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.

UDK: 343.98

Mikhail V. Bobovkin - Doctor of Law, professor, professor of the department of document handwriting analysis of the educational and scientific complex of forensic examination, Moscow University of the Ministry of Internal Affairs of the Russian Federation named after V. Ya. Kikotya

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

Abstract. Nowadays the law enforcement agencies increasingly apply the potential of forensic handwriting analysis to solve the crimes on transport. This tendency can be seen in the economic and property sphere, as well as in the fight against corruption, inappropriate use of budget funds, power abuse and negligence. In addition, the solution of the tasks of forensic handwriting analysis is widely used in procedural and non-procedural forms to search for persons who are subjects of crime in transport. At the same time, these are compiled search tables which contain data on the identities of the manuscript (gender, age, profession, education, psycho-physiological state, etc.), having orienting significance. The main purpose of their use is a gradual narrowing of the number of suspects to identify the person based on the handwriting features. The article highlights the most important problems to use potential of forensic handwriting analysis in the investigation of transport crimes. The authors determine the current state and the trends of further development of forensic handwriting analysis. They present the system of forensic handwriting properties, which is of great importance to solve diagnostic problems of forensic handwriting analysis in procedural and non-procedural form.

UDK: 343.346

Aleksandr S. Parshakov - Candidate of Law, associate professor of the department of criminal law, criminal procedure and criminalistics, Law Institute of the Russian University of Transport (MIIT), Military University of the Ministry of Defence of Russia, senior researcher of the Research and Development Center, honorary worker of the Prosecutor's office, Reserve Colonel of Justice

Abstract. The article considers the feature to counter the investigation of road traffic crimes committed by military personnel, connected with traffic and transport safety. The author studies the specific forms of the effect on the participants of both a traffic accident and criminal proceedings, taking into consideration the experience of the military justice authorities. The author considers the mechanism of counteraction to establish circumstances of a crime, including a system of such closely related elements as subjects, purposes and motives, time, place and events, method, results and consequences. There has been given characteristics of these elements, including subjects that are classified depending on the nature of their behavior, namely active (producing active actions), passive (mostly intended inaction) and mixed type (using active and passive forms of behavior). It has been emphasized that opposition to the investigation is usually initiated and carried out by servicemen who have committed road traffic offenses and the authorities of military divisions in which they perform military service, as well as the offender’s relatives, his advocates, close friends, colleagues, law enforcement officials, representatives of the authorities and administrations, political and public figures, businessmen, and even criminals, and sometimes victims, witnesses, eye-witnesses, experts, specialists, and others. Such interest of the people mentioned above is due to family ties, the performance of professional duties, mutual responsibility, strengthening of reputation, career advancement, threats, bribery, property’s destruction or other effects. The subjects of the opposition try to change or prevent to find objective side of the crimes, as well as they interfere to establish aggravating circumstances, envisaged by the Art. 63 of the Criminal Code, and other circumstances. The article proposes the forms of tactical and psychological techniques when performing investigative and other procedural actions.

UDK: 343.9

Sergey M. Kolotushkin - Doctor of Law, professor, main researcher, Federal State Institution "Research Institute FSIN of Russia"

Abstract. The article considers the methodology of the assessment of the correct record of a traffic accident in the video materials of the car DVR. The need to address such issues arises during the investigation of road accidents, when it is required to establish the linear and angular values of various objects, as well as the vehicles’ and pedestrians’ speed based on the video recording materials. The article provides a methodology for the comparative analysis of linear and angular values between stationary objects on the location and recorded in the video recording materials of a car DVR applied in a real case. To assess the correct linear values recorded by a DVR, photogrammetry methods are used. To analyze angular values, geodesical angle fixation methods are used, where stationary objects located at an alignment are used as the base. The speed of dynamic processes is estimated by the frequency of video recorded frames using an electronic synchronizer.

UDK: 347.82

Egorov Aleksandr P. - candidate applicant in law, postgraduate student at the Faculty of National Security The Russian Presidential Academy of National Economy and Public Administration (RANEPA)

Abstract. The article considers the theoretical aspects of the legal status of aircrafts as special objects of civil law. The criteria are substantiated in detail, according to which the aircraft, intended by their physical and economic properties for movement in space, are referred to real property. The main such criterion is an obligatory state registration of aircraft. The article substantiates that the aircraft begins to have the status of real estate after its individualization, i.e. after state registration. A significant place in the paper is devoted to the analysis of various definitions of “an aircraft” that are available in the literature. According to the results, the author has formulated his own definition, namely an aircraft is an aircraft maintained in the atmosphere due to interaction with air other than interaction with air reflected from the surface of the earth or water, and intended both for transporting passengers and (or) cargo, and for other purposes envisaged by its state registration.