Статьи рубрики | Criminal and legal measures of fight against transport crimes

Gennadiy Yu. Leshchov. The railway accident investigation concept

UDK: 628.5:656.2(075.8)

Gennadiy Yu. Leshchov - candidate of Economic Sciences, the Public Council expert of Rostransnadzor (The Federal Authority for Transport Oversight)

Abstract. The problem to establish an effective, public transport security management system has deep roots and a wide range of social institutions involved in solving this issue. The system should be based on legal and regulatory instruments that allow comprehensively and completely investigate accidents and disasters, identify cause-effect relationships of actions or inaction of officials. In the process of study, the results of which are presented in this paper, the author thinks that the special importance of transport for the country's economy, national security and state sovereignty, and the vulnerability of transport system, susceptibility to its numerous and diverse threats determine and substantiate legal and organizational enforcement of transport security. The article presents the results of the system-legal and practical analysis of transport security legislation. The analysis allowed identifying contradictions and gaps in the norms of legislation that regulates the investigating procedure for traffic accidents in all transport modes being important for enforcement of transport security. There have been formulated and substantiated the conclusions about the necessity to improve the regulatory and legal framework for the investigation of traffic accidents, which should be based on the development of common methodological approaches to the development of a conceptual apparatus to harmonize and bring legal instruments in accordance with modern transport security needs. There has been proposed a new model for the initial scene investigation and the assessment of the damage caused by a traffic accident on the railway transport.

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Mikhail V. Bobovkin, Vitaliy An. Ruchkin. Forensic handwriting analysis in solving the crimes in transport

UDK: 343.98

Mikhail V. Bobovkin - Doctor of Law, professor, professor of the department of document handwriting analysis of the educational and scientific complex of forensic examination, Moscow University of the Ministry of Internal Affairs of the Russian Federation named after V. Ya. Kikotya

Vitaliy An. Ruchkin - Doctor of Law, professor, professor of the department of the forensic activities of the educational and scientific complex of forensic examination, Volgograd Academy of the Ministry of Internal Affairs of the Russian Federation

Abstract. Nowadays the law enforcement agencies increasingly apply the potential of forensic handwriting analysis to solve the crimes on transport. This tendency can be seen in the economic and property sphere, as well as in the fight against corruption, inappropriate use of budget funds, power abuse and negligence. In addition, the solution of the tasks of forensic handwriting analysis is widely used in procedural and non-procedural forms to search for persons who are subjects of crime in transport. At the same time, these are compiled search tables which contain data on the identities of the manuscript (gender, age, profession, education, psycho-physiological state, etc.), having orienting significance. The main purpose of their use is a gradual narrowing of the number of suspects to identify the person based on the handwriting features. The article highlights the most important problems to use potential of forensic handwriting analysis in the investigation of transport crimes. The authors determine the current state and the trends of further development of forensic handwriting analysis. They present the system of forensic handwriting properties, which is of great importance to solve diagnostic problems of forensic handwriting analysis in procedural and non-procedural form.

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Aleksandr S. Parshakov. On some aspects to counter the investigation of road traffic crimes committed by military personnel

UDK: 343.346

Aleksandr S. Parshakov - Candidate of Law, associate professor of the department of criminal law, criminal procedure and criminalistics, Law Institute of the Russian University of Transport (MIIT), Military University of the Ministry of Defence of Russia, senior researcher of the Research and Development Center, honorary worker of the Prosecutor's office, Reserve Colonel of Justice

Abstract. The article considers the feature to counter the investigation of road traffic crimes committed by military personnel, connected with traffic and transport safety. The author studies the specific forms of the effect on the participants of both a traffic accident and criminal proceedings, taking into consideration the experience of the military justice authorities. The author considers the mechanism of counteraction to establish circumstances of a crime, including a system of such closely related elements as subjects, purposes and motives, time, place and events, method, results and consequences. There has been given characteristics of these elements, including subjects that are classified depending on the nature of their behavior, namely active (producing active actions), passive (mostly intended inaction) and mixed type (using active and passive forms of behavior). It has been emphasized that opposition to the investigation is usually initiated and carried out by servicemen who have committed road traffic offenses and the authorities of military divisions in which they perform military service, as well as the offender’s relatives, his advocates, close friends, colleagues, law enforcement officials, representatives of the authorities and administrations, political and public figures, businessmen, and even criminals, and sometimes victims, witnesses, eye-witnesses, experts, specialists, and others. Such interest of the people mentioned above is due to family ties, the performance of professional duties, mutual responsibility, strengthening of reputation, career advancement, threats, bribery, property’s destruction or other effects. The subjects of the opposition try to change or prevent to find objective side of the crimes, as well as they interfere to establish aggravating circumstances, envisaged by the Art. 63 of the Criminal Code, and other circumstances. The article proposes the forms of tactical and psychological techniques when performing investigative and other procedural actions.

