Статьи номера | Issue №30

Articles of the journal issue №2 (30) (2nd quarter of 2019)

All articles in PDF


Sergey Iv. Leonov. On the use of option contracts in the activities of transport security subunits

UDK: 347.44


Sergey Iv. Leonov - deputy head of the transport security department of the Federal Agency of Railway Transportation (Roszheldor), s.leonov@roszeldor.ru


Abstract. Currently the issues of transport security have been firmly listed among the most relevant and widely discussed topics in the professional transport community. The systematic work of the authorities over the past 10 years to develop legislation in the field of transport security on the one hand, and the economic activity of transport infrastructure owners to protect such facilities from unlawful interference according to the Federal Law of February 9 2007 No. 16-ФЗ "On Transport Security" on the other hand, created a large-scale and specific market for goods, jobs and services in this area. The paper is devoted to the study of the opportunity to use an option contract in the economic activities of transport security subunits and certifying organizations to plan business activities and to prepare favorable conditions for certification of transport security units.

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Aleksandr V. Vlasov, Tatiyana V. Borisova. Features of legal regulation of dangerous goods transportation by sea

UDK: 347.463


Aleksandr V. Vlasov - Candidate of Economic Sciences, associate professor of the department of customs law and organization of the customs affairs, Law Institute of the Russian University of Transport

Tatiyana V. Borisova - senior lecturer of the Law College, Law Institute of the Russian University of Transport


Abstract. Dangerous goods are an integral part of the modern trade of any state. This is an objective need for the development of production relations due to their various kinds of requirements. The modern economy would not be able to fully function without the necessary quantity of goods and vehicles. Today no state is able to exist without the consumption of natural resources, and a considerable part of industrial waste, unfortunately, is made up of toxic substances polluting the environment and carrying a certain degree of potential danger. More than a half of goods transported by all modes of world transport are hazardous, namely explosive, corrosive, flammable, toxic, and even radioactive in nature, or they may be of other hazard. To ensure safe transportation of goods by sea is a task of relevant importance for ship-owners, stevedores, cargo owners. The paper deals with the features of legal regulation of dangerous goods transportation by sea. There has been carried out the analysis of the existing rules and regulations, and a general analysis of the legislation. Sea transportation is one of the most common types of transportation, as the most part of world goods are transported by sea.

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Vladimir E. Sudenko. Traffic accidents and transport crimes: their reasons and the problems of dealing with them

UDK: 343.346


Vladimir E. Sudenko - Candidate of Law, docent, associate professor of the department 'Criminal Law, Criminal Procedure and Criminalistics', Law Institute of the Russian University of Transport (MIIT), honorary worker of higher education of the Russian Federation


Abstract. The paper considers the provisions of criminal and criminal procedural law that determine the criminality and penalty of road accidents, as well as certain difficulties in their disclosure and investigation. There have been identified certain causes and favorable conditions for their commission. There have been considered some drawbacks of legislative, organizational and technical nature do not contribute to the timely prevention and disclosure of such socially dangerous acts. It has been concluded that a complete, comprehensive and objective study of the transport incidents, accidents and crimes is possible on the basis of a clear interaction among various humanitarian (including legal) and natural, i.e. technical, construction, forensic sciences, each of which studies these actions from its own point of view by the use of specific methods, tools and technologies.

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Valeriy L. Popov. Transport expertise as evidence in court

UDK: 347.463


Valeriy L. Popov - senior lecturer of the department of the department of criminal law, criminal procedure and criminalistics, Law Institute of the Russian University of Transport


Abstract. The article deals with the issues of the methodology and practice of forensic examinations, as one of the main types of evidence related to the detection and investigation of crimes envisaged by the Art. 263 of the Russian Criminal Code "Violation of the safety rules of traffic and operation of rail, air, sea and inland waterway transport and metro." There have been described the causes and conditions that affected the absence of forensic experts and uniform scientific-developed expert techniques for the study of railway and water transport in Russia. There have been given the recommendations that can contribute to the development of forensic methods and professional expert standards for certain types of transport on the basis of the Russian University of Transport (MIIT), which do not currently exist.

