UDK: 347.963:656.2

Aleksandr S. Parshakov - Candidate of Law, reserve Colonel of Justice, Russian University of Transport, Military University of the Ministry of Defense of Russia, alexandrparshakov@yandex.ru

Abstract. The current paper has discussed the features of the implementation of prosecutor’s supervision over the law enforcement while enforcing railway transport security. There have been studied historical and modern approaches to ensuring law and order at the facilities of the country's transport system. There has been emphasized that, in relation to the supervision of the law enforcement in railway transport, since the formation of the Soviet prosecutor's office a hundred years ago, there have been requirements for the specialization of supervision over this type of transport. Throughout the Soviet period, the functions of the activities of the transport prosecutor’s offices were closely related to issues of transport security. At the same time, in various periods of the country’s history, supervision in this area either intensified, including through setting up specialized prosecutor’s offices, or was carried out in a general manner by territorial prosecutor’s offices. Speaking about the present period of enforcing railway transport security, there has been emphasized the specifics of prosecutor’s supervision in modern conditions, which lies in the complex, systemic nature of this activity. Considering the practice of prosecutor’s supervision over the law enforcement while enforcing railway transport security, the author has actively relied on the analysis of the regulatory legal framework that regulated the indicated direction of supervision at each historical period.

UDK: 347.3/7

Vladimir Al. Zhavoronkov - Candidate of Law, Russian University of Transport, telec121.57@mail.ru

Abstract. The current paper deals with the formation and development of forensic examination of vehicle markings in Russia in the period from the second half of the XX century to the present days. The author has studied the origins of forensic examination, the development and improvement of its methods. Along with the conventional methods that were successfully used up to date, the paper has also highlighted the methods for restoring markings that appeared due to the latest scientific developments both in our country and abroad, including methods related to information and digital technologies. The paper has listed prominent Russian scholars who made a significant contribution to the development of forensic examination, including those currently working at the Law Institute of the Russian University of Transport. Some attention has been paid to the legal framework of forensic examination of vehicle markings, as well as to the development of the structure of the subdivisions of the forensic services of the Main Department of Internal Affairs of Moscow in the specified period.

UDK: 343.9

Oleg Al. Antonov - 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 the main issues related to the criminal procedural regulation of such a pretext for initiating a criminal case as an acknowledgement of guilt. The author has analyzed the forms of personal appeal to law enforcement agencies and the procedure for guilt acknowledging. There has been expressed an opinion on the advisability of warning a person who has confessed on criminal liability for knowingly false reports. The author has proposed to draw up a protocol for accepting an application in all cases of acknowledgement of guilt, including those submitted in writing. The paper has also determined that the introduction of a provision on the mandatory presence of a lawyer when registering an acknowledgement of guilt is premature. There has been formulated a proposal to improve the norms of the law governing the procedure of an acknowledgement of guilt in the following way: there must be an audio or video recording when accepting and registering an acknowledgement of guilt in all cases.

UDK: 343.9:656

Pavel B. Afanasiev - Candidate of Law, senior lecturer of the department ‘Criminal law, criminal procedure and criminalistics’ of the Law Institute of the Russian University of Transport

Valentina Iv. Shiyan - 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 introduction of new IT technologies in all spheres of activity has been recognized as a key factor in the development of the digital economy of the Russian Federation. In this regard, IT technologies are rightly recognized as an attribute of modern reality, and the sphere of transport infrastructure is no exception. Unfortunately, the introduction and use of new IT technologies in the transport sector is accompanied not only by positive effects, but also by negative, including criminal processes, as evidenced by the results of numerous Russian and foreign scientific studies. The presence of modern cyber threats in the field of transport security in Russia, requiring modern and comprehensive scientific understanding, predetermined the authors' interest in determining the quantitative and qualitative traits of cybercrime at transport infrastructure facilities and establishing the main tendencies in its development. According to the analysis of the provisions of individual criminological studies devoted to the issues of countering both cybercrime in general and committed at transport infrastructure facilities, the problems of enforcing transport security, as well as according to the study of the departmental statistical reporting of the Ministry of Internal Affairs of Russia for 2018-2020, the authors of the current paper have substantiated the relevance of the threat of cybercrimes for transport security. There have been given the main criminological indicators characterizing the state, dynamics and structure of cybercrime at transport facilities, the number of persons who committed them. There have been identified the main areas of transport that experiences negative criminal impact, and there have also been determined the tendencies in the development of cybercrime at transport infrastructure facilities. There has been made a conclusion about main reasons for the growth of cybercrime in transport, and the necessity for immediate comprehensive protection of the entire transport infrastructure from modern cyber threats.

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.