UDK: 656

Oksana Iv. Mamina - Candidate of Law, associate professor of the department of Administrative Law, Ecological Law, Information Law of the Law Institute of the Russian University of Transport

Abstract. As part of the reform of enforcement activities in Russia, the automation of this activity through the operation of relevant information resources has been considered as one of the urgent facets to improve the interaction of enforcement agencies and persons. The large-scale digitalization of enforcement activities in the field of transport, which already uses a risk-based approach, is aimed at reducing the costs of controlled objects, increasing the efficiency of information exchange, as well as the efficiency and transparency of state control (supervision). The current paper presents and explores the provisions of individual acts of government, the implementation of which is aimed at the gradual implementation of information-analytical systems and services in the enforcement activities of the Rostransnadzor and other federal executive bodies.

UDK: 342.95

Olga R. Afanasieva - Doctor of Law, docent, associate professor of the department of Criminal Law, Criminal Procedure and Criminalistics of the Law Institute of the Russian University of Transport, afanasevaor@yandex.ru

Abstract. Transport security is a relatively new administrative and legal institution, the emergence of which is associated with the adoption of the Government regulation, defining the issues of Russian Ministry of Transport. Despite the fact that this legal category is not only legally identified, but also defined in the current Federal Law of February 9, 2007 No. 16-ФЗ "On Transport Security", the discussions in the scientific literature are going on: its legal definition, the possibility of use in the science and law enforcement activity as the synonym for such categories as "safety at transport facilities", "safety at transport", "safety of transport infrastructure", which, despite their similarities, are often used in their own content different from "transport security"; the main structural elements of "transport security"; its relationship with other types of security, etc. The current paper substantiates the allocation of transport security as one of the types of national security; determines a means to achieve socio-economic and foreign policy goals of our country; considers its essence and content as one of the subjects of administrative regulation. As a component of legal measures, the author has presented a set of administrative and legal measures intended for the legal regulation of public relations arising at the objects of transport infrastructure and means of railway, air, sea, river and other modes of transportation to counteract unlawful interference in the activities of transport infrastructure as well as the elimination of their consequences. The current paper reveals the difficulties arising in connection with the implementation of administrative measures, provides a system of regulatory legal acts, through the implementation of which modern administrative and legal support for transport security in Russia can be carried out.

UDK: 35.083

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

Aleksandr Ig. Zemlin - Doctor of law, professor, head of the department of Transport Law of the Law Institute of the Russian University of Transport, honored scientist of the Russian Federation, supervisor of the direction of the Scientific-Advisory Section of the Center for Security Studies of the Russian Academy of Sciences (SAS CSS RAS)

Abstract. Based on the application of systematic legal and formal-dogmatic approaches, the current paper has analyzed Russian anti-corruption legislation, considered the papers of representatives of scientific schools, and studied law enforcement practice relevant to the subject of the study. There has been concluded that the attention paid in the National Anti-Corruption Plan for 2018–2020 to the application of legal mechanisms to prevent and resolve conflicts of interest was well-founded, since the task has been now set to find new methods of preventing and resolving conflicts of interest not only in public service, but also in organizations established to fulfill the tasks assigned to the Government of the Russian Federation. There has been considered the experience of JSC «Russian Railways» in taking systemic measures, developing and applying methodological recommendations. The obtained result can contribute to the distribution of the Russian Railways’ experience, which can have a positive effect in improving Russian anti-corruption legislation.

UDK: 347.752:656

Aleksandr P. Ovechkin - Doctor of Philosophical Sciences, professor, professor of the department ‘Administrative Law, Ecological Law, Information Law’ of the Law Institute of the Russian University of Transport

Abstract. The analysis of the development of modern international relations convincingly shows that transport organizations are becoming more and more active participants in these relations, carrying out the transportation process of passengers and goods, and therefore, they are all more actively involved in the system of currency legal relations. In this perspective, the study of their currency and legal status is of great relevance. In the current paper the currency and legal status of transport organizations has been considered as a set of general, special and additional rights and obligations, as well as liability for violations of currency legislation. At the same time, there has been analyzed the currency and legal status of only those transport organizations that are residents in accordance with Russian currency legislation. The current paper discusses both the theoretical aspects of the problem and the problems of law enforcement practice, as well as some recommendations. The methodological basis were the works of leading experts in the field of currency law. The normative basis are the currency legislation acts, the acts of currency regulation bodies and the acts of currency control bodies. Writing the paper, the author relied on the dialectical method of cognition, and on such special methods of scientific knowledge as systemic and comparative analysis.

UDK: 34 (078)

Sergey F. Mazur - Doctor of Law, professor, researcher of the Research Center of Academy of Management of the Ministry of Internal Affairs of the Russian Federation

Elena V. Karpycheva - Candidate of Historical Sciences, docent, associate professor of the department 'Information technologies in jurisprudence and document supply of management' of the Law Institute of the Russian University of Transport

Abstract. In the current paper the authors have studied the goals, objectives, and the procedure for applying professional standards related to the activities of railway staff and enforcing security of this mode of transport. There has been conducted a comparative analysis of professional standards: a train attendant; a train electrician; a train safety inspector. There have been considered the generalized labor functions, labor skills, labor actions, as well as knowledge and skills regulated by the professional standards adopted to ensure the safety of passengers, goods, luggage, environmental safety. The analyzed professional standards are aimed to stimulate the staff to study and competently apply the regulatory legal and local regulatory acts that regulate safety organization on railway transport. The current paper has also analyzed the only sufficiency of official publication of orders of the Russian Ministry of Labor, which approved these professional standards, on the official Internet portal of legal information and on the official website of the Russian Ministry of Labor.

