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.

UDK: 343

Aleksandr S. Parshakov - 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 , senior researcher of the research department of the Military University of the Ministry of Defence of Russia, honorary worker of the Prosecutor’s Office, retired colonel of justice

Abstract. The current paper has considered the features of the prevention of crimes committed by military personnel dealing with road and transport operation safety. The author has studied the main directions and specific measures to prevent the commitment of crimes by military personnel, based on the nature of the causes and conditions provoking their commission, as well as the consequences of their commission. The author has emphasized that these areas and measures are provided for by normative legal acts in the field of traffic security enforcement and crime prevention. One of the key roles belongs to the Road Safety Strategy in the Russian Federation for 2018-2024, which is aimed at eliminating and neutralizing the causes and conditions provoking the commission of road traffic accidents, including in the army and navy. Based on an analysis of departmental normative acts, the author has considered specific crime prevention measures, the implementation of which could ensure the driving and operational safety of military and special vehicles by military personnel. In addition to traditional measures to counteract criminal violation of the driving or operating of military and special vehicles, the author has proposed to increase the efficiency to detect latent offenses committed by military personnel and the victimological aspect in the transport sector.

UDK: 343.3/.7

Vladimir Al. Zhavoronkov - senior lecturer of the department of Criminal Law, Criminal Procedure and Criminalistics of the Law Institute of the Russian University of Transport, telec121.57@mail.ru

Abstract. The current paper has considered the issues characterizing the features of the mechanism of road traffic accidents (hereinafter - accidents) committed at railway crossings of various categories (equipped with a full range of automatic safety devices or equipped with several of its elements), and the reasons that cause them. There has been considered a final stage of the accident and the consequences of a train hitting the railway crossings or a motor vehicle stuck in railway tracks. In addition, the author has studied the features of the actions of traffic participants, in particular, the psychophysiological aspects of drivers’ behavior while waiting for the opening at the railway crossings and while crossing the railway tracks, as well as about their impact on the possibility of a hazardous traffic situation. Determining the causes of accidents at railway crossings, as well as factors affecting the possibility of their occurrence, the current paper has proposed some specific measures to prevent these accidents. The main idea is a differentiated approach to the solving of problems associated with traffic safety organizations at these facilities, including the elimination of railway crossings in regions with an extensive road network and high traffic density of vehicles and trains. The paper has also analyzed the opinions of some authors, set out in recent scientific sources, which have studied the problems of ensuring traffic safety at railway crossings and determined the main directions for its improvement.

UDK: 343.346.8

Olga V. Novikova - 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. Transport is the most important branch of the Russian economy, therefore the successful implementation of the state economic strategy and the normal functioning of industry, agriculture and trade depend on the efficiency of its work. The number of crimes on transport in the whole country has decreased since 2013, however, there has been seen their growth in 2017. According to forecasts, by the end of 2019 the number of crimes can well exceed the level of 2013. Judicial-investigatory practice on the railway shows that the greatest public danger and material damage is caused precisely by the theft of goods committed directly from rolling stock. The rates of crimes in the field of railway freight currently remain high. The crimes under consideration have a peculiar specificity, due to the work of the railway transport itself, which significantly complicates their prompt detection, clearance and prevention. The current paper provides statistics on the types of crimes that are committed on railway transport. It has been noted that transport crimes are latent. When developing measures to prevent crimes on railway, it is especially necessary to take into account the causes of latency and the specific features of railway lines.

UDK: 343.9

Sergey An. Taraskaev - Candidate of Law, associate professor of the department of informational technologies in jurisprudence and document supply of management, Law Institute of the Russian University of Transport

Abstract. The paper discusses the current state and prospects of forensic research of locking and sealing devices used in the freight transportation by railway. There has been given statistical information of the Russian Ministry of Internal Affairs on the theft of railway freights committed from 2017 to present. It has been noted that the investigation of these crimes is of great difficulty, since on average 35% of all recorded crimes remain unsolved over the year. There has been considered the general characteristic of locking and sealing devices permitted in the Russian Federation and used in the railway freight transportation. The author makes a conclusion that the expert’s opinion is a reliable source of evidence used in criminal proceedings. The paper has analyzed the objectives of the forensic research of locking and sealing devices, the object and stages of the study. The author has considered the main methods of unauthorized impact on locking and sealing devices. There has been formulated an approximate list of issues that can be solved by trace evidence examination. The author has also come to the conclusion that in order to improve the forensic expert activity on establishing methods and mechanisms for unauthorized impact on locking and sealing devices used in railway transport facilities it is necessary to develop a modern unified integrated methodology. In the author’s opinion the methodology may include uniform recommendations for forensic experts with reference materials on the dismantling algorithm for locking and sealing devices with photographic materials, and systematization of possible methods of unauthorized impact on locking and sealing devices according to the experience in this field.