UDK: 343.136

Stanislav V. Bazhanov - Doctor of Law, professor, academician of the Petrovsky Academy of Sciences and Arts, retired colonel of justice

Andrey Ar. Malakhov - associate professor of the department of criminal law disciplines, Russian Academy of National Economy and Public Administration under the President of the Russian Federation (a branch in Vladimir), retired police colonel

Abstract. The current paper has presented the study of certain issues related to the legal status of the captains of sea and river vessels on long-distance voyages in the criminal process of the Russian Federation. The attention of the reading audience has been focused on their powers (as bodies of inquiry) associated with the initiation of criminal cases and the implementation of urgent investigative actions. There has been proved that the current version of Art. 40 of the Code of Criminal Procedure of the Russian Federation is not correct and causes fundamental rejection. It is to be finalized as soon as possible by Russian parliamentarians in order to ensure effective public and personal security of personnel and passengers of sea and river transport in (long-distance) navigation.

UDK: 343.148.63

Valery L. Popov - Russian University of Transport (MIIT)

Abstract. Modern forensics in air, rail and water transport is today regarded as one of the most important sources of obtaining reliable and objective evidence in court. At the same time, despite the modern development of forensic activity in Russia, there is no state forensic support for the technical study of railway, air and water transport, which is a consequence of the Soviet and post-Soviet period of investigations of accidents and incidents in transport, which is under the jurisdiction of the state. Based on this, the current forensic support of this type of research is carried out only on a paid basis by non-state forensic organizations, which since 2001 have not developed on the generally accepted principles of state forensic examination based on knowledge of the theoretical and methodological foundations of forensics that determine the degree of scientific character and objectivity of the applied methods and techniques. Art. 41 of the Federal Law of May 31, 2001 No. 73-FZ “On State Forensic Activities in the Russian Federation” has fixed the functioning of non-state forensics at the legislative level, and on the other hand, limited the effect of a number of articles on non-state forensics of the same Law, which determine the qualification requirements for a forensic specialist, as well as the unity of professional training and the scientific and methodological approach to research. To understand this, there have been studied the reasons for the current forensic practice in the transport block and there have been proposed the measures that should qualitatively affect the elimination of existing problems in forensic activities to provide forensics in air, rail and water transport.

UDK: 342.9

Aleksandr S. Parshakov - Candidate of Law, associate professor, Russian University of Transport (MIIT), Military University of the Ministry of Defense of Russia, retired colonel of justice

Abstract. The current paper has considered the features of bringing military drivers and military officials to legal responsibility for committed incidents involving cars, military, special and transport vehicles. The author has analyzed the types of legal liability to which military personnel may be involved, namely administrative, disciplinary, material and criminal. There has been emphasized that, depending on the severity of the consequences, one or another type of legal liability may be applied to military personnel, for example, for violation of the rules for driving and operating vehicles that did not lead to accidents with people or other serious consequences, military personnel may be subject to disciplinary liability, and commanders, senior officers and other military officials may be held criminally liable for violation of the rules for driving or operating vehicles. With regard to a serviceman, as a subject of transport and other offenses related to transport, the author has comprehensively considered the possibility of bringing him to criminal liability for other crimes related to automotive and other military equipment, in particular, intentional or negligent destruction or damage to military property, loss military property, failure to provide assistance to a person in a life-threatening condition, poor-quality repair of vehicles and their release into operation with technical malfunctions, forgery or destruction of the vehicle identification number. Considering the practice of bringing military personnel to various types of legal liability for offenses related to transport, including military ones, the author has relied on the practice of the activities of the military prosecutor’s office and military investigative agencies.

UDK: 343.343.3

Iliya S. Krylov - Main Directorate for Transport of the MIA of Russia

Abstract. The current paper has made attempts to reveal the specifics and approaches to establishing a characteristic sign of crimes infringing on public order, committed in transport. Taking into account the generalization of the provisions of normative legal acts in the field of transport and judicial and investigative practice, there has been proposed the author’s position on the practical use of the concepts of “vehicle”, “public transport” for the classification of hooliganism and vandalism committed in transport.

UDK: 343.341.1/342.3:656

Petr N. Kotkin - Candidate of Law, professor, Institute of International Trade and Law

Artem An. Zadorozhny - Lomonosov Moscow State University

Abstract. The current paper has discussed certain aspects of the use of technical and forensic tools in relation to transport infrastructure facilities, analyzed the practice of purchasing such tools, including with the aim of improving anti-terrorist security of transport infrastructure facilities. In addition, there have been proposed specific changes to the current legislation and refinement of the technical and forensic tool (patented by the authors) to improve anti-terrorist protection of such objects. The authors believe that the proposals are more relevant than ever taking into account the recent sabotage and terrorist attacks on transport infrastructure facilities.

