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.

UDK: 629.111-235(075.8):656.052.5

Viktor Iv. Liseenko - deputy chief state inspector of State Road Supervision of the North Ural Interregional Directorate of State Road Supervision of Rostransnadzor, the 2nd class advisor to the State Civil Service, applicant of the administrative and municipal law department of the Saratov State Law Academy

Vadim N. Ishchenko - senior state inspector of the territorial department of the State Road Supervision in the Yamal-Nenets Autonomous Okrug of the North Ural Interregional Directorate of State Road Supervision of Rostransnadzor, the 1-st class public civil service assistant

Abstract. The authors of the current paper have considered one of the technical problems affecting road safety in Yugra in the Khanty-Mansiysk Autonomous Okrug, and the Yamalo-Nenets Autonomous Okrug when operating vehicles in low temperatures. Its specificity lies in the design features of the exhaust system of certain models of vehicles. In particular, many car manufacturers of the freight and passenger vehicles structurally design the exhaust pipe (muffler) on the left side of a vehicle. In the winter, when driving on public roads, the temperature of the exhaust gases and the environment is different. As a result, a large amount of white smoke is emitted from the exhaust system of the car, which significantly restricts the visibility of drivers moving from behind in the stream. Consequently, the danger of overtaking in case of smoke and, as a consequence of the limited visibility of the opposite lane, increases the risk of one of the most dangerous types of road traffic accidents, namely a head-on collision of vehicles. The authors have proposed to make the amendments to the Technical Regulations of the Customs Union TR CU 018/2011 “On the safety of wheeled vehicles”.

UDK: 656

Tatiyana Al. Maksimova - post graduate of the department ‘Administrative law, ecological law, information law’ of the Law Institute of the Russian University of Transport

Abstract. The current paper has considered the difference between transportations carried out under state (municipal) contracts, at regulated tariffs and transportations carried out on the basis of certificates at an unregulated tariff. There have been considered in detail the reasons for the termination of the Certificate of passenger and baggage transportation and the consequences of such termination for carriers. There have been made the proposals for improving the legislation in order to control the activities of carriers.

UDK: 342.5:656

Larisa L. Polionskaya - head of the Coordination and Legal Support department of the Center of Anti-Corruption Activities of JSCo “RZD”

Abstract. Based on the application of the methods of systemic legal and formal dogmatic approaches, the current paper has analyzed the Russian anti-corruption legislation, critically evaluated the conclusions made in the works of representatives of various scientific schools, law enforcement practice correlated with the subject of the study, improvement of the legal anti-corruption mechanisms. Using the tools of legal research, the author of the paper has analyzed the sufficiency and efficiency of a set of anti-corruption measures, traditional for the anti-corruption practice of Russian business, including measures aimed at preventing and resolving conflicts of interest, which all organizations, regardless of their organizational and legal form, industry affiliation, starting with 2013, were obliged to develop and accept. There has been considered in particular detail the experience of JSCo "RZD" in taking systemic measures in this area; there has been analyzed their efficiency and applicability for the implementation of state anti-corruption policy in state corporations, organizations established to fulfill the tasks assigned to the Government of the Russian Federation, public societies and organizations with state participation. The result obtained during the study has provided an opportunity to broadcast the positive experience of Russian Railways, which, in turn, could contribute to solving the main tasks set by the National Anti-Corruption Plan for 2019-2020, resolving problematic issues of improving the present Russian anti-corruption legislation.

UDK: 629.039.58

Maksim V. Trushin - deputy head of the Center of Anti-Corruption Activities of JSCo “RZD”

Abstract. The current paper has considered the directions of the government anti-corruption policy in organizations established to exercise the powers of federal executive bodies on the example of JSCo “RZD”, using the method of formal legal analysis of regulatory legal acts and local acts of JSCo “RZD”; there have been analyzed the issues of legal regulation and organizational support to the implementation of the main directions of anti-corruption activities at all levels of corporate governance. Based on the results of a critical reflection on the working experience of the bodies and officials in the prevention of corruption and other offenses, there have been proposed the most promising directions to solve the existing problems. The formulated proposals, if implemented in the process of organizing and carrying out anti-corruption activities at JSCo “RZD”, can play a positive role in improving the anti-corruption system in the field of corporate governance.

UDK: 629.039.58

Aleksandr Ig. Zemlin - Doctor of Law, professor, head of the department ‘Transport Law’ of the Law Institute of the Russian University of Transport, honored scientist of the Russian Federation

Abstract. The current paper has presented some results of a legal analysis of the provisions of the National Anti-Corruption Plan for 2018-2020, the results of their implementation in comparison with problematic issues that have not been solved. The subjects of scientific research, carried out by formal dogmatic method, have been the norms of the current anti-corruption legislation. Based on the use of the methodology of political and legal analysis, the authors have investigated the legal relations arising in connection with the implementation of anti-corruption tasks in the Russian Federation. The use of tools characteristic for the systemic legal approach to the study of the anti-corruption theory and practice in modern Russian society made it possible to analyze the experience of anti-corruption education and enlightenment, formulate conclusions on certain promising anti-corruption areas in organizations with state participation, identify some ineffective anti-corruption forms, gaps and contradictions of anti-corruption legislation. On this basis, there have been substantiated proposals for further optimization of the system of measures aimed at improving the efficiency of educational activities carried out in order to form and improve anti-corruption competencies among civil servants of transport management bodies, officials and employees of transport organizations, and the development of public anti-corruption legal awareness.

