UDK: 34.096

Nina V. Chernenko - Candidate of Economic Sciences, associate professor, senior lecturer of the department of training of the leading personnel of internal affairs bodies of the Branch of the Academy of Management of the Ministry of Internal Affairs of the Russian Federation “Bolshevo”

Abstract. The current paper has presented the study of the role of law enforcement of the transport police as a law enforcement body in the transport security system at transport facilities and transport infrastructure. There has been given a brief statistical analysis of law enforcement in the transport security system. According to statistical data it has become possible to control the degree people feel themselves protected from criminal offences at transport facilities. There has been shown a similarity of the tasks of the modern transport police with the tasks that were set before the first transport security services, organized under Nicholas I. There have been considered the issues of the necessity to improve the confidence of citizens in the transport police. There has been determined the impact of the COVID-19 pandemic on the work of the transport sector.

UDK: 343

Yuliya P. Popova - Candidate of Law, associate professor of the department of criminal law disciplines of the Institute of State and Law of the Tyumen State University

Abstract. The current paper has presented the analysis of the subjective side of criminal offenses in transport. There has been noted that basically the legislator associates a careless form of guilt with “transport” crimes, since it directly indicated it in the dispositions of restrictive norms, others could be committed only with direct intent, since the legislator described them in the form of so-called formal compositions. There are several crimes against traffic safety and the operation of transport, and the literal interpretation of the articles in which they are enshrined does not allow us to unequivocally say what form of guilt they imply. All mentioned above applies to parts 3 and 4 of Art. 263.1, parts 2, 4, 6 art. 264 and Art. 267 of the Criminal Code of the Russian Federation. There has been defined recklessness of the legislator, who included in the qualified corpus delicti such a reckless crime as violation of requirements in the field of transport security, such forms of complicity as a group of persons in a preliminary conspiracy and an organized group. This legislative novel was not caused by existing law enforcement practice. Moreover, it is contrary to the doctrine of criminal law. After all, complicity according to Art. 32 of the Criminal Code of the Russian Federation is possible only in intentional crimes. There has been proposed to exclude these qualifying signs from Art. 263.1 of the Criminal Code of the Russian Federation. The design of such a reckless crime as violation of traffic rules and the operation of vehicles does not correspond to the traditional concept of guilt. Since it includes in compositions with aggravating circumstances such signs as intoxication, leaving traffic accident scene, which provide for the deliberate behavior of the perpetrator. There has been proposed to exclude these qualified compositions from Art. 264 of the Criminal Code of the Russian Federation, as well as to supply the Criminal Code of the Russian Federation with an independent Art. 264.2. In Art. 23 of the Criminal Code of the Russian Federation there is necessary to mark the state of any type of intoxication as an aggravating circumstance. In addition, there has been proposed to include Art. 68.1, which would provide for specific limits of punishment for any crime committed under the effect of any kind of toxins. After the additions made by the Federal Law of December 30, 2020 No. 526-FZ “On Amendments to Article 267 of the Criminal Code of the Russian Federation”, there has been ambiguously determined the subjective side of such a crime as disabling vehicles or communication lines. The paper has proved the mixed form of guilt in Part 1 of Art. 267 of the Criminal Code of the Russian Federation and the double form of guilt in qualified compositions of parts 2-6 of Art. 267 of the Criminal Code of the Russian Federation. Deliberate blocking of transport communications, transport infrastructure facilities or obstruction of the movement of vehicles and pedestrians on the communication routes, road network, if these acts created the threats described in the norm, have been proposed to introduce in a separate article 266.1 of the Criminal Code of the Russian Federation.