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Sergey M. Kolotushkin. The assessment of the correct record of a traffic accident in the video materials of the car DVR

UDK: 343.9

Sergey M. Kolotushkin - Doctor of Law, professor, main researcher, Federal State Institution "Research Institute FSIN of Russia"

Abstract. The article considers the methodology of the assessment of the correct record of a traffic accident in the video materials of the car DVR. The need to address such issues arises during the investigation of road accidents, when it is required to establish the linear and angular values of various objects, as well as the vehicles’ and pedestrians’ speed based on the video recording materials. The article provides a methodology for the comparative analysis of linear and angular values between stationary objects on the location and recorded in the video recording materials of a car DVR applied in a real case. To assess the correct linear values recorded by a DVR, photogrammetry methods are used. To analyze angular values, geodesical angle fixation methods are used, where stationary objects located at an alignment are used as the base. The speed of dynamic processes is estimated by the frequency of video recorded frames using an electronic synchronizer.

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Egorov Aleksandr P. An aircraft as an object of civil law: some problems of legal regulation

UDK: 347.82

Egorov Aleksandr P. - candidate applicant in law, postgraduate student at the Faculty of National Security The Russian Presidential Academy of National Economy and Public Administration (RANEPA)

Abstract. The article considers the theoretical aspects of the legal status of aircrafts as special objects of civil law. The criteria are substantiated in detail, according to which the aircraft, intended by their physical and economic properties for movement in space, are referred to real property. The main such criterion is an obligatory state registration of aircraft. The article substantiates that the aircraft begins to have the status of real estate after its individualization, i.e. after state registration. A significant place in the paper is devoted to the analysis of various definitions of “an aircraft” that are available in the literature. According to the results, the author has formulated his own definition, namely an aircraft is an aircraft maintained in the atmosphere due to interaction with air other than interaction with air reflected from the surface of the earth or water, and intended both for transporting passengers and (or) cargo, and for other purposes envisaged by its state registration.

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Artamonova Svetlana N. On the domestic experience of the organizational and legal regulation of the system controlling road traffic safety and its optimization due to modern threats

UDK: 656.13.08(075.8)

Artamonova Svetlana N. - candidate of Law, docent, associate professor of the Military University of the Ministry of Defence of Russia

Abstract. The study of the nature and contents of control and supervision, their manifestations in such a priority area of public administration as road safety is of extreme popularity. The current legislation does not contain the concept "federal government supervision over road traffic", and the legislator’s interpretation of its relationship with control in the area is not uniquely defined. At the same time, the violations of the mandatory requirements in the field of road traffic safety committed by the participants, legal entities and officials, individual entrepreneurs are still one of the main causes of road traffic injuries. The problem of ensuring road transport safety is particularly urgent, since it is one of the most important socio-economic and demographic issues of the Russian Federation, and its solution can help to implement a wide range of economic, organizational and educational measures. The article presents the analysis results of the organization’s experience and the regulatory legal regulation of the control system in the field of road transport safety, as well as the prospects for improving the controlling activity in this area, taking into account the latest threats.

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Shagiev Bulat V. Problems of operational-investigative activity of the customs authorities while transporting commodities by vehicles

UDK: 343.985:339.543

Shagiev Bulat V. - candidate of Law, docent, associate professor of the department "Customs Law and Organization of the Customs Affairs", Law Institute, Russian University of Transport (MIIT)

Abstract. The customs authorities are to carry out operational search activities in order to identify persons who prepare, commit or already committed an unlawful act, regarded as a crime, in accordance with the legislation of the member-states of the Eurasian Economic Union; the execution of requests of the non-members of the Eurasian Economic Union such as international organizations, customs and other competent authorities, in accordance with the international treaties among the member-states and a third party. The problem is that it is impossible to check everything and ensure complete accuracy of the information submitted to the customs authorities. Therefore, the limited resources of the customs authorities must be used with the greatest efficiency. It’s necessary to focus on the most risky operations and export of goods liable to higher taxation. Sustained violations of customs rules and regulations that undermine the interests of domestic producers or threaten other state interests which customs service should protect are of the primary attention at the customs. Therefore, at present, the risk management system should be directly connected with the operational-investigative agencies that receive urgent information from operational analytical departments of customs check-points and customs.

