UDK: 343

Aleksandr Ol. Troitsky - Russian University of Transport (MIIT), Moscow, Russia

Abstract. The current paper has considered the concept of “illegal arms trafficking”, defined the concepts of “arms”, “illegal arms trafficking in transport”. Illegal arms trafficking today occupies one of the leading positions in the criminal structure, acting as a factor of criminogenic danger both in this country and throughout the world. Crimes in the sphere of illegal arms trafficking create a high level of public danger for the state, society and an individual, often being catalysts and components of other types of crimes, such as: organized criminal activity, terrorism, crimes against life and health. The transport sector is the most vulnerable to illegal arms trafficking, due to the fact that the major part of illegal arms is transported by air, sea, rail and road.

UDK: 342.9

Aleksandr S. Parshakov - Candidate of Law, Associate Professor, Russian University of Transport (MIIT), Reserve Colonel of Justice, Honorary Worker of the Prosecutor’s Office of the Russian Federation, Moscow, Russia

Abstract. The current paper has considered the problematic issues of qualification of violations of machine driving or operating rules and other military transport crimes in the context of special military and counter-terrorist operations. There have been presented the arguments and substantiated the establishment of criminal liability for violation of machine driving or operating rules, as well as violation of flight rules or preparation for them, violation of navigation rules and leaving a sinking warship, committed during mobilization or martial law, wartime or in conditions of armed conflict or when conducting warfare. There has been emphasized that despite the low prevalence of crimes of this type, as a rule, such acts entail major material damage and large human casualties, which determines the relevance of the study of this type of crime, investigative and judicial practice on the application of Article 350 of the Criminal Code of the Russian Federation and problems associated with their qualification. There has been proposed to introduce the qualifying feature “during mobilization or martial law, wartime or in conditions of armed conflict or when conducting warfare” into the norms of military criminal legislation into the composition of the military transport crimes under investigation, which will be a serious step towards further improving the norms of criminal legislation and eliminating the lack of regulation of issues of criminal liability for crimes committed in wartime.

UDK: 343.214

Irina Ig. Nagornaya - Candidate of Law, Associate Professor, Russian University of Transport (MIIT), Moscow, Russia

Abstract. Leaving a child unattended inside a car is a crucial issue that requires adequate legal solutions. It may be done intentionally, or a child may be forgotten, which is explained by peculiarities of a human brain when solving everyday problems. One of the main risks of leaving a child inside a car is a heat stroke. The Russian Federation has a legislative basis for bringing to legal responsibility for this act. If a child under 7 years of age is not harmed and there is no real threat of harm, there is a possible liability under the Code of Administrative Offenses of the Russian Federation. However, a 500 ruble fine under Part 1 of Article 12.19 of the Code of Administrative Offenses is not an adequate punishment for those who commit the act more than once. There should be envisaged a more severe penalty or discussed a possibility to introduce a crime with an administrative prejudice. In other cases, criminal liability may arise for leaving in danger (child endangerment), causing serious bodily harm or death by negligence, if the subject did not act with direct or indirect intent to cause harm. To establish intent, it is necessary to clarify the motives, the presence of special knowledge about the consequences of leaving a child, and the evidence that the situation is dangerous. A study of foreign experience shows the need to provide more comprehensive legal protection for persons who remove a child from a car in cause of an immediate threat to his or her life or health. It is necessary to consolidate the provisions on imaginary extreme necessity in the explanations of the Plenum of the Supreme Court of the Russian Federation. In order to prevent the said actions, it is crucial to provide more information about the danger of leaving a child inside a car, and to prevent the unintentional leaving of a child, it is necessary to use technical means of notification about the need to check the back seat of the car.

UDK: 343.346

Mariyam F. Mingalimova - Candidate of Law, Associate Professor, Kazan Law Institute (branch), University of Prosecutor’s Office of the Russian Federation, Kazan, Russia

Abstract. The current paper has considered the problem of confiscation of vehicles from persons with disabilities who broke traffic rules being intoxicated. There have been analyzed the legal norms governing the procedure for confiscating vehicles; studied the social and ethical aspects associated with the use of confiscation for this category of persons; identified problems associated with realizing the right to movement and ensuring social protection for persons with disabilities and proposed the ways to improve the practice of confiscation.

UDK: 343.3/7

Vladimir Al. Zhavoronkov - Candidate of Law, Associate Professor, Russian University of Transport (MIIT), Moscow, Russia

Abstract. The current paper has considered some issues of investigating road traffic accidents (hereinafter referred to as RTAs) caused by dangerous (aggressive) driving. There have been described the factors that negatively affect both the efficiency of individual investigative actions and the investigation. There have been identified the existing shortcomings of investigating the RTA scene, the features and difficulties to obtain objective information about the event occurred, etc. There have been presented convincing statistics and opinions of scientists, confirming the increased danger of dangerous (aggressive) driving and the severity of consequences of the RTA committed under such circumstances. There have been considered some legal aspects of dangerous (aggressive) driving and problems associated with recording this type of offense and proving it. There has been paid a particular attention to the work of the legislative bodies of the Russian Federation to combat dangerous driving. There has been proposed specific measures aimed at eliminating problems arising when investigating road traffic accidents caused by dangerous (aggressive) driving, as well as measures to combat this type of violation of the Traffic Rules.

