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.

UDK: 343.148.63

Gennady Yu. Leshchov - Candidate of Economical Sciences, deputy director of the Law institute in innovations, Russian University of Transport

Valery L. Popov - senior lecturer of the department “Forensics and criminalistics” of the Law Institute of the Russian University of Transport

Abstract. The main goal of enforcing transport security in Russia is the stable and safe transport complex operation. The main issue of its provision is the federal state control (supervision) in the field of transport. From July 1, 2021 there have come in to force such laws as the Federal Law of July 22, 2020 No. 248-FZ “On State Control (Supervision) and Municipal Control in the Russian Federation” and resolution of the government of the Russian Federation No. 991 of June 25, 2021 “On approval regulations on federal state control (supervision) in the field of railway transport” and dated December 29, 2020 No. 2328 “On the procedure for certification of experts involved in the expertise for the state control (supervision), municipal control”, which provided for the possibility of involving experts for the state control (supervision) in the field of science, technology and economic activity. On July 30, 2021, on the basis of the Russian University of Transport, there was held the scientific and practical seminar on the implementation of the above normative acts, during which the deputy head of Rostransnadzor V. B. Gulin discussed problematic issues related to expert activities in the field of transport. There was substantiated expediency of establishing the Scientific and Expert Council of Rostransnadzor, which should include leading scientists of the domestic transport universities. In the future, on the basis of the Association “Higher Educational Institutions of Transport”, there is going to be set up a self-regulatory organization, which will unite all interested parties, uniting the management, training and control bodies, including experts in the field of transport.

UDK: 342.951:351.82

Sergey Al. Semenov - head of the Federal Budgetary Institution ‘Marine Security Service’

Abstract. Despite the regular changes, there are still issues in the transport safety legislation that regularly arise as a reasons for litigation. One of these issues is the importance of the list of protected objects for the legal status of the FSUE “Departmental Security of the Ministry of Transport of the Russian Federation” when protecting from unlawful interference with transport infrastructure. The current paper has proposed to use the Federal Law of July 31, 2020 No. 247-FZ “On mandatory requirements in the Russian Federation” to resolve disputes related to the use of the specified list by the parties.