UDK: 347.4

DOI: https://doi.org/10.30932/2500-1868-2026-58-2-19

Yuri Al. Tarasenko - Candidate of Law, Associate Professor, Russian University of Transport (MIIT), Moscow, Russia

Abstract. Contemporary legal doctrine is still debating the relationship between the categories of “source” and “form” of law, resulting in terminological ambiguity and complicating law enforcement. The purpose of the current study was to conceptually distinguish between these categories and identify their sectoral specificity in the field of transport regulation. Particular attention has been paid to the analysis of the nature of the regulatory framework that forms the legal framework for transport activities, as well as the mechanisms for their external enforcement in the context of fragmented sectoral legislation. The work has been based on a general theoretical analysis, a dogmatic method, and a systemic-structural approach. There has been substantiated the inefficiency of equating the source and form of law. There has been established that the source of law is the will of the state or other entities, which serves as the primary cause for the emergence of normative prescriptions, while the form is the external expression and official method of recording these rules. Since transport law is characterized by the absence of a unified code and the complex technical nature of relations, there has been formulated a definition that the source of transport law is an officially recognized procedure for the manifestation of regulatory will, embodied in an established legal form, possessing formal certainty, general bindingness and applicability in law enforcement activities. The study results allow eliminating theoretical contradictions, optimizing the choice of legal mechanisms, and resolving conflicts between acts of varying legal force. The conclusions can be applied for lawmaking, judicial practice, and academic teaching. The paper has enriched legal theory by clearly separating the substantive basis and procedural formulation of norms.

UDK: 342.9

Nikita Ol. Senin - Russian University of Transport (MIIT), Moscow, Russia

Abstract. The current paper has considered the legal nature of state strategy as a special form of public administration that combines normative and program-targeted content. Strategy has been suggested not as a set of declarative provisions, but as a legally significant instrument that ensures long-term goal setting, the consistency of government decisions, and the resource orientation of state policy. Based on an analysis of domestic and international literature, there have been identified key approaches to the legal nature of strategy, tracing the concept’s evolution from a military category to a universal instrument for regulating complex socioeconomic systems. There have been examined the specific features of the Russian strategic planning model, its institutionalization following the adoption of Federal Law No. 172-FZ “On Strategic Planning in the Russian Federation” of June 28, 2014, and the key issues of the legal certainty of strategies, their relationship with budget planning, and the consistency of strategic documents and control mechanisms. There has been argued that strategy represents a legal form of governance that integrates political guidelines and legally binding consequences. There have been proposed directions for improving the legal efficiency of strategic planning in the Russian Federation.

UDK: 347.45

Aleksey An. Maksurov - Candidate of Law, P.G. Demidov Yaroslavl State University, Yaroslavl, Russia

Abstract. The legal regulation of information security is based on the specific principles of legal impact in this area, due to which there can be improved the efficiency of legal enforcement. However, the legal literature lacks clarity regarding the essence of these principles. The current study has substantiated the necessity to identify and formalize the principles of legal support for information security as a specific legal technology. There have been also given the characteristics of the general legal and sectoral (intersectoral) principles of legal regulation in this area. There has been demonstrated their hierarchy, characteristics, and interrelations.

UDK: 342.9

Igor K. Vasilenko - Candidate of Law, associate professor, Leading Researcher of the Department of Economic Security Research, Institute of Economic Research, Donetsk, Russia

Abstract. The current paper has analyzed the legal terms given in regulatory legal acts in the field of ensuring the safety of transport processes, examines their relationship with related concepts characterizing the state of security of the transport complex and citizens from various threats in the field of transport security. There has been shown a lack of systemacity of normative legal acts and their inconsistency. There has been made a conclusion about the narrow nature of the legal definition of “transport security” and proposed its author’s edition. There has been shown a necessity to include people involved in transport processes in the number of objects of transport security enforcement. There has been substantiated the necessity to supplement the List of potential threats of committing acts of illegal interference in the activities of transport infrastructure facilities and vehicles. Based on the conducted study, there have been proposed the amendments to the legislation of the Russian Federation.

UDK: 658.7:004

Evgeny Al. Nesterov - Candidate of Law, Associate Professor, Head of the Law Institute, Russian University of Transport (MIIT), Moscow, Russia

Viktor Ya. Tsvetkov - Doctor of Technical Sciences, Professor, Russian University of Transport (MIIT), Moscow, Russia

Abstract. Modern digital technologies and products are the basis for improving the transport sector and society. Digital transformation has evolved from a technological opportunity into a necessity for managing the needs of transport infrastructure. Digital transformation introduces new processes and mechanisms that affect key factors of transport and transport digital law. Digital law as a phenomenon appeared within the framework of the digital economy and digitalization of society. The current paper has reflected the evolution of research in the field of digital transformation of society and the development of digital law. There have been shown similarities and differences between the concepts of digitalizing, digitalization, and digital transformation. There has been demonstrated a connection between digital transformation and digital economy. Based on the generalization, there has been given the authors’ definition of digital transformation. There has been substantiated the necessity to develop digital law for intelligent robots.