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Sergey M. Kolotushkin. Air transport safety in modern conditions of an unmanned aerial vehicle development: problems and solutions

UDK: 656.7


Sergey M. Kolotushkin - Doctor of Law, professor, main researcher of the Research Institute of the Federal Penitentiary Service of Russia, kolotushkinsm@mail.ru


Abstract. The paper deals with the current problems of ensuring aviation safety in an unauthorized use of unmanned aerial vehicles (UAVs) near airports. The incidents at the Gatwick and Heathrow airports in London, when in December 2018 the aviation flights were two-day suspended due to the UAVs flights, showed the seriousness of the problem. The legal, organizational and technical solutions proposed by different countries do not unfortunately solve the existing and future problems. The author has proposed a technical solution to counter unauthorized flights of UAVs near airports. The "Trevoga – Tschit" ("Alarm-Shield") complex detects a UAV flight control radio link and makes two modes of jamming: "barrage" and "seizure". In the barrage mode, at the border of the airport, the radio-suppression system of the UAV control system is activated, and the UAV returns to the operator via the satellite navigation channel. When trying to break into the airport, the satellite navigation suppression channel is switched on and it makes the UAV to land immediately. For a daily control, the complex includes a UAV simulator that generates its control signals. The tune-up of this complex on a detection range and radio jamming depends on the size and configuration of the airport.

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Mikhail V. Bobovkin, Vitaliy An. Ruchkin. On the forensic handwriting analysis of electrophotographic copies of documents in the investigation of transport crimes

UDK: 343.98


Mikhail V. Bobovkin - Doctor of Law, professor, professor of the department of criminal law, criminal procedure and criminalistics, Law Institute of the Russian University of Transport

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, honored scientist of the Russian Federation


Abstract. At present, law enforcement agencies are increasingly using the potential of forensic handwriting analysis in the investigation of transport crimes. This tendency can be seen in the spheres of economy and property, as well as in the fight against corruption, inappropriate use of budget finance, power abuse and negligence. In addition, the solution of the problems of forensic handwriting diagnostics is widely used in procedural and non-procedural forms to find offenders in transport crimes. There are usually compiled search tables with the data on a personality of a manuscript (gender, age, occupation, education, psycho-physiological state, etc.), being of a great significance for finding. The main purpose of their use is to narrow a circle of suspects to identify a person on the basis of handwriting characteristics. The paper considers the urgent issues of using the potential of handwriting analysis to investigate transport crimes. The authors have determined the current state and tendencies for further development of forensic handwriting analysis, the system of forensic handwriting characteristics, which are of great importance to solve the problems of forensic handwriting analysis in procedural and non-procedural forms.

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Oleg Al. Antonov. Evidence formation in a traffic crime investigation

UDK: 343.9


Oleg Al. Antonov - candidate of Law, associate professor of the department of criminal law, criminal procedure and criminalistics, Law Institute of the Russian University of Transport


Abstract. The paper considers various aspects of the formation of physical evidence in transport criminal cases. There has been indicated that very serious incidents can occur not because of humans, but due to the action of irresistible natural force. At the same time, the actions of a person who violates or does not comply with certain traffic rules can lead to numerous victims, as have been indicated by the examples. The attention has been paid to the fact that successful solution and effective investigation of crimes committed at transport are possible only if there is relevant evidence obtained as a result of their detection, documenting and collection. In this case, the most important evidence is the evidence obtained from material sources, although a subjective evidence should also be taken into account. The attention has been especially paid to the correct estimation of material evidence in cases of transport crimes in general and railway transport crimes in particular, as the most objective ones (i.e. not subjected to subjective effect). There has been described the recognition procedure for certain crime traces as evidence in a criminal case. To solve a criminal case, it is not a specific subject that matters, but its relevance to the investigated crime, i.e. when it acts as a carrier of the evidence. The signs of an object, its appearance, location and detection, and its connection with the circumstances being proved make this subject a material evidence.

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