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.

UDK: 343.346.56:656.08

Valery An. Novikov - Candidate of Law, associate professor, Russian University of Transport

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

Abstract. All world countries consider transport security enforcement as the priority area of their activity, since the effective operation of all modes of transport determines, first of all, the state of protection of national interests from external and internal threats, the progressive development of all spheres of public life. In this regard, it is essential to eliminate threats to transport security, one of which is an infringement of the functioning (movement and operation) of transport means, i.e. their hijacking, as well as seizure for the purpose of hijacking, especially when such acts involve violence, use of weapons or commitment of crimes of a terrorist nature. The current paper contains the results of the analysis of scientific material and materials of judicial practice and statistical indicators of the Ministry of Internal Affairs of Russia for the period from 2017 to 2021 on the crimes envisaged by Art. 211 of the Criminal Code of the Russian Federation, which made it possible to determine their current state, dynamics and tendencies, legal nature, to identify the debatability of a number of provisions (in terms of a specific object and a subject of crime), to pay attention to urgent issues of qualification, a stage of the crime, the specifics of the subjective side. There has been emphasized the characteristics of qualifying traits associated with the use of violence, weapons or items used as weapons, associated with terrorist activity. The study of normative legal acts regulating social relations in the related areas of their application has led to the formulation of definitions related to the subject of the analyzed crime. According to the authors, the insignificant absolute values of the analyzed type of crime recorded by official statistics are primarily due to the efficiency of the activities of the subjects of combating transport crimes and do not reduce their public danger degree.

UDK: 343.3/.7

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

Abstract. In order to develop a scientifically based system for transport crime prevention, it is necessary to conduct research on certain types of crime at transport facilities and transport infrastructure. In this regard, it seems important, relevant, and timely to conduct a study on the stated issues, since in modern conditions transport acquires even greater strategic importance and is considered as one of the life-supporting sectors of the country's economy. Various types of crimes are committed at transport and transport infrastructure facilities, both ordinary, environmental, related to drug and weapon trafficking, and related to commercial fraud and corruption. Based on official statistics, the current paper has presented the structure of transport criminality in 2021, given a general description of the tendencies in the development of commercial fraud and corruption, as well as those related to drug trafficking both in Russia and in its federal districts. For each type of transport crime, there has been estimated its territorial spread by identifying the federal districts in which there was a significant increase or decrease in the analyzed types of crimes. In the paper, there has been focused on the dynamics of the development of bribery in transport, including certain types of its components, as well as crimes qualified under Art. 228 and 228.1 of the Criminal Code of the Russian Federation, prevailing in the structure of crimes in the field of drug trafficking in transport. There have been drawn conclusions indicating that in order to form an effective criminal policy in the field of combating transport criminality, it is necessary to continue conducting additional study to monitor the state of transport crimes and the criminogenic factors that determine it.