation of state guarantees, there are being considered measures and mechanisms of social and legal support for the remuneration of employees of the transport police of Russia and employees of the OMON of the Russian Guard by the state bodies of the Russian Federation.

UDK: 342.951

Elena V. Shishkina - Candidate of Law, associate professor of the department of constitutional and administrative law of the Saratov military Red Banner order Institute of National Guard Troops

Yuliya Al. Kurilenko - Candidate of Law, deputy head of the department of informatics and mathematics of the Moscow University of the Ministry of Internal Affairs of the Russian Federation named after V.Y. Kikot

Abstract. The current paper has considered and described transport security and its types, the role of the National Guard in its enforcement, including the use of unmanned flying vehicles. Attention has been focused on the issue of countering terrorist threats, including those at transport infrastructure facilities. There have been identified the possibilities of the Russian Guard in enforcing transport security together with other executive authorities, using the latest developments of Russian-made unmanned flying vehicles with high-tech capabilities.

UDK: 342.951

Ivan In. Koryakin - Candidate of Law, docent, associate professor of the department of constitutional, municipal and international law of the North-Eastern Federal University in Yakutsk (NEFU)

Milena M. Barashkova - inspector for juvenile affairs of the department of the Ministry of Internal Affairs of the Russian Federation in the Gorny district of the Republic of Sakha (Yakutia)

Abstract. The current paper has considered the analysis of the current legislation and the practice of its application in the field of administrative responsibility for offenses in the field of road traffic. There have been touched upon some topical issues and proposed the ways of improving the regulatory legal acts of the federal and regional levels, regulating the issues of ensuring the interests of traffic participants.

UDK: 342.9

Olga R. Afanasieva - Doctor of Law, docent, professor of the department ‘Criminal Law, Criminal Procedure and Criminalistics’ of the Law Institute of the Russian University of Transport

Abstract. Road safety is one of the important government concerns, which was once again noted in the Strategy for road safety in the Russian Federation for 2018-2024. In this regard, in order to increase the efficiency of administrative punishment, since 2005, the government has been implementing measures aimed at tightening and adjusting the norms of law establishing administrative liability for committing administrative offenses in the field of road traffic. The author, having analyzed the changes in the dispositions and sanctions of the administrative legislation norms, identified the main trends in their change. As one of the trends of interest, there has been noted a set of changes in administrative legislation, implying increased administrative liability of individuals and legal entities for the most serious administrative offenses in the field of road traffic. Meanwhile, after analyzing the correlation between changes in administrative legislation and a number of factors characterizing the severity of the law, the author has concluded that there is a slight correlation between the value of administrative punishment and the level of offense. In continuation of the above assumption, the author has given a number of arguments confirming the low efficiency of the system of administrative punishments for committing offenses in the field of road traffic, and therefore, the tightening of liability. In the current paper, the author has negatively assessed the focus on the fiscal and financial functions of administrative punishment in the form of an administrative fine to the detriment of the educational and preventive functions of punishment. In the paper, the author has also provided the study results of the appointment and execution of an administrative fine for administrative offenses in the field of road traffic. There has been concluded that the modern approach, associated with toughening of administrative liability for the violations under consideration, seems, at first glance, to be justified, but the results of the study have raised the question of the expediency and low efficiency of an endless increase in penalties.

UDK: 347.822:351.814:629

Irina V. Podobed - head of the department of legal and personnel support of the Ministry of Transport and Road Infrastructure of the Moscow Region

Abstract. The current paper has presented a regulatory and legal analysis of the problems and efficiency of mechanisms for the implementation of powers by the constituent entities of the Russian Federation on issues of joint jurisdiction with the Russian Federation in the field of passenger trafficking by road and urban land electric transport in order to ensure their safety by establishing regional law requirements for the maximum permissible service life of vehicles, used for regular passenger traffic. In the course of the study there have been used formal legal, dialectical, systemic and structural methods and a comparison method. As a result of the study, there have been the identified problems of the implementation of regulatory and legal regulation of safety issues in the field of regular passenger trafficking at the level of the constituent entities of the Russian Federation as the implementation of their powers in the areas of joint jurisdiction of the Russian Federation and the constituent entities of the Russian Federation. There has been formulated a conclusion about the efficiency of the implementation of such a mechanism for ensuring safety in the implementation of regular passenger trafficking, as the establishment of the maximum service life of vehicles by the law of a constituent entity of the Russian Federation. There has been substantiated the thesis that it is advisable to proactively regulate the issues of organizing passenger trafficking that are not regulated at the federal level in order to ensure safe and comfortable transportation.

UDK: 342.951:351.82

Sergey Al. Semenov - head of the Federal Budgetary Institution “Marine Security Service”

Abstract. According to a number of researchers, the concept of “security incident” is not entirely successful and requires linguistic concretization, overcoming lexical incompleteness. For these purposes, part 1 of Art. 1 of the Federal Law “On Transport Security” should be stated as follows: “a security incident in transport is an unlawful interference in the activities of transport infrastructure facilities and vehicles, including a terrorist act that threatens the safe operation of the transport complex, resulting in damages to life and human health, material damage or creating a threat of such consequences”. An important issue that has a direct impact on the protection of transport infrastructure and vehicles is the lack of an exhaustive list of acts (actions) that are defined by the Federal Law “On Transport Security” as security incidents. The conducted analysis has shown that the state, through the legal institute of transport security, regulates public relations only in the part concerning security incidents, which, in the main, have signs of a terrorist act. Administrative and legal regulation of public relations related to the protection of transport infrastructure and vehicles from security incidents, the potential threat of which is not directly defined in accordance with paragraph 2 of part 2 of Art. 2 of the Federal Law “On Transport Security”, is limited by the prescription to the subjects of transport infrastructure and carriers contained in Part 1 of Art. 4 of the Federal Law “On Transport Security”, on imposing on them the enforcement of transport security of transport infrastructure facilities and vehicles. In order to conscientiously observe the prescription of the law, subjects of transport infrastructure and carriers have the right, by their local acts, to determine the list of security incidents that threaten the safety of a particular transport infrastructure object or vehicle, and independently take the necessary measures to organize the protection of transport infrastructure objects and vehicles from them.