UDK: 347.963

Oleg S. Openyshev - Candidate of Law, deputy Moscow interregional transport prosecutor, state counselor of justice of the 3rd class

Abstract. The current paper has presented the study results of fundamental approaches to organization of prosecutorial supervision over the implementation of legislation on transport in the context of the spread of a new coronavirus infection, based on the application of methods of systemic legal analysis of legislation on prosecutorial supervision and transport legislation, a critical understanding of the experience of the Moscow Interregional Transport Prosecutor's Office and transport prosecutors. The analysis has revealed some contradictions and gaps in legislation that have large theoretical and practical significance for ensuring the legitimacy in transport in the context of the spread of a new coronavirus infection. There have been analyzed the main violations revealed during the prosecutor's inspections in the transport sector in the context of the spread of a new coronavirus infection. Particular attention has been paid to the analysis of the activities of regulatory authorities as a means of ensuring the legitimacy and discipline of parties of transport legal relations. There have been formulated the conclusions on the necessity to improve the regulatory legal framework, as well as the organization of prosecutorial supervision over the implementation of legislation in transport in the context of the spread of a new coronavirus infection, which should be based on the development of unified methodological approaches to the development of a conceptual and categorical apparatus to harmonize legal terms in accordance with the needs of increasing the efficiency and legality of transport activities, eliminating conflicts and gaps in legal regulation.

UDK: 351.81

Marina V. Mazaeva - consultant for the department ‘Transport Security Management’ of the Federal Agency for Maritime and River Transport

Abstract. The current paper has presented the results of the conducted systemic and legal analysis of one of the urgent issues of legal regulation in the field of transport security, which is problematic in nature and is directly related to the procedures for certification of transport security enforcement staff. Based on the analysis of regulatory legal acts, educational and scientific literature, the author of the paper has made a conclusion that currently the legislation does not fully regulate the issue of unambiguous and complete determination of the range of applicants for certification, which practically results in a conflict of interest between the employee and the employer with an appropriate certification when changing his place of work. The author has emphasized the fact that currently the employer is the only owner of the issued certificates of transport security enforcement staff. This conclusion has been confirmed by the fact that, according to the current legislation, only the employer is a contractual party of the agreement on certification, with the certification body and (or) the certification organization. According to the results of a formal dogmatic analysis of legal acts, there has been established that the employer in the arising legal relationship is the owner of transport infrastructure and (or) vehicles intended for cargo and passenger transportation, or a legal entity that is a transport security unit, or an organization claiming accreditation as such divisions. Accordingly, it is the employer who finances the activities related to accreditation and certification. Due to this fact, the issue of the certificate by the employer to the certified employee, if he changes his place of work, can be made only on a voluntary basis if there is no conflict of interest. If there are various conflicts of interest, the certificate is not issued to the employee by the employer. It is considered to be quite logical and reasonable that this circumstance significantly reduces the possibility for the owner of transport infrastructure facilities and (or) vehicles intended for cargo and passenger transportation to implement the established requirements in the field of transport security.

UDK: 347.463:656.072.5

Viktor Iv. Liseenko - acting deputy chief state inspector of state traffic supervision of the North Ural Interregional Department of State Road Supervision; state civil service counselor of the 2nd class; senior lecturer of the department ‘Road transport operation’ of the Tyumen Industrial University; applicant of Candidate of Law

Vladislav D. Romanenkov - General Director of the Ltd “Transport Control”, student of the Institute of State and Law of the Tyumen State University

Abstract. In accordance with the instruction of the Eurasian Intergovernmental Council “On the mutual recognition of national and international driving licenses issued in one state - a member of the Eurasian Economic Union, for doing business on the territory of another country of the Eurasian Economic Union”, the vehicles carrying out passenger on the territory of the Russian Federation are allowed to be driven by the citizens of the EAEU member states. Current practice has shown that Traffic police officers (Gosavtodornadzor), when carrying out control, as well as officials of road transport enterprises which release vehicles on the line, have been faced with the problem of identifying foreign drivers on the validity of their national driving licenses (the fact of revoked driving licenses). According to the authors, the problem is in the inability to obtain data on the validity of the national driving licenses of foreign drivers, for example, through information exchange between foreign and Russian databases of national driving licenses. The lack of a technical and legal basis for conducting such reconciliations does not allow timely identifying potential offenders. In this connection, unscrupulous citizens of the neighboring countries often take advantage of it, remaining unnoticed, and successfully work as bus drivers in various regions of Russia. In addition, the authors of the current paper have identified the problem of legal regulation of interaction between business entities and the Traffic police of the Russian Federation to get urgent information about the revocation of driving licenses from Russian drivers.