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Gutsulyak Vasiliy N. Legal means of the fight against piracy and terrorism in sea transport

UDK: 341.255.5

Gutsulyak Vasiliy N. - doctor of Law, professor, honorary worker of the Navy

Abstract. Sea transport is one of the most important "blood arteries" of the present world economy. According to a specialized agency of the United Nations "The International Maritime Organization" (IMO), shipping accounts for more than 80% of the world trade. In addition, millions of tourists today use sea cruise ships and ferries. According to the Lloyd data, a reputable insurance corporation, ships carry about 90% of merchandise. As Russia is traditionally one of the leading maritime powers, possessing the world's largest sea border (38,807 km), and its coasts are washed by 12 seas of three oceans and the internal Caspian Sea, sea transport is of vital importance. At the same time, sea transport activity correlates with the need to protect it from various external threats, among which maritime piracy and terrorism are of the greatest potential danger. Therefore, the article is devoted to the analysis of legal means used in the fight against piracy and terrorism in sea transport. The paper explains the essence of the definitions "maritime piracy" and "terrorism", substantiates the necessity to amend the Art. 227 of the Criminal Code about piracy. There have been also considered fundamental differences and common traits of piracy and terrorism. There have been analyzed the provisions of the Federal Law on March 6, 2006 No. 35-FZ "On Countering Terrorism" relating to sea transport.

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Sudenko Vladimir E. Collection and accumulation of intelligence information concerning criminal activity of the organized criminal groups in railway transport

UDK: 343.13+343.98

Sudenko Vladimir E. - candidate of Law, docent, associate professor of the department "Criminal Law, Criminal Procedure and Criminalistics", Law Institute, Russian University of Transport (MIIT)

Abstract. The fight against organized crime requires a very serious approach in the process of finding and recording information about the criminal activities of organized criminal groups. There are considered the issues of operational detection, investigation and collection of information concerning criminal activity of groups and communities. The article considers the necessity to use all kinds of forces and means, both public and secret, to establish types of criminal activity, crime scenes, traits and characteristics possessed by both leaders of organized criminal groups and communities, and leaders of all levels of the criminal structure, as well as individual members of these groups and communities. The article reveals the necessity to develop tactics to carry out operational-intelligence measures in the process of operational-investigative activity in relation to the organized crime, as well as the most general principles of private methods of their production. The paper emphasizes the need to define the moment of implementation of the collected operational and intelligence information, as this work is allowed to be neither premature nor delayed in order to avoid loss of evidential effect of the collected materials.

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Sudenko V. Problems of application of forensic technology in the disclosure and investigation of crimes, including in objects of transport infrastructure

UDK: 343.13

Sudenko V. - candidate of legal sciences, associate professor of the department «Criminal law, criminal procedure and forensics» of the Law Institute Russian University of Transport

Abstract. The problematic issues arising among theorists and practitioners regarding the use of the polygraph and the use of the resulting information in the disclosure and investigation of crimes, including the transport infrastructure. Various points of view on this problem are briefly analyzed, expressing an opinion about the use of evidence obtained as a result of the use of the polygraph as evidence, as well as those who exclude such data from the evidence.

Detection of crimes, detection of traces of criminal activity, their fixation, removal and investigation are unthinkable without the application of the provisions contained in the section criminology — criminalistic tactics. The article shows the development of many areas of forensic technology, created by using the latest technical and electronic scientific achievements, as well as computer technologies designed for the purpose of detection, investigation and prevention of crimes. The author reveals the existing obstacles to the wider use of technical and forensic tools in connection with the unresolved procedural issues regarding the confirmation of the admissibility and validity of the use of certain technical and forensic tools. As such, the polygraph-hardware and software complex, allowing to interview a particular person in real time with the simultaneous registration of changes in physiological parameters of the subject for the disclosure and investigation of a specific crime, as well as the use of dogs for identification by smell. Short opinions of both supporters of recognition of the data received with use of a polygraph, as proofs, and their opponents are given.

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