UDK: 343.1

Vitaliy V. Tarasenko - Candidate of Law, lecturer of the department ‘Criminal Law’ of the Law faculty of the Voronezh State University

Abstract. According to the Constitutional Court of the Russian Federation, the Constitution of the Russian Federation, proclaiming Russia a democratic law-governed country, where a person with his rights and freedoms is of the highest value. The Constitution’s duties are to recognize, observe and protect the rights and freedoms of a citizen; it guarantees everyone judicial protection of rights and freedoms; it ensures its justice on the basis of equality before the law and the court. Therefore, special requirements are imposed on the quality of laws that mediate the relationship of citizens with public authorities, in particular, those laws that establish measures of legal responsibility for offenses. In cases when the measures of public legal responsibility envisaged by law don’t correspond to social realities, resulting in excessive use of state coercion, the federal legislator must ensure their harmonization with the new social realities according to constitutional principles of equality, justice and humanism. In this aspect, according to the author of the current paper, there is currently a problem of depenalization of intoxication as a qualifying element of the corpus delicti of traffic rule violation and transport exploitation (p. 2, 4, 6 of Art. 264 of the Criminal Code of RF). The current paper has examined the law-making aspect of depenalization from the standpoint of legal-criminology, socio-economy and socio-psychology. On the basis of a critical analysis of the systematic tightening of criminal liability for criminal violations of traffic safety requirements and transport exploitation committed by a person in a state of intoxication, a study of statistical data and judicial practice on this category of crimes, the author of the paper has formulated conclusions and proposals to improve the relevant provisions of the criminal law in terms of the depenalization of intoxication as a qualifying element of the corpus delicti designated by Article 264 of the Criminal Code of the Russian Federation.

UDK: 343.346

NamVladimir E. 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 , honorary worker of higher education of the Russian Federation

Aminat M. Dalgatova - post graduate student of the department ‘Criminal Law, Criminal Procedure and Criminalistics’ of the Law Institute of the Russian University of Transport

Aiganym G. Kurasheva - post graduate student 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 features of the application of special knowledge in the field of transport security, necessary to investigate and solve transport crimes. Special attention has been paid to the distinction between an expert and a specialist, which can be carried out by the nature of the activities carried out by them. The specialist is involved in the investigation when his knowledge and practical experience can help the investigator to find, record and take some evidence in a criminal case. As for the expert, he participates in the process of carrying out the appointed examination, and gives answers to the questions of the investigator, on which he prepares his conclusion. In addition, the reasons for the activity of a specialist in the detection and seizure of evidence are the investigator’s instructions, and it is done under his control, which results in conclusions arising from the facts established by him. At the same time, the conclusions drawn on the basis of the expert's knowledge have the character of a consultation, which makes them different from the conclusions prepared by the expert. This quality allows specialists not only to participate in criminal proceedings within the framework of the criminal procedure law, but also to use it effectively. At the stage of preliminary investigation, the need to use special knowledge may manifest itself either in the form of consulting or in the form of direct participation in investigative actions, which confirms the exclusion of consulting from the list of investigative actions. In practice, consulting is manifested in the use of special knowledge of a specialist who has a narrowly focused nature of those specific knowledge in which the investigator does not have the proper competence, to clarify certain issues of the investigation.

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. Current enforcement of transport security cannot do without the use of artificial intelligence based on neural network technologies. In 2019 the Decree of the President of the Russian Federation approved the National Strategy for the Development of Artificial Intelligence for the period up to 2030, according to which this becomes a priority direction of the state policy of Russia for the next 20 years. For these purposes, in April 2020 in Moscow, there has been established a special legal regime for five years, which allowed the use of personal biometric data of a person without his consent, which made it possible to launch a smart video surveillance system to identify a face in the Moscow Metro, implemented by VisionLabs, which identified each person entering and exiting the metro by his/her appearance, and using the FacePay service one could make and pay for travel only by a face image. At the same time, biometric identification and human authentication, made by artificial intelligence, directly coincide with the tasks of forensics. Based on this, the methods for achieving goals in neural networks and forensics were compared and analyzed from the point of view of scientific validity and reliability of the obtained results. The current paper has analyzed the possibilities of using neural networks in the forensic trials on transport.

UDK: 343.98 (347.948.2)

Igor V. Kisilevich - 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 presented an algorithm for inspecting vehicles in road traffic accidents, and has also shown on practical examples how a transport and trace study of the contact interaction of vehicles could help to find the facts of dummy, false or fake road accidents. The purpose of the paper is to show the ability of the mechanism of contact interaction to identify the fact of a fraudulent accident.

UDK: 343.9

Lyudmila M. Gruzdeva - Candidate of Technical Sciences, associate professor of the department ‘Informational technologies in jurisprudence and management documentation’ of the Law Institute of the Russian University of Transport , professor of the Russian Academy of Natural History (RANH)

Abstract. To assess the effect of the self-isolation regime on the criminality, the current paper has presented a statistical analysis of the characteristics of transport crimes in the Russian Federation in the second quarter of 2020. The conducted study has led to the conclusion that the restrictions on the movement of citizens around the country and the world contributed to a decrease in criminal activities and thereby reduced the number of registered crimes in transport. However, the qualitative structure of the crime map remained the same. In the pandemic situation, the activity of cybercriminals has increased, because of the transition of organizations to a telecommuting. In the current paper the author has considered the examples of successful attacks on the information resources of transport companies.

