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.

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.