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.

UDK: 347.822:351.814:656.2

Viktor M. Koryakin - Doctor of Law, professor, head of the department ‘Civil law, international private law and civil procedure’ of the Law Institute of the Russian University of Transport

Abstract. The current paper has considered the problematic issues of staffing support of the activities of the federal state enterprise “Departmental railway transport security of the Russian Federation”. There has been presented the analysis of the current system of staff training for security activities on railway transport, identified problematic issues in this area, developed some proposals to improve the system of legal regulation of staffing support for departmental railway transport security. In particular, there has been substantiated a necessity of developing and adopting a federal state educational standard in the specialty “Legal support of national security” with a specialization “Transport and legal”.

UDK: 342.9(075.8)

Elena N. Rudakova - Doctor of Political Sciences, docent, professor of the department “Customs law and organization of the customs affairs” of the Law Institute of the Russian University of Transport

Vladimir F. Volkov - Candidate of Military Sciences, docent, associate professor of the department “Customs law and organization of the customs affairs” of the Law Institute of the Russian University of Transport

Abstract. The current paper deals with administrative offenses in the field of customs and their significance. There have been also considered the signs of such offenses and their classification. Particular attention has been paid to the elements of the composition of an administrative offense. There have been established the features of application of the administrative law norms in the field of customs: when moving goods and means of international transportation when crossing the customs border of the Eurasian Economic Union; when crossing the customs territory of the Union under customs control; when clearing, releasing and using goods and means of international transportation in accordance with the declared customs procedure; when applying customs control measures and the rules for establishing and collecting customs payments. There have been presented the objects, subjects and types of administrative offenses in the field of customs, as well as types of administrative penalties and fines.

UDK: 351.811

Anatoliy M. Skrynnik - Candidate of Economic Sciences, docent, associate professor of the department of procedural law of the South Russian Institute of Management, a branch of the RANEPA, member of the International Maritime Law Association

Abstract. The current paper has analyzed the present system of certification of transport security forces in maritime transport, identified gaps and inconsistencies associated with appealing the results and suggested the ways to improve it by including the Procedure for appealing the decision of the certification body (results of certification of transport security forces), as well as actions (inaction) of officials of the certification body.

UDK: 342.951:351.82

Sergey Al. Semenov - head of the Federal Agency for Maritime and River Transport

Abstract. In 2017 the author analyzed the differences between security and transport security, considered the issues of law enforcement and interconnection of regulatory legal acts. Taking into account the changes in the transport security legislation during this time, the obtained experience, the newly identified collisions, there has become necessary to return to this topic and correct the conclusions. The current paper has compared individual elements of the legal status of departmental security units and transport security units. Based on the analysis, there has been concluded that the legal status of departmental security units and transport security units is the same in terms of protecting transport infrastructure facilities from unlawful encroachments and from unlawful interference acts.