UDK: 343.3/.7

Vladimir Al. Zhavoronkov - Candidate of Law, associate professor of the department ‘Criminal law, criminal procedure and criminalistics' of the Law Institute of the Russian University of Transport

Abstract. The current paper has considered some of the features of the mechanism of traffic accidents caused by tailgating another vehicle. There has been substantiated the urgency of the study with the presentation of the necessary statistical data characterizing the state of traffic safety both in our country and abroad. There has been reviewed domestic and foreign scientific sources, which highlighted the problem under study and the problems directly related to it (setting the driver's reaction time, speed limit when moving, stopping and braking, etc.). The paper has also paid attention to some psychological characteristics of the driver's personality and their influence on the possibility of an accident. Studying the issues of ensuring traffic safety, the author has proposed, in addition to using internal reserves to reduce traffic accidents, to rely on the positive foreign experience accumulated by other countries in this direction. Considering the theoretical issues related to the definition of a safe distance, the author has confirmed the significant impact of this indicator on traffic safety with the collected experimental data. The current paper has also analyzed some methods for determining the safe and optimal distance between vehicles in the traffic, substantiated the necessity for additional research in this direction on the basis of specialized scientific institutions that have an appropriate experimental base. In conclusion, the author has proposed to make some amendments to the legal and regulatory framework governing the traffic rules and the operation of vehicles.

UDK: 343.711

Roman Al. Mazhinskiy - lecturer of the Law College of the Russian university of Transport

Abstract. The current paper has considered the legal and technical problem of driver’s identification in a short-term ‘car sharing’. Due to a special electronic-digital procedure for concluding a lease agreement and access to obtaining a service and a vehicle, the cases of unlawful vehicle seizure without the purpose of theft using a fake (someone else's) account have become more frequent. The author has analyzed some of the existing and widely used digital technologies in various industries and proposed their implementation for the suppression, detection and investigation of ‘car sharing’ thefts.

UDK: 343.985.7

Arstangali Am. Nurushev - Candidate of Law, associate professor of traceology and ballistics of the Volgograd Academy of the Ministry of Internal Affairs of the Russian Federation

Olga V. Stanovaya - lecturer of the department of criminalistics of the Volgograd Academy of the Ministry of Internal Affairs of the Russian Federation

Abstract. The current paper has discussed some of the features of corpses’ fingerprinting directly at the place of accident and the problems associated with it while examining transport crime scenes. By means of generalized experience, there has been given a practical advice on fingerprinting of found corpses, taking into account the effects of unfavorable factors, low temperatures, postmortem changes in the surface of tissues and muscles, namely rigor mortis, body corruption, maceration. The current paper has described the techniques and methods of corpses’ fingerprinting in situations that occur at the crime scene. The applied algorithm of actions will significantly improve the work of specialists in this area, taking into account the above features.

UDK: 343.985

Vladimir Eg. Sudenko - Candidate of Law, docent, associate professor of the department “Criminal law, criminal procedure and criminalistics” of the Law Institute of the Russian University of Transport

Abstract. The current paper has considered the certain problematic issues that arise when using special knowledge in transport crimes’ investigation. Particular attention has been paid to the help of specialists when inspecting transport crime scenes, since even the most experienced specialist with a large amount of legal knowledge is unlikely to be able to correctly describe individual evidences found at the crime scene, correctly name this or that evidence or its destroyed part without the help of transport specialists. There has been noted that it is objectively impossible for one person (an investigator) to master all the intricacies of the most various transport modes, including railway transport, sea, aviation, subway, land transport. Moreover, each of the transport industries has a lot of transport infrastructure facilities. Only the help of specialists in a particular transport branch makes it possible to effectively investigate transport crimes. The attention has been drawn to certain gaps and drawbacks of the criminal procedure legislation, which negatively affect the determination of the competence and practical skills of a specialist involved in conducting certain investigations and preparing a report on questioned issues that require special knowledge for their resolution. There have been described in detail the requirements for the competence and knowledge of a specialist who was invited to carry out investigations or for consulting services on the questioned materials and in transport criminal cases. There have been identified the grounds for disqualification of a person invited as a specialist from participation in the investigation.

