Статьи рубрики | Theory and methodology of transport law

Scientific specialty:

12.00.01 “Theory and history of law and state; History of doctrine of law and state”

Aleksandr P. Ovechkin. The essence and content of the concept of “acts of unlawful interference” in transport

UDK: 654.1:006.354


Aleksandr P. Ovechkin - Doctor of Philosophical Sciences, professor, Russian University of Transport


Abstract. After the adoption of the Federal Law “On Transport Security”, the term “acts of unlawful interference” firmly entered and became fixed in the legal transport terminology. However, its fixation in legislation caused a great controversy about the essence and content of this concept. Meanwhile, their application in theory and practice largely depends on terminological certainty and accuracy. It is no coincidence that the slogan of the ancient Roman laweyrs was “absoluta sententia expositore non indigent”, which means “a clear meaning does not require explanation”. Legal terms work effectively in case they are clearly defined and understood. Therefore, in the current paper, the author, joining the ongoing discussion on the term “acts of unlawful interference”, has made an attempt to give his own interpretation, to analyze the pros and cons of the legally established definition of this concept.

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Sergey Al. Semenov. About the concept of “transport security enforcement forces”

UDK: 342.951:351.82


Sergey Al. Semenov - head of the Federal Budget Institution “Marine Security Service”


Abstract. One of the key concepts for the Federal Law “On Transport Security” is the concept of “transport security enforcement forces”. The significance of this concept lies in the fact that it outlines the circle of persons who ensure the protection of transport infrastructure facilities and vehicles from acts of unlawful interference. However, a systematic analysis of the definition has shown that at present the concept of “transport security enforcement forces” does not contribute accuracy, unambiguity and certainty in the regulation of legal relations and does not help to reveal the essence and meaning of regulatory legal acts in the field of transport security. Thus, some lexically identical phrases used in the concept are interpreted by the law in different ways, others do not correspond to the interpretation offered by the law itself. The law does not reveal the composition of the transport security enforcement forces, does not determine the legal status of people related to them, with the exception of certain elements of the legal status of employees of departmental security. The list of categories of employees of the transport security forces can only be determined through an analysis of typical additional professional programs in the field of their training, which looks unnatural from a legal point of view. The requirements for enforcing transport security by means of transport practically do not disclose the rights and obligations of people who are part of the transport security enforcement forces. The law and the requirements for enforcing transport security by means of transport do not contain norms imposing or determining the procedure for imposing responsibility for their implementation on the person responsible for transport security. At the same time, the precise and unambiguous use of legal concepts plays an important role in preventing the deformation of legal norms. The current paper has offered a critical analysis of the concept “transport security enforcement forces” and has given proposals for its improvement, including a new definition and a concept “a person responsible for enforcing transport security in a transport infrastructure subject, at a transport infrastructure facility, a vehicle”.

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Elena L. Fedorova, Olga N. Skuybedina, Olga V. Semaeva. On the issue of current tendencies in written legal communication in the transport system

UDK: 316.28:656


Elena L. Fedorova - Candidate of Philological Sciences, associate professor of the department ‘Methodology of law and legal communication’ of the Law Institute of the Russian University of Transport

Olga N. Skuybedina - Candidate of Philosophical Sciences, docent, associate professor of the department ‘Methodology of law and legal communication’ of the Law Institute of the Russian University of Transport, associate professor of the department of foreign languages of the National Research University MPEI

Olga V. Semaeva - Candidate of Pedagogical Sciences, associate professor of the department of foreign languages of the NPPEI HE MFIU “Synergy”, associate professor of the department of foreign languages of the National Research University MPEI


Abstract. The current paper has considered the problem of the emergence of legal communication in the field of transport law. There have been presented some features of written speech, characteristic of the present days. The paper has identified deviations and shifts in written communication, allowing the development of texts related to transport and transport security and safety, as well as the rules for the implementation of professional and personal communication.

