Статьи номера | Issue №29

Articles of the journal issue №1 (29) (1st quarter of 2019)

All articles in PDF


Oleg S. Openyshev. On the organization of prosecutor’s supervision over implementation of the legislation on protection of entrepreneurs’ rights in transport

UDK: 347.963:656


Oleg S. Openyshev - candidate of Law, deputy of the Moscow Interregional Transport prosecutor, state 3-rd class counselor of justice


Abstract. Based on the systematic legal and formally dogmatic analysis of the legislation on prosecutorial supervision and transport legislation, the article presents the study results of fundamental approaches to the organization of prosecutorial supervision over the implementation of legislation on protection of entrepreneurs’ rights in transport. The conducted analysis has revealed some contradictions and gaps in the legislation that are of significant theoretical and practical importance for enforcement of law in transport. There have been analyzed main violations detected during prosecutor's checks in this area. Special attention has been paid to the analysis of the activities of regulatory bodies as a means to provide legality and discipline of participants in transport relations. There have been formulated and substantiated some conclusions on the need to improve the regulatory framework, as well as the organization of prosecutor’s supervision over implementation of the legislation on protection of entrepreneurs’ rights in transport, which should be based on the development of uniform methodological approaches to the development of conceptual and categorical apparatus to harmonize legal terms with the necessity to improve the efficiency and legality of transport activities, to eliminate conflicts and gaps in legal regulation.

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Gennadiy Yu. Leshchov. The railway accident investigation concept

UDK: 628.5:656.2(075.8)


Gennadiy Yu. Leshchov - candidate of Economic Sciences, the Public Council expert of Rostransnadzor (The Federal Authority for Transport Oversight)


Abstract. The problem to establish an effective, public transport security management system has deep roots and a wide range of social institutions involved in solving this issue. The system should be based on legal and regulatory instruments that allow comprehensively and completely investigate accidents and disasters, identify cause-effect relationships of actions or inaction of officials. In the process of study, the results of which are presented in this paper, the author thinks that the special importance of transport for the country's economy, national security and state sovereignty, and the vulnerability of transport system, susceptibility to its numerous and diverse threats determine and substantiate legal and organizational enforcement of transport security. The article presents the results of the system-legal and practical analysis of transport security legislation. The analysis allowed identifying contradictions and gaps in the norms of legislation that regulates the investigating procedure for traffic accidents in all transport modes being important for enforcement of transport security. There have been formulated and substantiated the conclusions about the necessity to improve the regulatory and legal framework for the investigation of traffic accidents, which should be based on the development of common methodological approaches to the development of a conceptual apparatus to harmonize and bring legal instruments in accordance with modern transport security needs. There has been proposed a new model for the initial scene investigation and the assessment of the damage caused by a traffic accident on the railway transport.

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Mikhail V. Bobovkin, Vitaliy An. Ruchkin. Forensic handwriting analysis in solving the crimes in transport

UDK: 343.98


Mikhail V. Bobovkin - Doctor of Law, professor, professor of the department of document handwriting analysis of the educational and scientific complex of forensic examination, Moscow University of the Ministry of Internal Affairs of the Russian Federation named after V. Ya. Kikotya

Vitaliy An. Ruchkin - Doctor of Law, professor, professor of the department of the forensic activities of the educational and scientific complex of forensic examination, Volgograd Academy of the Ministry of Internal Affairs of the Russian Federation


Abstract. Nowadays the law enforcement agencies increasingly apply the potential of forensic handwriting analysis to solve the crimes on transport. This tendency can be seen in the economic and property sphere, as well as in the fight against corruption, inappropriate use of budget funds, power abuse and negligence. In addition, the solution of the tasks of forensic handwriting analysis is widely used in procedural and non-procedural forms to search for persons who are subjects of crime in transport. At the same time, these are compiled search tables which contain data on the identities of the manuscript (gender, age, profession, education, psycho-physiological state, etc.), having orienting significance. The main purpose of their use is a gradual narrowing of the number of suspects to identify the person based on the handwriting features. The article highlights the most important problems to use potential of forensic handwriting analysis in the investigation of transport crimes. The authors determine the current state and the trends of further development of forensic handwriting analysis. They present the system of forensic handwriting properties, which is of great importance to solve diagnostic problems of forensic handwriting analysis in procedural and non-procedural form.

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Aleksandr S. Parshakov. On some aspects to counter the investigation of road traffic crimes committed by military personnel

UDK: 343.346


Aleksandr S. Parshakov - Candidate of Law, associate professor of the department of criminal law, criminal procedure and criminalistics, Law Institute of the Russian University of Transport (MIIT), Military University of the Ministry of Defence of Russia, senior researcher of the Research and Development Center, honorary worker of the Prosecutor's office, Reserve Colonel of Justice


Abstract. The article considers the feature to counter the investigation of road traffic crimes committed by military personnel, connected with traffic and transport safety. The author studies the specific forms of the effect on the participants of both a traffic accident and criminal proceedings, taking into consideration the experience of the military justice authorities. The author considers the mechanism of counteraction to establish circumstances of a crime, including a system of such closely related elements as subjects, purposes and motives, time, place and events, method, results and consequences. There has been given characteristics of these elements, including subjects that are classified depending on the nature of their behavior, namely active (producing active actions), passive (mostly intended inaction) and mixed type (using active and passive forms of behavior). It has been emphasized that opposition to the investigation is usually initiated and carried out by servicemen who have committed road traffic offenses and the authorities of military divisions in which they perform military service, as well as the offender’s relatives, his advocates, close friends, colleagues, law enforcement officials, representatives of the authorities and administrations, political and public figures, businessmen, and even criminals, and sometimes victims, witnesses, eye-witnesses, experts, specialists, and others. Such interest of the people mentioned above is due to family ties, the performance of professional duties, mutual responsibility, strengthening of reputation, career advancement, threats, bribery, property’s destruction or other effects. The subjects of the opposition try to change or prevent to find objective side of the crimes, as well as they interfere to establish aggravating circumstances, envisaged by the Art. 63 of the Criminal Code, and other circumstances. The article proposes the forms of tactical and psychological techniques when performing investigative and other procedural actions.

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Sergey M. Kolotushkin. The assessment of the correct record of a traffic accident in the video materials of the car DVR

UDK: 343.9


Sergey M. Kolotushkin - Doctor of Law, professor, main researcher, Federal State Institution "Research Institute FSIN of Russia"


Abstract. The article considers the methodology of the assessment of the correct record of a traffic accident in the video materials of the car DVR. The need to address such issues arises during the investigation of road accidents, when it is required to establish the linear and angular values of various objects, as well as the vehicles’ and pedestrians’ speed based on the video recording materials. The article provides a methodology for the comparative analysis of linear and angular values between stationary objects on the location and recorded in the video recording materials of a car DVR applied in a real case. To assess the correct linear values recorded by a DVR, photogrammetry methods are used. To analyze angular values, geodesical angle fixation methods are used, where stationary objects located at an alignment are used as the base. The speed of dynamic processes is estimated by the frequency of video recorded frames using an electronic synchronizer.

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