UDK: 343.98

Vladimir Al. Zhavoronkov - Candidate of Law, associate professor of the department “Criminal law, criminal procedure and criminalistics” of the Law Institute of the Russian University of Transport

Igor V. Kisilevich - Candidate of Law, docent, associate professor of the department “Criminal law, criminal procedure and criminalistics” of the Law Institute of the Russian University of Transport

Vitaliy N. Khrustalev - Doctor of Law, professor, professor of the department “Criminal law, criminal procedure and criminalistics” of the Law Institute of the Russian University of Transport

Elena An. Shkoropat - Candidate of Law, docent, associate professor of the department “Criminal law, criminal procedure and criminalistics” of the Law Institute of the Russian University of Transport

Abstract. The current paper has considered the use of special knowledge when conducting a preliminary investigation of crimes committed at transport infrastructure facilities. There have been summarized the scientific aspects and practical approaches (including on the basis of personal forensic experience) of using forensic knowledge and attracting specialists to participate in investigative and operational-search activities in order to establish the circumstances that contribute to the objective and effective investigation of transport crimes. There have been presented the possibilities of using the results of special knowledge application at transport facilities. There have been given the recommendations on attracting specialists to assist in obtaining search and evidentiary information, verifying various operational-search and investigative versions and recreating the events at a crime scene. The results of the current study can be used in the activities of the agencies of preliminary investigation, inquiry, forensic organizations, as well as in the educational process in specialties “Forensic examination”, “Legal support of national security” and “Law enforcement”.

UDK: 343.13

Iliya Al. Fadeev - Candidate of Law, senior lecturer of the department of theory and methodology of public administration of the Academy of Management of the Ministry of Internal Affairs of Russia, police major

Abstract. The author of the current paper has examined certain provisions of Art. 150 and 151 of the Criminal Code of the Russian Federation, which need scientific rethinking. The circle of subjects authorized to conduct an inquest has been expanded by introducing investigators of the Investigative Committee of the Russian Federation. According to the legislator’s conceive, these officials are vested with the right of inquest of the citizens with a special legal status (immunity).

UDK: 343.71

Roman Al. Mazhinsky - post graduate of the department of the of the department of criminal law disciplines of the Law School of the Institute of Law and Management of the Moscow City Pedagogical University, a lecturer of the Law College of the Russian University of Transport

Abstract. The purpose of the current paper was to analyze the reasons for the committing and the problems of identifying cases of unlawful seizure of car-sharing vehicles without the purpose of theft by minors using someone's or fake account registered in the service of the rental company. The author has made an attempt to propose legal and technical ways of resolving problems in this area. The author has also drawn the attention of legislators and made a proposal on the necessity to provide in the law that the fact of acquiring someone's or fake car-sharing account should be considered an attempt, and not preparation for this crime, since the latter does not make it possible to bring the offender to criminal liability. In addition, the author has proposed to supply the currently developed car-sharing bill with the norms obliging the car sharing operator to inform law enforcement agencies about the revealed facts of minors traveling on their cars. There has been also proposed to oblige the rental companies to provide technical means in their vehicles that make the registration process in the account inaccessible to minor intruders, and their identification and exposure if a crime is committed.

UDK: 343.98.062:629

Galina K. Lobacheva - Doctor of Chemical Sciences, professor, professor of the department of forensic technologies of the Volgograd Academy of the Ministry of Internal Affairs of Russia

Sergey L. Nikonovich - Doctor of Law, associate professor, head of the department of criminal procedure of the Military University of the Ministry of Defense of Russia

Daniyar V. Kayergaliev - candidate of Biological Sciences, docent, associate professor of the department of forensic technologies of the Volgograd Academy of the Ministry of Internal Affairs of Russia

Abstract. The current paper proposes an innovative way of rubber marking, which can be used in the production of motor vehicle tires. It can greatly facilitate the work of a forensic expert in identifying the tires of a vehicle in a road traffic accident and identifying a suspect, thereby significantly increasing the efficiency of the physical and chemical examination of rubbers.