UDK: 34

Stanislav V. Bazhanov - Doctor of Law, Professor, Academician of the Petrovskaya Academy of Sciences and Arts, Retired Colonel of Justice, Moscow, Russia

Andrey Ar. Malakhov - Associate Professor of the Criminal Law Discipline Department, Russian Presidential Academy of National Economy and Public Administration (RANEPA, Vladimir branch), Retired Colonel of Police, Vladimir, Russia

Abstract. The current paper has presented the study of the individual issues related to the legal status of linear internal affairs departments of (LIAD) in air transport, their heads, as well as specialists investigating crimes committed at the facilities of the corresponding infrastructure. The authors of the paper consider the wording of Article 40 of the Criminal Procedure Code of the Russian Federation in the part concerning the regulation of the legal status of (the heads of inquiry bodies and officers in the LIAD to be incorrect and subject to urgent revision to effectively ensure the safety of crews and passengers of aircraft located outside the destination airport. There has been also stated that the preliminary investigation of transport crimes and incidents, regulated by the norms of the Criminal Procedure Code of the Russian Federation, should not be burdened by administrative (official) investigations carried out by so-called special state commissions, as well as technical investigations carried out by civil personnel.

UDK: 43.3/.7(075)

Valentina Iv. Shiyan - Candidate of Law, associate professor, Russian University of Transport (MIIT)

Abstract. At the present stage of development of society in all countries of the world, crimes against traffic safety and operation of transport pose a threat to state and public security, since they are associated with huge social, material and demographic losses. The solution to the problems of ensuring traffic safety is not limited by the framework of a single state and the norms of national legislation. The international community is actively involved in addressing issues related to improving road safety, as evidenced by numerous global conferences, high-level international meetings, and final documents (declarations, resolutions, global plans, technical documentation packages, etc.) that outline the main proposed measures, call for the establishment of national targets to reduce the number of deaths, and the development and implementation of regional, national and subnational plans that include road safety targets. The relevance of the issues discussed in the paper is underlined by the fact that the period from 2021 to 2030 has been declared by the United Nations as the Second Decade of Action for Road Safety. The paper has presented the study results of the Russian legislation, documents of international organizations, scientific works, and statistical indicators of the Ministry of Internal Affairs of Russia for the period from 2019 to 2023 on crimes under Chapter 27 of the Criminal Code of the Russian Federation, which made it possible to identify their status, dynamics, tendencies, and basic preventive measures. There has been drawn an attention to the latency of the type of crime under study and the regional component. According to the author, the consistent tendency of decreasing crimes against traffic safety and operation of transport recorded by official statistics is explained by the improved efficiency of preventive measures and the effectiveness of interaction between the entities implementing these measures.

UDK: 656.13

Mariyam F. Mingalimova - Candidate of Law, associate professor, Kazan Law Institute (a branch) of the University of Prosecutor’s Office of the Russian Federation, Kazan

Abstract. The current paper is devoted to the issues of preventing the commission of crimes in the field of road traffic safety. There has been emphasized the necessity to change the behavior of road users who drive vehicles while intoxicated, to ensure the safety of road users and reduce the number of deaths and injuries on the roads. There have been demonstrated specific examples of the sequence of formation and implementation of domestic state policy in the field of road traffic safety at the federal and regional levels. There has been analyzed an efficiency of the means used to combat drunk drivers and given statistical indicators. There has been paid special attention to foreign experience.

UDK: 342

Sergey Iv. Leonov - Russian University of Transport (MIIT)

Abstract. The current paper has substantiated the relevance of developing a system of regulatory and other organizational measures in the field of ensuring public safety and security in railway transport. The arguments made by the author are supported by current statistics on crime and accidents in transport. There has been shown multiplicity of cases of crimes committed in transport, highlighted the number of crimes committed in transport using information and telecommunication technologies or in the field of computer information. There has been defined the Concept of Public Safety and Security in the Russian Federation as a necessary organizational basis for the practical implementation of administrative and legal measures to improve the railway transport protection system.

UDK: 343.3/.7

Vladimir Al. Zhavoronkov - Candidate of Law, associate professor, Russian University of Transport (MIIT)

Abstract. The current paper has presented the study of the problems of a forensic examination of vehicle markings that arose because of the withdrawal of vehicle manufacturers in Europe, North America, as well as several Asian countries, such as South Korea and Japan from the Russian market. The difficult situation that has arisen with the provision of information to the process of conducting forensic examinations of this type has occurred because the activities of official representative offices of foreign vehicle manufacturing factories of the above states have been given away on the territory of our country. As a result, the information arrays of these factories, which have recently been actively used in establishing primary (factory) identification markings, have become unavailable. This significantly complicated the examination and research of vehicle markings and reduced the performance of forensic departments (hereinafter referred to as FD) of internal affairs bodies. The variety of vehicles from Chinese manufacturers that have appeared on the Russian market and the establishment of information links with them allows us to assess the situation for the near future as positive with moderate optimism. But for now, the main task is to restore information links with vehicle manufacturing factories from the states that have ceased their activities in Russia. Based on the analysis results of the current situation in this area of forensic activity, there have been identified areas of work that would eliminate the problems that have arisen and would provide information support for the process of forensic examinations and research of vehicle markings in the future.