UDK: 347.73:656

Olga M. Zemlina - Candidate of Law, docent, associate professor of the department "Transport Law" of the Law Institute of the Russian University of Transport, Member of the Scientific-Advisory Section of the Center for Security Studies of the Russian Academy of Sciences, honored worker of the Higher Professional Education

Aleksandr Ig. Zemlin - Doctor of Law, professor, head of the department "Transport Law" of the Law Institute of the Russian University of Transport, Member of the Scientific-Advisory Section of the Center for Security Studies of the Russian Academy of Sciences, honored scientist of the Russian Federation

Abstract. The current paper has studied some legal and organizational aspects of internal financial control and internal financial audit to ensure the transport system development. It has identified significance of internal financial control and internal financial audit in the context of the application of the program-targeted and project methods for planning budgetary expenses to solve system-wide transport problems. Based on the analysis of the theoretical foundations and the legal framework for legal support and organization of internal financial control and internal financial audit, there were identified inconsistencies and gaps in Russian legislation. There were analyzed the changes to budget legislation that came into force in 2020. There were proposed the directions to improve legal regulation in order to ensure efficiency of internal financial control and internal financial audit in the context of the implementation of program-targeted method and project approach to the Russian transport system development in accordance with the objectives of the Transport Strategy of the Russian Federation for the period up to 2030, as well as indicators of the state program "Development of transport system."

UDK: 378.046.4:656.62.08

Aleksandr Ig. Zemlin - Doctor of Law, professor, head of the department 'Transport Law' of the Law Institute of the Russian University of Transport, Member of the Scientific-Advisory Section of the Center for Security Studies of the Russian Academy of Sciences, honored scientist of the Russian Federation

Abstract. Using formal-dogmatic analysis, the current paper has examined the norms of legal acts of current Russian transport and educational legislation. The study results have shown the necessity to improve the quality of legal regulation of relations in the field of training staff for transport security enforcement system and personnel allowed to work in the field of transport security during the operation and the use of transport and its infrastructure. The study results have also considered a necessity to improve the efficiency of the organizational component and the legal basis of the training system of qualified personnel for transport security enforcement. The preparation of the current paper has been determined by the needs to identify the patterns of development of the training system of qualified personnel for transport security enforcement because of growing threats to transport security; to fix promising directions, principles and relevant forms of development of the legal and organizational framework for training qualified personnel for transport security enforcement. The study was carried out using the methods of systemic legal analysis, using a formal legal approach. The presented study results can serve as a starting point for further discussion about the prospects, trends and directions of development of Russian legislation to enforce transport security.

UDK: 346:629.331

Roman Al. Mazhinsky - post graduate of the Institute of law and management, Moscow City Pedagogical University (MGPU)

Abstract. In this paper the author analyzes the novelties of the legal regulation of the licensing of business activities for the road transportation of passengers and baggage, which was put in force on March 1, 2019. The author considered the current issues of business risks and the impossibility to fulfill obligations under chartering contracts related to the new edition of regulatory legal acts which define the rules to obtain a license to carry out relevant business activities.

UDK: 339.543:656.2

Sergey Al. Verigo - candidate of Economic Sciences, docent, associate professor of the department of customs law and organization of the customs affairs, Law Institute of the Russian University of Transport

Tatiyana N. Semina - customs declarant of OOO "DHL Express"

Abstract. Due to its territory Russia is one of the largest countries in the world, and the presence and development of transport infrastructure is of great necessity for the full economic development of the state. This country due to its geographical position has almost all modes of modern transport. The transport system of the state plays a crucial role in socio-economic development, and to provide consumers with reliable transport services with minimal transport costs is perhaps the main condition for sustained economic development [1, p. 34]. The article deals with the issues of customs control on railway transport; it highlights the problems of its improvement in connection with the reduction of costs for completing customs formalities. The authors have concluded that it is necessary to further reform the customs control system.

UDK: 347.963:656

Oleg S. Openyshev - candidate of Law, deputy of the Moscow Interregional Transport prosecutor, state 3-rd class counselor of justice

Abstract. Based on the systematic legal and formally dogmatic analysis of the legislation on prosecutorial supervision and transport legislation, the article presents the study results of fundamental approaches to the organization of prosecutorial supervision over the implementation of legislation on protection of entrepreneurs’ rights in transport. The conducted analysis has revealed some contradictions and gaps in the legislation that are of significant theoretical and practical importance for enforcement of law in transport. There have been analyzed main violations detected during prosecutor's checks in this area. Special attention has been paid to the analysis of the activities of regulatory bodies as a means to provide legality and discipline of participants in transport relations. There have been formulated and substantiated some conclusions on the need to improve the regulatory framework, as well as the organization of prosecutor’s supervision over implementation of the legislation on protection of entrepreneurs’ rights in transport, which should be based on the development of uniform methodological approaches to the development of conceptual and categorical apparatus to harmonize legal terms with the necessity to improve the efficiency and legality of transport activities, to eliminate conflicts and gaps in legal regulation.