UDK: 347.9

Maksim V. Lavrukhin - Derzhavin Tambov State University

Abstract. The current paper has considered the use of securitization concepts to strengthen the protection of transportation systems from threats and risks. There has been considered how securitization processes can be integrated into transportation security management practices, focusing on identifying and overcoming key threats, including terrorism, cyber-attacks, man-made accidents, and natural disasters. There have been analyzed the methods and approaches that allow for a more effective response to potential threats, increasing the resilience of transport infrastructure. The study has emphasized the importance of cooperation between government agencies, the private sector and international organizations to develop a comprehensive security system that can adapt to modern challenges.

UDK: 34.07

Samir M. Mikailov - Candidate of Law, associate professor, Kurgan Institute of Railway Transport, branch of the Ural State University of Transport

Abstract. The current paper has presented a scientific analysis of existing approaches to defining types of security related to the railway industry (such as “transport security”, “traffic security in railway transport”, “security of railway transport”, “security of traffic and operation of railway transport”, etc.) and on this basis there has been proposed to consider a new legal category “railway security”. There have been given arguments for the necessity to develop and implement this concept in science by the fact that the definition of this category will create not only a platform for scientific research in this area but will also provide the basis for the development of an effective strategy and policy in the field of railway security. At the same time, defining “railway security” as a type of “transport security”, the author has presented it as a state of protection of railway transport facilities (movable and immovable), its surrounding ecosystem, as well as a staff and passengers from various threats.

UDK: 342.951:351.82

Sergey Al. Semenov - Maritime Security Service

Abstract. Any legal institution is characterized by establishing its own special, unique conceptual apparatus, arising from the specifics of regulated social relations. The accuracy and unambiguity of legal concepts contributes to a common understanding of legal norms, ensures integral regulation of specific social relations, and prevents possible abuses of law. Transportation security, as a legal institution, is no exception. During its establishing, formation and development, there were introduced many new concepts into legal circulation. However, not all of them have received legal definitions to date. Until now, transport security legislation has not defined the concepts of “ground part of a transport infrastructure facility”, “underground part of a transport infrastructure facility”, “air part of a transport infrastructure facility”, and “above-water part of a transport infrastructure facility”. The definition of these concepts is important for planning and implementing measures to ensure transport security. Also, there is no explanation of the purpose of dividing a transport infrastructure facility specifically and only into the above-mentioned parts. The current paper has offered a critical look at the concepts of “ground part of a transport infrastructure facility”, “underground part of a transport infrastructure facility”, “air part of a transport infrastructure facility”, and “above-water part of a transport infrastructure facility”, there has been substantiated the opinion on the advisability of their exclusion from the legislation on transport security.

UDK: 343.346(07)

Nikolay Al. Dukhno - Doctor of Law, professor, Russian University of Transport (MIIT)

Abstract. The current paper has substantiated the necessity to develop transport law on the basis of scientific research on the factors that encourage making new legal norms. They are being developed under the influence of the features of transport relations identified by jurisprudence as a science. A comprehensive and complete scientific study of transport relations can form the theoretical basis for the development of new legal norms. Such norms can ensure the legal order in the field of transport in solving all its problems. Transport law is an integral part of jurisprudence. The expansion of the use of the scientific potential of jurisprudence opens the way to new directions in the study of transport law.

UDK: 69.059.4

Viktor M. Koryakin - Doctor of Law, professor, Russian University of Transport (MIIT)

Abstract. The current paper deals with theoretical and practical issues of ensuring the survivability of Russia’s transport infrastructure in the context of a special military operation. There has been shown that most of the publications on the problems of survivability of transport systems are devoted to the study of the stability of their functioning in emergency situations of a technological and natural-technogenic nature (accidents, catastrophes, natural disasters, etc.). However, in the last year, because of the active armed confrontation between Russia and Ukraine, supported by the collective West, the problem of ensuring the survivability of the transport system in emergency situations of socio-political and military origin (war, armed conflict, terrorism, sabotage, etc.) has become significantly more urgent. There has been given an analysis and scientific and practical commentary of legislative and by-laws which regulate the functioning of the transport system in these conditions. There have been made some proposals to improve legislation in this area of public relations.