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.

UDK: 343.346

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

Abstract. The paper considers the provisions of criminal and criminal procedural law that determine the criminality and penalty of road accidents, as well as certain difficulties in their disclosure and investigation. There have been identified certain causes and favorable conditions for their commission. There have been considered some drawbacks of legislative, organizational and technical nature do not contribute to the timely prevention and disclosure of such socially dangerous acts. It has been concluded that a complete, comprehensive and objective study of the transport incidents, accidents and crimes is possible on the basis of a clear interaction among various humanitarian (including legal) and natural, i.e. technical, construction, forensic sciences, each of which studies these actions from its own point of view by the use of specific methods, tools and technologies.

UDK: 347.463

Valeriy L. Popov - senior lecturer of the department of the department of criminal law, criminal procedure and criminalistics, Law Institute of the Russian University of Transport

Abstract. The article deals with the issues of the methodology and practice of forensic examinations, as one of the main types of evidence related to the detection and investigation of crimes envisaged by the Art. 263 of the Russian Criminal Code "Violation of the safety rules of traffic and operation of rail, air, sea and inland waterway transport and metro." There have been described the causes and conditions that affected the absence of forensic experts and uniform scientific-developed expert techniques for the study of railway and water transport in Russia. There have been given the recommendations that can contribute to the development of forensic methods and professional expert standards for certain types of transport on the basis of the Russian University of Transport (MIIT), which do not currently exist.

UDK: 656.7

Sergey M. Kolotushkin - Doctor of Law, professor, main researcher of the Research Institute of the Federal Penitentiary Service of Russia, kolotushkinsm@mail.ru

Abstract. The paper deals with the current problems of ensuring aviation safety in an unauthorized use of unmanned aerial vehicles (UAVs) near airports. The incidents at the Gatwick and Heathrow airports in London, when in December 2018 the aviation flights were two-day suspended due to the UAVs flights, showed the seriousness of the problem. The legal, organizational and technical solutions proposed by different countries do not unfortunately solve the existing and future problems. The author has proposed a technical solution to counter unauthorized flights of UAVs near airports. The "Trevoga – Tschit" ("Alarm-Shield") complex detects a UAV flight control radio link and makes two modes of jamming: "barrage" and "seizure". In the barrage mode, at the border of the airport, the radio-suppression system of the UAV control system is activated, and the UAV returns to the operator via the satellite navigation channel. When trying to break into the airport, the satellite navigation suppression channel is switched on and it makes the UAV to land immediately. For a daily control, the complex includes a UAV simulator that generates its control signals. The tune-up of this complex on a detection range and radio jamming depends on the size and configuration of the airport.

UDK: 343.98

Mikhail V. Bobovkin - Doctor of Law, professor, professor of the department of criminal law, criminal procedure and criminalistics, Law Institute of the Russian University of Transport

Vitaliy An. Ruchkin - Doctor of Law, professor, professor of the department of the forensic activities of the educational and scientific complex of forensic examination, Volgograd Academy of the Ministry of Internal Affairs of the Russian Federation, honored scientist of the Russian Federation

Abstract. At present, law enforcement agencies are increasingly using the potential of forensic handwriting analysis in the investigation of transport crimes. This tendency can be seen in the spheres of economy and property, as well as in the fight against corruption, inappropriate use of budget finance, power abuse and negligence. In addition, the solution of the problems of forensic handwriting diagnostics is widely used in procedural and non-procedural forms to find offenders in transport crimes. There are usually compiled search tables with the data on a personality of a manuscript (gender, age, occupation, education, psycho-physiological state, etc.), being of a great significance for finding. The main purpose of their use is to narrow a circle of suspects to identify a person on the basis of handwriting characteristics. The paper considers the urgent issues of using the potential of handwriting analysis to investigate transport crimes. The authors have determined the current state and tendencies for further development of forensic handwriting analysis, the system of forensic handwriting characteristics, which are of great importance to solve the problems of forensic handwriting analysis in procedural and non-procedural forms.

UDK: 343.9

Oleg Al. Antonov - candidate of Law, associate professor of the department of criminal law, criminal procedure and criminalistics, Law Institute of the Russian University of Transport

Abstract. The paper considers various aspects of the formation of physical evidence in transport criminal cases. There has been indicated that very serious incidents can occur not because of humans, but due to the action of irresistible natural force. At the same time, the actions of a person who violates or does not comply with certain traffic rules can lead to numerous victims, as have been indicated by the examples. The attention has been paid to the fact that successful solution and effective investigation of crimes committed at transport are possible only if there is relevant evidence obtained as a result of their detection, documenting and collection. In this case, the most important evidence is the evidence obtained from material sources, although a subjective evidence should also be taken into account. The attention has been especially paid to the correct estimation of material evidence in cases of transport crimes in general and railway transport crimes in particular, as the most objective ones (i.e. not subjected to subjective effect). There has been described the recognition procedure for certain crime traces as evidence in a criminal case. To solve a criminal case, it is not a specific subject that matters, but its relevance to the investigated crime, i.e. when it acts as a carrier of the evidence. The signs of an object, its appearance, location and detection, and its connection with the circumstances being proved make this subject a material evidence.

UDK: 628.5:656.2(075.8)

Gennadiy Yu. Leshchov - candidate of Economic Sciences, the Public Council expert of Rostransnadzor (The Federal Authority for Transport Oversight)

Abstract. The problem to establish an effective, public transport security management system has deep roots and a wide range of social institutions involved in solving this issue. The system should be based on legal and regulatory instruments that allow comprehensively and completely investigate accidents and disasters, identify cause-effect relationships of actions or inaction of officials. In the process of study, the results of which are presented in this paper, the author thinks that the special importance of transport for the country's economy, national security and state sovereignty, and the vulnerability of transport system, susceptibility to its numerous and diverse threats determine and substantiate legal and organizational enforcement of transport security. The article presents the results of the system-legal and practical analysis of transport security legislation. The analysis allowed identifying contradictions and gaps in the norms of legislation that regulates the investigating procedure for traffic accidents in all transport modes being important for enforcement of transport security. There have been formulated and substantiated the conclusions about the necessity to improve the regulatory and legal framework for the investigation of traffic accidents, which should be based on the development of common methodological approaches to the development of a conceptual apparatus to harmonize and bring legal instruments in accordance with modern transport security needs. There has been proposed a new model for the initial scene investigation and the assessment of the damage caused by a traffic accident on the railway transport.