Статьи номера | Issue №27

Articles of the journal issue №3 (27) (3rd quarter of 2018)

All articles in PDF

Petrov Yu. Development of waterways and shipping facilities in Russia in the era of «Palace coups»

UDK: 656.62:94(47)

Petrov Yu. - candidate of historical sciences, associate professor, professor of «The customs law and customs affairs» of the Law institute of Russian university of transport

Abstract. The article deals with the measures of the government in the post-Peter I era aimed at the development of waterways and shipping facilities. The efforts made by the government to update the shipping fleet and maintain the system of canals and river ways of communication are shown.

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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.

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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.

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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.

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Sudenko V. Problems of application of forensic technology in the disclosure and investigation of crimes, including in objects of transport infrastructure

UDK: 343.13

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 problematic issues arising among theorists and practitioners regarding the use of the polygraph and the use of the resulting information in the disclosure and investigation of crimes, including the transport infrastructure. Various points of view on this problem are briefly analyzed, expressing an opinion about the use of evidence obtained as a result of the use of the polygraph as evidence, as well as those who exclude such data from the evidence.

Detection of crimes, detection of traces of criminal activity, their fixation, removal and investigation are unthinkable without the application of the provisions contained in the section criminology — criminalistic tactics. The article shows the development of many areas of forensic technology, created by using the latest technical and electronic scientific achievements, as well as computer technologies designed for the purpose of detection, investigation and prevention of crimes. The author reveals the existing obstacles to the wider use of technical and forensic tools in connection with the unresolved procedural issues regarding the confirmation of the admissibility and validity of the use of certain technical and forensic tools. As such, the polygraph-hardware and software complex, allowing to interview a particular person in real time with the simultaneous registration of changes in physiological parameters of the subject for the disclosure and investigation of a specific crime, as well as the use of dogs for identification by smell. Short opinions of both supporters of recognition of the data received with use of a polygraph, as proofs, and their opponents are given.

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Parshakov A. To the question about the features criminal-legal regulation road safety and vehicle operation soldiers

UDK: 343.2/.7.

Parshakov A. - candidate of legal sciences, senior lecturer of the department «Criminal law, criminal procedure and forensics» of the Law Institute Russian University of Transport, senior research fellow, research center (military-scientific information, military-legal problems) Military University of the Ministry of defence Honorary worker of the Prosecutor's office of the Russian Federation, the Colonel of justice of supply

Abstract. The article deals with the problematic issues of traffic safety and operation of military vehicles, especially the criminal law regulation of road safety and operation of transport by military personnel. The author refers to the Prosecutor-investigative and judicial practice, he investigates the most complex issues of differentiation and qualification of crimes of this type.

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Dmitrieva M., Dmitriev A., Bratchuk E. Transport associations: their place and role in the legal field

UDK: 347.463

Dmitrieva M. - lecturer at the law College of the Law Institute of the Russian University of Transport, legal adviser of the public procurement Department of the Institute of chemical physics of the Russian Academy of Sciences

Dmitriev A. - candidate of physical and mathematical sciences, associate professor of the department «Information and mathematical technologies and information law» of the Law Institute of the Russian University of Transport

Bratchuk E. - student of the Law Institute of the Russian University of Transport

Abstract. Professional associations are engaged in the protection of the private interests of representatives of a particular profession, as well as the public interests of a particular profession. Associations defend the interests of the profession, introduce standards and norms of behavior in the professional community, pursue their violators. The associations of transport lawyers are engaged in advising on legal issues in the transport sector in various branches of legislation, as the need for competent legal support of the transport component of the business increases. They assist in the preparation of claims, complaints, represent clients in court, help with the preparation of contracts and agreements. In General, we can say that they deal with legal issues and nuances in the transport sector. The article provides an overview of Russian and international professional associations of the transport industry. Associations of transport lawyers of North America (USA, Canada) and Europe (Holland, Croatia) are considered. The range of issues that they deal with, in which parts of the world are and prospects for their development.

