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.

UDK: 343.13

Aiganym G. Kurasheva - post graduate of the department ‘Criminal Law, Criminal Procedure and Criminalistics’ of the Law Institute of the Russian University of Transport

Abstract. The transport complex of the country, including railway transport as the most important and economically massive mode of transport, could not but affect the criminal processes of recent times. Every year, more and more crimes are committed in the railway transport sector, and they acquire a pronounced organized character. More and more such crimes are being committed by organized criminal groups and criminal communities. The specific features of railway transport, its wide geographical location, and its constant operation, independent of either weather or economic collisions, including sanctions, make it very difficult not only to combat the committed crimes, but also to identify the causes that give rise to crimes on railway transport, and the conditions favorable for their commitment. Among the criminal offenses committed on railway transport, the most common are the thefts of transport means, individual parts of locomotives, wagons, damage of suburban electric trains. These and other crimes not only significantly damage businesses and railway transport, but pose a serious danger to the safety of its movement and operation, and ultimately to the life and health of passengers and transport workers. There have become not uncommon group thefts of cargo from rolling stock, committed by railway workers (e.g. locomotive drivers and their assistants) with unauthorized persons, when a train stops or slows down, followed by breaking seals of transported containers and stealing cargo from them. The theft of goods is often staged by replacing broken seals or locks, presenting false commercial documents, undervaluation and misrepresenting.

UDK: 343.346

Elena L. Fedorova - Candidate of Philological Sciences, associate professor of the department ‘Methodology of law and legal communication’ of the Law Institute of the Russian University of Transport

Olga N. Skuybedina - Candidate of Philosophical Sciences, docent, associate professor of the department ‘Methodology of law and legal communication’ of the Law Institute of the Russian University of Transport

Abstract. Recently, there has identified a necessity in qualified linguists who can give an accurate answer about the content of a particular text, from the point of view of ‘speech crime’. The current paper has considered the history of the development of the concept ‘speech crime’. There have been considered a number of legislative acts that provide for punishment for non-compliance with the norms of public communication, which is proposed by modern legislation. There have been identified the problems of introducing the concepts of crimes committed by means of the speech. There have been also developed the methodological approaches to the development of speech competencies under working conditions on transport for students.

UDK: 343.346

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

Abstract. The current paper has presented the analysis of the Federal Law of December 30, 2020 No. 526-FZ "On Amendments to Article 267 of the Criminal Code of the Russian Federation" and the legal consequences of the amendments. There has been noted the ambiguity of the interpretation of the form of guilt in the main composition of the damaging vehicles or communication lines beyond repair. There have been proved a 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 units of parts 2-6 of Art. 267 of the Criminal Code of the Russian Federation. There has been summed up that there are possible difficulties in qualifying a crime and distinguishing it from such crimes as terrorism, vandalism, sabotage, theft and other crimes against property, crimes against the life and health of an individual and such administrative offenses as damage to roads and railway, actions that threaten traffic safety on railway transport and subway, breaking rules for protection of communication lines or structures). As a result, the new form of the main corpus delicti of the analyzed crime will cause an ambiguous legal assessment of situations when damaging a vehicle, means of communication, means of signaling or communication or other transport equipment beyond repair, blocking transport communications, objects of transport infrastructure, obstruction of the movement of vehicles and pedestrians on the communication routes, road network, and will not contribute to the uniform practical application of criminal and administrative legal norms on transport offenses.

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 discussed the issues that characterize the features of the current state of information support for forensic examination of vehicle markings (hereinafter referred to as the FE VM). There have been described the role and significance of additional information for solving problems of this type of forensic examination, as well as its difference from additional information used in other types of forensic examination. The paper has also proposed the concept of additional information, considered as a source of data necessary for the production of examinations and studies of the FE VM. There were investigated and described its characteristics and features. The paper has identified some trends in the "improvement" of criminal activity dealing with the implementation of criminal schemes, including actions, from vehicle’s theft to its resale. There have been considered some features of the technology of new vehicles’ marking at manufacturing enterprises and there have been identified a positive role of these features for the establishment of the primary (factory) identification markings in the process of examinations of the FE VM. When studying the envisaged by law procedure for obtaining additional information by state forensic institutions, the author has concluded that it is necessary to change the general approach to information exchange processes and its implementation using modern information technologies, including digital ones. At the same time, there has been considered the need to change the regulatory framework for the information support of the forensic examination of the FE VM and to develop a mechanism for direct access of employees of state forensic institutions to the database containing information necessary for examinations of this type. In addition, the author has proposed specific measures to improve the information support of the forensic examination of the FE VM.

UDK: 343.148.63

Valeriy L. Popov - senior lecturer of the department ‘Criminal law, Criminal Procedure and Criminalistics’ of the Law Institute of the Russian University of Transport

Abstract. Nowadays it is impossible to imagine the disclosure and investigation of a criminal case, whether it is a railway accident or an automobile-pedestrian accident, without a forensic examination. For many years, forensic examination has been positively distinguished among others by the fact that its starting point is an objectivity and reliability, which are largely guaranteed by the institution of norms and rules enshrined in codes, laws and other regulatory legal acts. This reputation is due to the state forensic examination, which until the 2000s practically occupied the entire judicial space. Today, the new types and kinds of forensic examinations which include study of breaking traffic rules and operation rules of railway, air, sea and inland water transport and the subway, are increasingly provoking issues of their objectivity and reliability. This is partly due to the fact that state forensic structures are inert to the development of new types of examinations, and therefore such examinations are carried out by persons who are not involved in state forensic structures, and as a result, they give rise to a set of problems of a procedural and methodological nature. The abovementioned issues have been analyzed in the current paper, and there have been given the recommendations that will make forensic study more reliable.

UDK: 343,98

Oleg Al. Ostrovskiy - post graduate of the department ‘Criminal Law and Customs Affairs’ of the law faculty of the Novosibirsk State Agrarian University

Yuriy P. Garmaev - Doctor of Law, professor of the department ‘Criminal Law and Customs Affairs’ of the law faculty of the Novosibirsk State Agrarian University

Abstract. The current paper has analyzed criminal justice measures to cybercrime according to the model of common law and security. There has been discussed the ability of the subjects of criminal justice to fulfill their main function. Investigation of cybercrimes is complicated by the confluence of factors that influence the criminal justice process. There is a common problem among law enforcement agencies around the world, which is associated with delays in the processing of digital devices, the complexity of processing large amounts of data, their security and the professional competence discrepancy of law enforcement officers in working with digital media. The relevance of studying the problem of cybercrimes can be substantiated by the necessity to implement new principles of criminal law policy.