UDK: 343.346

Viktor V. Gorovoy - Candidate of Law, associate professor, Russian University of Transport (MIIT)

Sergey V. Dubovichenko - Candidate of Law, associate professor, Moscow University of Finance and Law (MUFL)

Svetlana Yu. Yushenkova - Moscow University of Finance and Law (MUFL)

Abstract. Destruction of vehicles and ways of transportation is one of the most dangerous transport crimes, since it can lead to major accidents, the death of many people, significant property damage, and other socially dangerous consequences. Federal Law of December 30, 2020, No. 526-FZ Art. 267 of the Criminal Code of the Russian Federation is set out in a new edition. It was fundamental to change the design of this crime from material to specific danger. Having studied this norm from a retrospective and comparative legal point of view, there has been concluded that the use of a specific hazard composition is justified and necessary to enforce transport security. However, the proposed changes are not free from several shortcomings, both legal-technical and substantive. There has been critically estimated the introduction of a very vague concept of “security threat” to characterize one of the possible consequences of this crime. The inclusion as qualifying signs of careless infliction of light and moderate harm to health does not meet the criteria for differentiation and individualization of criminal liability for transport crimes. There have been also studied the criteria for estimating the threat of socially dangerous consequences and raised the problem of containing the subjective side of the composition of a specific danger.

UDK: 343.346

Valeriy An. Novikov - Candidate of Law, associate professor, Russian University of Transport (MIIT)

Valentina Iv. Shiyan - Candidate of Law, associate professor, Russian University of Transport (MIIT)

Abstract. One of the priority areas of state policy and an important factor in ensuring sustainable socio-economic and demographic development of the Russian Federation is improving road safety, aimed at preserving the life, health, and property of citizens. The current paper has presented the results of a study of regulatory legal acts, materials of judicial practice, scientific works, and official statistics for the period from 2015 to 2022 about crimes provided for in Art. 264.1 of the Criminal Code of the Russian Federation, large-scale sociological studies on the level of personal security. There has been paid attention to modern trends (among the main ones is a noticeable increase in registered crimes provided for in Article 264.1 of the Criminal Code of the Russian Federation, and the persons who committed them, their growth rates, as well as the number of convicts, etc.) and the regional aspect. There have been identified leaders of criminal statistics by the number of registered crimes under Art. 264.1 of the Criminal Code of the Russian Federation. There have been considered the most pressing and controversial issues of criminal liability for repeated driving of a car, tram or other mechanical vehicle while intoxicated after bringing a person to administrative responsibility for a similar act or a person with a criminal record for committing crimes under Parts 2, 4, 6 of Art. 264 or Art. 264.1 of the Criminal Code of the Russian Federation. There have been analyzed such legal concepts as “driving a mechanical vehicle”, “state of intoxication”, “authorized official”, “person with a criminal record”, which the legislator uses as crime-forming characteristics in these crimes. The emphasis has also been made on the state of intoxication caused by “other substances”, the problems of the algorithm for passing a medical examination for intoxication. There have been given the recommendations on the qualification of crimes provided for in Art. 264.1 of the Criminal Code of the Russian Federation.

UDK: 342.9

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

Alexey A. Parshakov - Military Prosecutor's Office of the Western Military District, Lieutenant Colonel of Justice

Abstract. The current paper has studied the issue of changing the state approach to criminal policy, which laid the foundation for the development of wartime criminal legislation. At the same time, there has been emphasized that the legislator took a selective approach to changing this criminal legislation, focusing on the classification of only part of the crimes, unreasonably leaving several articles in the previous edition, including military transport crimes, such as abandoning a sinking warship, violating driving rules or operation of machines, violation of flight rules or preparation for them and violation of navigation rules. Moreover, most of these crimes are blanket, since they are associated with violation of the rules that are established by regulatory legal acts and local regulations, both in peacetime and in combat situations. In addition, there have been given the examples and other reasoned arguments to justify the need to qualify these military transport crimes during periods of mobilization or martial law, wartime, or in conditions of armed conflict or hostilities. In addition to proposals to introduce the qualification under consideration into the indicated crimes of the chapter on crimes against military service, there has been proposed to make an addition to the chapter on crimes against the order of government of the Criminal Code of the Russian Federation, while there has been proposed to criminalize acts directed against the order of mobilization and ensuring the regime of martial law or wartime, due to failure to fulfill military transport obligations. Proposing changes to the criminal legislation related to the need to qualify military transport crimes and criminalize acts of failure to fulfill military transport duties during periods of mobilization or martial law, wartime or in conditions of armed conflict or combat operations, the author has relied on the practice of the activities of military authorities, prosecutor’s office and military investigative authorities.

UDK: 343.1

Aleksey An. Maksurov - Candidate of Law, Yaroslavl State University named after P. G. Demidov

Abstract. Based on an analysis of the current criminal procedural legislation, there have been studied the most popular “objective” sources and forms of obtaining special knowledge in practice: the conclusion and testimony of an expert and specialist. The current paper has shown the similarities and differences between these types of evidence and has also drawn attention to the features of their estimation by the preliminary investigation body and the court. There has been concluded that it is necessary to change the criminal procedure law in the sense that a specialist should become the basic procedural figure among them.

UDK: 343.3/.7

Vladislav An. Shvedchenko - Russian University of Transport (MIIT)

Abstract. Scientific and technological progress is currently developing rapidly. One of the promising areas is the development of highly automated vehicles. Currently, highly automated vehicles are already becoming a reality, experiments are being carried out on the use of these vehicles on roads, in air, water, and space. The development of technologies can give new opportunities, and new issues also arise for the regulation of this field of activity. The current paper is devoted to social relations arising from the use of highly automated wheeled vehicles. It provides an overview of the regulations governing the use of highly automated vehicles, as well as research papers on the issue. Based on the above analysis of the scientific literature, existing documents, there has been proposed to amend the criminal legislation.