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

Scientific specialties:

12.00.08 “Criminal law and criminology; Criminal Executive Law”

12.00.09 “Criminal Procedure”

12.00.12 “Criminalistics; Forensic activity; Operational investigations”

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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Parshakov A. To the question about the features criminal-legal regulation road safety and vehicle operation soldiers

UDK: 343.2/.7.

Parshakov A. - candidate of legal sciences, senior lecturer of the department «Criminal law, criminal procedure and forensics» of the Law Institute Russian University of Transport, senior research fellow, research center (military-scientific information, military-legal problems) Military University of the Ministry of defence Honorary worker of the Prosecutor's office of the Russian Federation, the Colonel of justice of supply

Abstract. The article deals with the problematic issues of traffic safety and operation of military vehicles, especially the criminal law regulation of road safety and operation of transport by military personnel. The author refers to the Prosecutor-investigative and judicial practice, he investigates the most complex issues of differentiation and qualification of crimes of this type.

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Dukhno N. The origins of transport security problems

UDK: 519.7

Dukhno N. - doctor of legal sciences, professor, director of the Law Institute of Russian University of transport, honorary worker of higher education of the Russian Federation

Abstract. Transport security is a concern for everyone, and we see how much effort and money is being spent to ensure the safe operation of the transport system. The main efforts to ensure transport security are focused on the application of engineering and technical measures, which in itself is the right direction. But to be limited to these methods and to ignore others means that the opportunities leading to security guarantees in transport are underutilized. The most unpredictable source of danger is the person, his behavior, poorly trained specialists-transport workers. In order to prevent threats, it is necessary to increase education and raise the legal culture of transport workers. All work on transport security should be carried out in a comprehensive manner, combining engineering and legal methods with other intellectual methods, which together form a guarantee of transport security.

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Popov V. Metro security: challenges and prospects

UDK: 656.2.08

Popov V. - senior lecturer at the department «Criminal law, criminal procedure and criminalistics» of the Law Institute of the Russian University of Transport (MIIT)

Abstract. The article deals with the issues of ensuring the safety of passenger transportation in the metro of Russia. On the basis of the analysis of security measures in the metro, carried out the last eight years in accordance with the requirements of the presidential Decree of March 31, 2010 № 403 «on the establishment of a comprehensive system of public security in transport» and the Government decree of the Russian Federation of April 5, 2017 No. 410 «On approval of requirements for ensuring transport safety, including requirements to anti-terrorist security of objects (territories), taking into account security levels for different categories of metros», is considered as positive points in the security of citizens, mainly aimed at protection from terrorism and negative, associated, as before, with high mortality and injury of passengers in subway stations. The reasons and conditions that influenced the lack of an integrated approach to transport security in the Russian metro are given, as well as recommendations that can contribute to its quality, based on the fact that the life and health of each individual passenger is the highest value of the rule of law.

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Semenov S. On the legal status of the free access sector zone of transport security

UDK: 342.951:351.82

Semenov S. - head of the FBU «Maritime Security Service»

Abstract. The law on transport security introduced the concept of «free access sector of the transport security zone». It is subject to requirements other than those for other sectors of the transport security zone. Legal regulation of the status of the free access sector of the transport security zone is currently insufficient, which negatively affects the protection of transport infrastructure of the road sector from acts of unlawful interference.

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