UDK: 343.97

Olga R. Afanasieva - Doctor of Law, docent, professor of the department ‘Criminal Law, Criminal Procedure and Criminalistics’ of the Law Institute of the Russian University of Transport

Pavel B. Afanasiev - senior lecturer of the department ‘Criminal Law, Criminal Procedure and Criminalistics’ of the Law Institute of the Russian University of Transport

Abstract. Crime committed on transport facilities is considered as an independent part of the crime of the Russian Federation, since it has special characteristics and development trends due to not only the characteristics of the encroachment objects and the persons committing them, but also the crime scenes, the problems of their investigation, the specifics of the preventive measures, structural features and activities of regional divisions of law enforcement agencies in transport, etc. The current paper has considered the characteristics of the state, dynamics and development trends of modern violent crime committed on transport facilities. For these purposes the objects of research were the index violent crimes (Articles 105-107, 111, 112, 115, 116, 119, 126, 127, 131 of the Criminal Code of the Russian Federation), which are undoubtedly classified by criminologists as violent and predetermining the dynamics of all violent crime committed on transport facilities. The time period of the study (from 2016 to 2019) has been predetermined not only by the required depth of retrospective analysis, but also by the quality of information support and changes in the structure of reports on the state of crime on transport facilities, which predetermine the comparability of statistical data. The authors of the paper have revealed the state of crime by analyzing the absolute indicators of the registered part of violent crime, determining the proportion of violent crime committed on transport facilities in the structure of transport crime in general, as well as violent crime registered in the Russian Federation for the period from 2016 to 2019. The paper has presented the dynamics of the number of persons identified for committing the analyzed type of crime, as well as the study results of the structure of violent crime on transport facilities and the geography of transport violent crime. In the conclusion, there have been presented the main modern trends in the change in violent crime on transport and the forecasts of its further development.

UDK: 343.7

Marina An. Popova - post graduate of the department ‘Criminal law, criminal procedure and criminalistics’ of the Law Institute of the Russian University of Transport

Abstract. In Criminal law, a mercenary motive is one of the predominant motives that has a criminal and legal value due to its rather frequent consolidation in criminal law norms, both as an obligatory sign of the subjective side of the crime, and as an additional or optional one. Meanwhile, in the criminal legislation there is neither legal definition of a mercenary motive, nor a section or chapter highlighting the list of mercenary crimes that make up the predominant part of modern crime. The gap is filled up by the various interpretations of both a mercenary motive and mercenary crimes, accompanied by their multiple classifications according to various criteria. Undoubtedly, a theft is one of the mercenary crimes, which is a significant part of all registered criminality in the Russian Federation, as well as crimes committed on transport. In this regard, the current paper has presented a brief criminological description of thefts committed on rail, air, river and maritime modes of transport. For this purpose, the author has analyzed the dynamics of thefts for the period from 2015-2019, identifying and evaluating their share in the structure of transport crime. The author has noted that the greatest number of thefts was committed annually in rail transport, therefore, they could act as a statistical image of thefts committed on transport. This fact has predetermined the author’s choice when characterizing the state and dynamics of certain types of thefts, including those committed on trains, at railway stations and stations, theft of goods on railway transport, theft of petroleum products, metals.

UDK: 343.9:656

Tatiana Al. Dikanova - Doctor of Law, head of the department of scientific support for prosecutorial supervision and strengthening the law in the activities of customs and transport of the Research Institute of the University of the Prosecutor's Office of the Russian Federation, honorary worker of the prosecutor's office

Abstract. The current paper has presented the analysis of the criminality state on railway, water and air transport and the fight against it over a five-year period, of the factors contributing to crime, crime prevention measures. There have been shown the main causes of criminality on transport, the features of the activities of law enforcement agencies in transport to enforce the rule of law in the transport sector. There have been identified the disadvantages of the current statistical reports on criminality in transport. There have been made the suggestions to improve law enforcement in transport.

UDK: 343.9

Oleg Al. Antonov - Candidate of Law, associate professor of the department of Criminal Law, Criminal Procedure and Criminalistics of the Law Institute of the Russian University of Transport

Abstract. All modes of transport and objects of transport infrastructure are subject to disasters, accidents, incidents and other events that can happen there. Sometimes they are technogenic in nature, but more often they are the result of the so-called human factor. In addition, in the transport sphere there are also crimes of a general criminal nature. In most cases, perpetrators are identified and arrested. The current paper reveals the difference between criminal procedural detention and administrative detention and similar restrictive-compulsory actions. There have been considered in detail conditions and motives for the detention of a suspected criminal. There have been revealed the legal consequences of compiling a detention protocol and the significance of the interrogation of a suspect. The author insists on the promptness of the first interrogation of the suspect immediately after detention. It has been also proposed to abandon the practice of detaining a suspect in the investigator’s office after his preliminary interrogation as a witness.

UDK: 343.1

Vladimir E. Sudenko - Candidate of Law, docent, associate professor of the department of Criminal Law, Criminal Procedure and Criminalistics of the Law Institute of the Russian University of Transport, honorary worker of higher education of the Russian Federation

Abstract. The current paper has considered the specific railway transport features, which should be taken into account when investigating and solving transport criminal cases. There has been given a description of the rules and regulations for railway transport, related to investigating and solving transport criminal cases. Particular attention has been paid to the concept of «special knowledge» in relation to railway transport. When investigating transport criminal cases committed on the mentioned mode of transport, it is necessary to take into account that the movement of railway transport is a single production process that incorporates relatively independent stages, namely boarding passengers and loading goods into passenger and freight trains; transportation of passengers and goods from one point to another; unloading of passengers and cargo at a destination point. Each of these elements has its own specific operations carried out during the preparation, organization and implementation of railway transportation. The objects of railway transport are complex engineering structures, and their use is initially qualified by law as a source of increased danger. In view of the foregoing, the current paper states that, in order to ensure the rights and legitimate interests of citizens and public interests protected by criminal law in the field of railway transport, it is necessary for the investigator, to have both legal knowledge and special knowledge in the field of human interaction with railway equipment in general, as well as knowledge of the operating rules of railway transport.