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Aleksandr Iv. Sidorkin. Labor relations under the conditions of application and use of unmanned vehicles

UDK: 631.856.8


Aleksandr Iv. Sidorkin - Doctor of Law, professor, head of the department of the department ‘Theory of law, history of law and international law’ of the Law Institute of the Russian University of Transport


Abstract. The current paper has considered the problems of legal regulation of labor relations in transport under the conditions of the use of unmanned vehicles. There has been conducted the analysis of the current labor legislation and made the conclusion about the absence of legal regulation of labor relations. There has been established the necessity to regulate the legal status of persons working with unmanned vehicles, the possibility of concluding and terminating employment contracts, and especially their responsibility. There has been determined a specific of the work of employees serving a new mode of transport in order to ensure the transport security of Russia. Particular attention has been paid to the legal regulation of the staff labor whose work is directly related to the movement of unmanned vehicles, their special disciplinary responsibility. There has been identified the need to develop labor legislation and occupational Safety and Health standards for transport employers and workers using unmanned vehicles in order to ensure their safe and uninterrupted work.

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Nikolay Al. Dukhno. Milestones of science of the Russian University of Transport: project concept

UDK: 656.2:001


Nikolay Al. Dukhno - Doctor of Law, professor, advisor to the administration of the Russian University of Transport, honorary worker of higher education of the Russian Federation


Abstract. The current paper has a purpose to acquaint readers with the concept of a scientific project aimed at finding, systematizing and disclosing the content of a huge amount of scientific papers on transport topics, prepared by scientists of the country's leading transport university over its 125-year history. According to the author’s idea, the preparation and publication of a fundamental collection of scientific papers that had a fruitful impact on the development of the transport industry in Russia, will allow positioning the Russian University of Transport as a center of scientific transport thought, creating conditions for the introduction of works of transport scientists of different generations which were previously published but are still inaccessible to a wide range of readers.

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Denis V. Iroshnikov. Formation and development of security theory in Russia

UDK: 614.8


Denis V. Iroshnikov - Candidate of Law, docent, associate professor of the department “Theory of law, history of law and international law” of the Law Institute of the Russian University of Transport


Abstract. The current paper has examined the formation and development of security theory in Russia as an integrated system of scientific knowledge. This process was analyzed not only from the organizational point of view (when and which scientific organizations, teams, scientific schools, working groups and individual scientists were engaged in this issue), but from a scientific point of view. The first issue of the current study was to identify specific scientific results that researchers achieved at one stage or another of the security theory formation. The security theory development was relatively long and objectively difficult, since it had been politically and ideologically influenced during the period of the USSR. In this regard, security theory began to actively develop only after the collapse of the USSR. The new socio-political conditions served to form a fundamentally different security paradigm, implying its broad understanding. This served as the impetus for the emergence of a number of relevant scientific studies devoted to theoretical security issues, including conceptual-categorical and structural-functional aspects. Since security is an interdisciplinary scientific category, its theory formation occurred in parallel in philosophical, legal, political, sociological and other sciences. Legal scholars have achieved particular success in the study of theoretical aspects of security, since the relevant studies were based on the study of the relevant branch of the legislation of the Russian Federation. In this regard, it has been necessary to distinguish between security theory and various variations of the legal security theory. The conducted analysis of the security theory genesis in Russian science allowed with a certain degree of convention to single out three stages in the security theory development, each of which has been characterized by a corresponding contribution to its development. The current study is intended to become a methodological basis for further research in the field of theoretical foundations of security and national security, as well as its types.

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Olga M. Zemlina, Maksim M. Gaditsky. Analysis and ways to improve legislation on railway transport security

UDK: 347.463:656.265


Olga M. Zemlina - Candidate of Law, docent, associate professor of the department ‘Transport Law’ of the Law Institute of the Russian University of Transport, honored worker of high professional education of the Russian Federation, member of the direction ‘Transport security’, an expert of the Scientific-Advisory Section of the Center for Security Studies of the Russian Academy of Sciences (SAS CSS RAS)

Maksim M. Gaditsky - Master’s Degree student of the Law Institute of the Russian University of Transport


Abstract. The current paper has considered the legislative component of enforcing railway transport security as an integral element of the national security of the Russian Federation. There have been considered such basic concepts as “transport security zone” and “anti-terrorist security of an object” of the railway infrastructure. There has been proved that counteracting terrorism is impossible without putting transport infrastructure facilities into categories and approving security criteria for rolling stock. There have been studied organizational and legal conditions for railway transport operation and, on their basis, there have been made recommendations for further improving the regulatory framework in the field of railway transport security.