UDK: 343.97

Elena An. Drozdova - Candidate of Law, Associate Professor, Russian University of Transport (MIIT), Moscow, Russia

Abstract. The current paper has presented a comprehensive analysis of the set of factors (socioeconomic, technical, psychological and organizational) that determine the nature and scale of crimes in the transport sector. There has been considered a wide range of issues related to the security of transport infrastructure, from identifying the main causes of offenses and to assessing their consequences for public order. Particular attention has been paid to both theoretical aspects of transport security and practical measures aimed at preventing crimes in this area. At the same time, there has been emphasized a necessity to improve legal regulation, including increasing liability for acts committed in transport. There has been highlighted the importance of modern technologies for minimizing the risks associated with criminal manifestations in the transport sector. The implementation of intelligent transport systems, including video surveillance, automatic recognition of vehicle numbers and faces, as well as platforms for monitoring the traffic situation in real time have been given as examples. There has been emphasized a role of digitalization in reducing crime rates, including through protecting transport systems from cyberattacks. In addition, there have been considered the issues of interaction between various government agencies and issues of international cooperation in preventing transport crimes. There have been analyzed such contemporary challenges as the growth of migration flows and its impact on the dynamics of crimes in the transport sector, the use of vehicles for terrorist purposes, and the adaptation of the transport security system to the conditions of globalization. There has been concluded the need for a comprehensive approach to transport security enforcement, which involves a combination of legal, social, technical and organizational tools.

UDK: 343.97

Svetlana V. Gusarova - Candidate of Pedagogical Sciences, Associate Professor, All-Russian State University of Justice (RPA of the Ministry of Justice of Russia), Moscow, Russia

Abstract. Train surfing (also known as train hopping or train hitching) means riding on the outside of a moving train, tram, or other forms of rail transport. Having appeared simultaneously with the development of steam locomotive transport, train surfing has taken more than one hundred lives. Statistics dispassionately state how many human lives have been ruined by this reckless passion; the figures speak of the deaths of very young people who have accomplished nothing in life. The purpose of the current paper was to show the real danger of this extreme hobby. There has been given a description of train surfing, analyzed the history of the emergence of train surfing in Russia, highlighted the personal characteristics of train surfers and the most significant motivations for their behavior, and analyzed possible ways to prevent this dangerous phenomenon.

UDK: 343

Aleksandr Ol. Troitsky - Russian University of Transport (MIIT), Moscow, Russia

Abstract. The current paper is devoted to the study of the problem of illegal arms trafficking as one of the key threats to national security. The paper has studied the nature and scale of this phenomenon, its correlation with terrorist activity, organized crime and regional instability. Particular attention has been paid to the analysis of factors which increase illegal arms trafficking, such as legal gaps and international smuggling. The paper has presented the statistics confirming the growth of cases of illegal weapons use, which proves the necessity of effective countermeasures. The study has highlighted that the fight against illegal weapons trafficking requires a systemic and multifaceted approach aimed at protecting national interests and ensuring public safety.

UDK: 343.983.25

Igor V. Kiselevich - Candidate of Law, Associate Professor, Russian University of Transport (MIIT), Moscow, Russia

Mikhail V. Belyaev - Candidate of Law, Associate Professor, Moscow University of the Ministry of Internal Affairs of the Russian Federation named after V. Y. Kikot, Moscow, Russia

Abstract. Forensic examination of cable locking and sealing devices is a process of studying and evaluating these devices in order to establish their authenticity, integrity, and the possibility of using them as evidence in solving criminal or civil cases. The current paper has identified the problems that can arise when examining locking and sealing devices’ resistance to unauthorized opening and there have been suggested the ways to solve these issues.

UDK: 343.9

Nataliya Al. Grishko - Candidate of Law, Associate Professor, Russian University of Transport (MIIT), Moscow, Russia

Abstract. In recent years, organized crime has increasingly developed new mechanisms of criminal attacks, especially in transport, which, being the most important economic component, traditionally attracts the attention of representatives of organized criminal communities. The process of merging criminal and economic organized crime itself appears to be long-term, subject to the effect of both positive and negative external factors. Modern criminal features of organized crime in transport act as a kind of indicator of the key directions and trends of this illegal activity. The current paper has studied the role of transport infrastructure both as an object of selfish interest of organized criminal groups, and the importance of criminological forecasting for the development of strategies and methods of counteraction. Particular attention has been paid to the necessity for legal regulation to strengthen the legal basis for combating transport crimes. There has been studied a destabilizing effect of the corruption factor in the process of combating organized crime in transport. A significant role has been given to victimological prevention to potential possible objects of criminal attacks. There has been noted that the development of the transport industry itself contributed not only to the emergence of new types of crime, but also to a change in the tactics of criminal activity in related areas. The registered crime rates cited in the current paper are falling due to both the efficiency of the preventive activities of authorized entities, and the process of the presented crimes becoming latent. There have been defined and criminologically substantiated the most acute issues, the solution of which is aimed at improving and increasing the efficiency in combating organized crime in transport.