UDK: 351.749

Stanislav V. Bazhanov - Doctor of Law, professor

Andrey Ar. Malakhov - The Russian Presidential Academy of National Economy and Public Administration (RANEPA)

Abstract. The current paper deals with certain issues related to the peculiarities of the legal status of linear departments, departments, and points of internal agencies (police), equally interpreted by the Criminal Procedure Code of the Russian Federation as bodies of inquiry, which, according to the authors, causes rejection. There have been analyzed in detail the norms of federal legislation, as well as other (by-law) normative legal acts of the Ministry of Internal Affairs of Russia, which regulate the procedure for detecting and investigating crimes committed mainly at railway stations by investigators of the linear internal affairs agencies (police).

UDK: 343.85

Olga R. Afanasieva - Doctor of Law, associate professor, Russian University of Transport

Abstract. Transport criminality of persons who have previously committed crimes forms an independent object of forensic knowledge. The necessity to establish specific properties, characteristics and trends in the development of recidivist crime determine the relevance of conducting a forensic study aimed at establishing the status and trends in the development of recidivist crime in transport and transport infrastructure facilities, which has an increased degree of public danger and entails larger social consequences. Such scientific and practical developments contribute to the coordination of the activities of all subjects of recidivism prevention, the scientifically based development of managerial decisions, the implementation of effective prevention measures and the formation of federal and regional programs to combat crime. The current paper, based on the data of official statistics of the Federal State Institution “GIAC of the Ministry of Internal Affairs of Russia”, has presented the dynamics of transport crimes committed by people who previously committed crimes in 2017―2022. There has been characterized an indicator of the share of transport recidivism in the structure of investigated crimes in transport. Based on the analysis of indicators reflecting the monthly dynamics of recidivism, there has been presented a model for the development of transport recidivism using the sliding year method. The current paper has also presented the territorial distribution of recidivist crime at transport infrastructure facilities, as a result of which it was found that almost half of recidivist transport crime (47.1%) is investigated by three out of ten Transport Directorates of the Ministry of Internal Affairs of Russia in federal districts. There have been noted positive changes in the structure of transport recidivism. Particular attention has been paid to indicators reflecting the dynamics of a number of identified people who have previously committed crimes, their gender and age structure and existing criminal experience. Also, based on the analysis of indicators reflecting the monthly dynamics of a number of identified people who had previously committed crimes, using the sliding year method, there has been presented a model for the manifestation of criminal activity of repeat offenders.

UDK: 343.851.5:351.749.6

Pavel B. Afanasiev - Candidate of Law, associate professor, Russian University of Transport

Georgy F. Koimshidi - Candidate of Technical Sciences, associate professor, ARRI MDA of RF

Abstract. As an independent object of forensic study of transport security threats, there have been identified a state and trends of juvenile delinquency at transport infrastructure facilities. It is impossible to predict and plan a strategy for combating juvenile delinquency at transport facilities in the absence of an idea of the scale and trends in the development of a criminal phenomenon. The current paper has presented an analysis of the official statistics of the Federal State Institution “GIAC of the Ministry of Internal Affairs of Russia”, reflecting the number of crimes committed by juveniles at transport infrastructure facilities, and the number of persons identified for committing the analyzed crimes, in the period from 2017 to October 1, 2022. Forensic analysis of official statistical data was based on the methods of the increasing year and the sliding year, which allowed to consider seasonal variations in juvenile delinquency. Based on a monthly analysis of statistical data for the period from 2017 to 2022, the authors have graphically presented the wave-like dynamics of juvenile delinquency at transport infrastructure facilities with an upward trend and the number of detected juveniles who have committed crimes, with a downward trend. Data reflecting the geography of juvenile delinquency in transport have shown that most of the analyzed crimes are investigated by the transport departments of the Ministry of Internal Affairs of Russia in the Central and Volga Federal Districts, which is predetermined by the peculiarities of the branching and length of transport routes and infrastructure in Russia. The study of the degree of public danger of juvenile delinquency at transport infrastructure facilities has been presented by analyzing the indicators of the structure of crime according to the category of crimes committed by juveniles and the index of severity of juvenile delinquency.

UDK: 343.16:343.344:656.2

Aleksander Ol. Troitsky - Russian University of Transport

Abstract. Countering the illegal arms trafficking in transport is one of the fundamental conditions for the fight against crime. Among other tasks, it is aimed at eliminating the causal complex that gives rise to these types of crimes and is aimed at carrying out preventive work to minimize possible risks in case of their inevitable commission. The problem is so significant since many crimes (murders, robberies, extortion, terrorist acts, etc.) are committed with the use of weapons. The current paper is devoted to the problem of preventing crimes related to the illegal arms trafficking caused by the gaps in informing the subjects of the prevention of illegal arms trafficking.

UDK: 343.9

Dmitry V. Kuzakov - Russian State University of Justice

Abstract. There have been analyzed scientific publications devoted to the disclosure and investigation of crimes connected with the services for the transportation of passengers by water and air transport that do not meet the life and health safety requirements. As a result of the study, there has been made a conclusion that at present there is an increase in the number of publications devoted to the topic in question, which suggests that in the foreseeable future, increased interest in certain issues at the investigation stage will result in the emergence of a unified approach to the disclosure and investigation of this type of crimes.