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Denis V. Iroshnikov. Legal culture and security: some aspects of correlation

UDK: 340.113:656


Denis V. Iroshnikov - Candidate of Law, associate professor of the department ‘Theory of law, history of law and international law’ of the Law Institute of the Russian University of Transport


Abstract. The current paper has presented a scientific analysis of the correlation between legal culture and security, in the context of which the author set the goal to determine the dependence of the level of legal culture in society on the corresponding level of ensuring the safety of the individual, security of the society and state. In this aspect, there has been impossible to ignore the concept of ‘safety culture’, since a number of scientific studies are devoted to its various aspects today. Considering the quantitative growth and qualitative transformation of threats to people security in the modern world, the formation of a security culture is one of the most important tasks on the agenda. With regard to transport relations, safety culture plays a crucial role, since the security of all participants (both transport users and unauthorized persons, for example, pedestrians) directly depends on its level. In the context of the analysis of legal culture and its correlation with security, there have been also considered the issues of legal consciousness and legal ideology, as an important element of its structure. In addition, the paper has risen the problem of legal nihilism as a threat to the safety of the individual, security of the society and state. In particular, legal nihilism, expressed in the denial of traffic rules, often results in road accidents and threatens human life and health, his property and the safety of other road users. The conducted complex analysis allowed the author to prove the concept that an increase in the level of legal culture has a direct impact on the level of security. In this regard, improving legal culture through the influence on legal consciousness through legal ideology is an activity aimed at ensuring security.

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Mariya An. Bazhina. On the issue of systematization of transport legislation Russian Federation

UDK: 347.763


Mariya An. Bazhina - Candidate of Law, associate professor of the department of business law of the Ural State Law University


Abstract. The current paper deals with the systematization of transport legislation, as one of the acute issues of transport law. At present, the discussions about the choice of a way to improve transport legislation are of particular importance, since there is a revision of the legal regulation of certain spheres of life, including transport activities. The author of the paper has examined various points of view regarding the systematization of transport legislation that existed throughout the period of its development. The use of the historical method in this study made it possible to identify a trend towards further improvement of transport legislation. Taking into account the necessity for international integration, an increase in cargo turnover and, as a result, an increase in the competitiveness of domestic carriers, the primary task is to unify transport legislation. The most productive way of convergence of national legislation regulating the activities of certain types of transport is a codification of transport legislation in the form of a single normative legal act, the transport code. This conclusion has been substantiated by an analysis of the current legislation, which is distinguished by repetitions, contradictions, and the absence of a single conceptual apparatus. It is with the help of the development of the transport code that it is possible to build the correlation among all elements of the transport legislation system, to develop the logic of presentation. Thus, the transport code can become some instrument for harmonizing disparate transport legislation.

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Nikolay Al. Dukhno. School of Transport Law

UDK: 347.463


Nikolay Al. Dukhno - Doctor of Law, professor, Director of Law Institute of the Russian University of Transport, honorary worker of higher education of the Russian Federation


Abstract. The current paper substantiates the need to establish a structure that is able to focus efforts on the fruitful use and application of transport law in the formation of transport relations. The author gives the reasons to the need to set up a school of transport law, determines a goal and tasks to be solved by this new institution. The functioning of the school does not require budget funding. The rich experience in the establishing and developing of the Law Institute MIIT confirms the possibility to set up such a school, which will ensure the development of proposals for the systematization of transport legislation and make it more accessible for implementation in transport practice. Due to combining forces and means, the school will become the institution that will be able to develop and implement unique programs of additional professional education. The functioning of the school will ensure an increase in the level of legal culture of transport workers.

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