Статьи номера | Issue №28

Articles of the journal issue №4 (28) (4th quarter of 2018)

All articles in PDF

Gutsulyak Vasiliy N. Legal means of the fight against piracy and terrorism in sea transport

UDK: 341.255.5

Gutsulyak Vasiliy N. - doctor of Law, professor, honorary worker of the Navy

Abstract. Sea transport is one of the most important "blood arteries" of the present world economy. According to a specialized agency of the United Nations "The International Maritime Organization" (IMO), shipping accounts for more than 80% of the world trade. In addition, millions of tourists today use sea cruise ships and ferries. According to the Lloyd data, a reputable insurance corporation, ships carry about 90% of merchandise. As Russia is traditionally one of the leading maritime powers, possessing the world's largest sea border (38,807 km), and its coasts are washed by 12 seas of three oceans and the internal Caspian Sea, sea transport is of vital importance. At the same time, sea transport activity correlates with the need to protect it from various external threats, among which maritime piracy and terrorism are of the greatest potential danger. Therefore, the article is devoted to the analysis of legal means used in the fight against piracy and terrorism in sea transport. The paper explains the essence of the definitions "maritime piracy" and "terrorism", substantiates the necessity to amend the Art. 227 of the Criminal Code about piracy. There have been also considered fundamental differences and common traits of piracy and terrorism. There have been analyzed the provisions of the Federal Law on March 6, 2006 No. 35-FZ "On Countering Terrorism" relating to sea transport.

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Sudenko Vladimir E. Collection and accumulation of intelligence information concerning criminal activity of the organized criminal groups in railway transport

UDK: 343.13+343.98

Sudenko Vladimir E. - candidate of Law, docent, associate professor of the department "Criminal Law, Criminal Procedure and Criminalistics", Law Institute, Russian University of Transport (MIIT)

Abstract. The fight against organized crime requires a very serious approach in the process of finding and recording information about the criminal activities of organized criminal groups. There are considered the issues of operational detection, investigation and collection of information concerning criminal activity of groups and communities. The article considers the necessity to use all kinds of forces and means, both public and secret, to establish types of criminal activity, crime scenes, traits and characteristics possessed by both leaders of organized criminal groups and communities, and leaders of all levels of the criminal structure, as well as individual members of these groups and communities. The article reveals the necessity to develop tactics to carry out operational-intelligence measures in the process of operational-investigative activity in relation to the organized crime, as well as the most general principles of private methods of their production. The paper emphasizes the need to define the moment of implementation of the collected operational and intelligence information, as this work is allowed to be neither premature nor delayed in order to avoid loss of evidential effect of the collected materials.

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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.

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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.

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