Scientific specialty:

5.10.1. Theory and history of culture, art (philosophical sciences, cultural studies, art history)

Koryakin Viktor V. Some issues of systematization of transport legislation

UDK: 347.463

Koryakin Viktor V. - doctor of Law, professor, head of the department "Civil law, International private law and Civil procedure", Law Institute, Russian University of Transport (MIIT)

Abstract. The article deals with the problems of systematization of the transport legislation of the Russian Federation. The paper states plurality of legal acts regulating transport relations, makes a conclusion about negative impact of the plurality of acts on the legality, law and order in the transport sector, and substantiates the need to systematize the acts of transport legislation. There has been given an analysis of such two principal forms of systematization of the legislation as codification and incorporation. The author comes to the conclusion that at present the most rational way of systematization of transport legislation is incorporation by developing and introducing an electronic code of transport laws of the Russian Federation into the activities of transport organizations. It has been recommended to use the experience of other federal agencies of executive power, e.g. the Ministry of Defense of Russia which put into operation the information system "ArmYurist" on military legislation in 2017.

Статья целиком →

Dukhno Nikolay A. Security and the levels of hazards in transport

UDK: 519.7

Dukhno Nikolay A. - doctor of Law, professor, Director of Law Institute, Russian University of Transport (MIIT), honorary worker of higher education of the Russian Federation

Abstract. The article considers the dependence of security on human activity, on his thinking and on the level of his legal education, which is the basis of the activity, the nature of which either gives rise to threats or provides security. The law with its values is required to be studied by everyone, as only legal knowledge can induce thinking to adopt legal laws which should prescribe duties of the subjects responsible for security. In order to positively evaluate the laws and introduce them into a legal order that guarantees safety, transport specialists need to possess legal knowledge. The author justifies the need to determine the levels of hazards, the elimination of which allows achieving safety in transport. People who are responsible for safety are obliged to protect safety where it exists and to eliminate hazards in the places where they exist. Security can be achieved only when danger is eliminated. There has been proposed a way to prepare new educational programs using the current specialty "Legal support of national security", in which there is a real opportunity to develop a number of specializations in training specialists with professional competencies in the legal support of transport security.

Статья целиком →

Akhmyarov R. Questions of criminal violation of traffic rules

UDK: 343.346

Akhmyarov R. - graduate of the Law Institute of the Russian University of Transport

Abstract. The relevance of this article is due to the fact that the situation with accidents on the roads of the Russian Federation associated with the movement and operation of road transport, is an acute socio-economic problem that occurs not only in Russia but also in other countries. Every year more than 10 million people are killed and injured as a result of road accidents in the world, and from accidents related to road transport, annually causes huge socio-economic damage, about 500 billion dollars per year.

The problematic issues of the state of traffic safety and operation of vehicles are considered. Crime and punishability of traffic violations are defined. Specific features of qualification of the crimes provided by Art. 264 of the criminal code of the Russian Federation, and also other transport crimes are revealed. The content of the offences in question, which are two-object, having two consequences, of which one is decisive for the characterization, characterized by two forms of guilt and in most cases two acts, is indicated.

Статья целиком →

Sudenko V. Methodological potential of the categories «quantity» and «quality» in criminal law

UDK: 343.353

Sudenko V. - candidate of legal sciences, associate professor of the department «Criminal law, criminal procedure and forensics» of the Law Institute Russian University of Transport

Abstract. The methodological potential of the dialectics categories «quantity» and «quality» in the domestic criminal law is considered, the criminal-legal significance of the study of these categories is determined. It is indicated as a set of properties, relationships and relationships, reveals what this phenomenon (event, object) is, what it is, why such a set is the quality of the phenomenon, object, event. It is shown how the set of properties, relationships and relations characterizing the magnitude of the phenomenon (event, object) and its size, is the number of phenomena, events, object, and how quantitative changes entail qualitative changes and Vice versa. The relations of the categories of dialectics with their properties and connections are analyzed, the stability of qualitative characteristics and absolute variability of quantitative characteristics are revealed. The nature of public danger as the quality of a particular phenomenon gives the researcher the opportunity to highlight the external form of criminal act on its inherent objective and subjective grounds, reflecting the importance, in this case, protected by criminal law, the legitimate interests of citizens and transport infrastructure, to which it was directed, and which harm was caused or created a real threat of harm. Quantitative indicators, according to the author, there is a degree of public danger of a crime, contributing to comparative analysis of crimes of one kind, and expresses its external definiteness, namely degree of development of a set of properties, connections, relations, characterizing the magnitude of the criminal phenomenon, the value of the object of encroachment, the size of the damage shape and form of guilt, motive, etc. Are examples of qualitative and quantitative characteristics of the traffic crimes and the conclusion of applicability of the categories of dialectics for their research.

Статья целиком →

Kobzeva E., Mamina O., Khimich T. Genesis of a legal institution depriving the right to drive a vehicle as a form of administrative punishment

UDK: 342.9

Kobzeva E. - candidate of legal sciences associate professor «Theory of Law and Natural Resource Law» Russian University of Transport

Mamina O. - candidate of legal sciences associate professor «Theory of Law and Natural Resource Law» Russian University of Transport

Khimich T. - candidate of legal sciences associate professor «Theory of Law and Natural Resource Law» Russian University of Transport

Abstract. Ensuring safety in transport is one of the most important and urgent tasks of the state. Accident on such a mode of transport as automobile, causing enormous physical, property and moral damage to society as a whole, and to individual citizens, usually results from individual offenses of road users. One of the most effective tools of public administration in the field of road safety is the possibility of applying this type of administrative punishment as deprivation of the right to drive a vehicle. The article is devoted to the investigation of the mechanisms of state regulation of the road traffic at different stages of its development and, in particular, the legal institution of deprivation of the right to drive a vehicle from the point of view of its origin and development in the domestic legislation. The work also analyzes the norms that determine the composition of the offenses for which this punishment is assigned, the procedure for its appointment, calculation, and execution; statistical data related to the subject of the study are given.

Статья целиком →

Savenkov A. Use of the offspring abilities of service dogs to identify objects and substances that are prohibited or restricted to movement in transport