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Bocharnikova K. Disputes in wagon repair economy as a special category of judicial and arbitration disputes

UDK: 347.918:656.2

Bocharnikova K. - postgraduate student of the department of civil law Of the national research Tomsk state University, practicing lawyer

Abstract. The history of the Railways and the corresponding transport has more than one century. In Russia, the idea of creating and operating Railways begins to emerge at the end of the XVIII century, when the development of any scientific and technical thought was in direct connection with the capitalist sentiments of society. With the development of capitalism, strengthening its foundations, which was the production of goods, the provision of various kinds of services, Commerce and other legitimate economic activities, in order to serve the industrial needs of large enterprises for the production of goods in 1825 in Russia there is a railway transport. Ten years later, pursuant to the Decree of Nicholas I of April 15, 1836 in Russia begins the construction of the first Tsarskoye Selo railway.

Today it is difficult to overestimate the special strategic importance of the railway complex for the developing economy of the Russian Federation, the share of transport and communications in which, according to Rosstat, is 8.7%. The railway is an important link of the unified economic system, provides stable activity of industrial enterprises, timely delivery of vital goods to the remote territories of the country. However, this effect could not be achieved if the structure of the railway complex of Russia did not have special education — wagon repair companies (VRK), whose activities are directly related to the maintenance of the proper condition of rail transport (freight and passenger).

In this regard, the activities of these companies, in particular the practice of their participation in litigation, is of particular interest to the author of this article. Therefore, one of the objectives of our study is to consider the features of the activities of wagon repair companies, as well as relations with their participation, which determine the specifics of judicial and arbitration disputes about the poor quality of repairs of freight cars carried out by wagon companies.

The article considers the features of arbitral disputes with Stock Carriage Repair Kompanies related with their special legal status and structure. The author analyzes the sources of legal regulation relations of maintenance of railway carriage and the order of reclamation-claim work in this field. A lot of attention is paid to review a role of documents and warranty. The article also provides an analysis and synthesis of new judicial practice on disputes about compensation of the costs arising because of defective repair of railway carriage.

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Dmitrieva O., Gorobets A. Influence of tariffs of the Russian railway on development of the railroads

UDK: 338.47: 656.2

Dmitrieva O. - candidate of economic sciences, associate professor department «Customs law and organization customs affairs» of the Law Institute Russian University of Transport

Gorobets A. - student of the Law Institute Russian University of Transport

Abstract. Russian Railways are one of the largest rail networks in the world, and Railways in Russia are crucial and in some cases even the only mode of transport for passengers and cargo. Russian law, namely article 4 of the Federal law of 17 August 1995 № 147-FZ «On natural monopolies», defines the natural monopoly sectors of the economy in which tariffs should be regulated, and Railways are subject to this Law. In this article tariffs of JSC «Russian Railways» are analysed, classification of tariffs is presented, the retrospective analysis of tariffs is carried out, the interrelation of tariffs and costs for transportation by railway transport is revealed and also the analysis of revenues of JSC «Russian Railways» for 2 years is carried out.

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Baskakova I., Samoylenko S., Dyurikenova E. The agreement on organization of cargo transportation

UDK: 347.463

Baskakova I. - candidate of legal sciences, docent of department of civil law and civil process of the Law Institute of Russian University of transport

Samoylenko S. - student of the Law Institute of Russian University of transport

Dyurikenova E. - student of the Law Institute of Russian University of transport

Abstract. Recently, contracts for the organization of transport of goods have become widespread. This is due to the adoption of various international transport codes and agreements, as well as the development of trade relations. Economic entities that systematically turn to the services of cargo carriers need long-term planning of this process. However, the legal nature of this agreement is not clear and is interpreted by scientists in different ways. In this article the features of the agreement on organization of cargo transportation is considered. The authors have analyzed the current Russian legislation in this sphere, the existing publications in order to precise the legal status of the agreement on organization of cargo transportation, determine its independence.

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