Статьи номера | Issue №33

Articles of the journal issue №1 (33) (1st quarter of 2020)

All articles in PDF

Irina Al. Grebenkina, Svetlana Al. Grebenkina, Alla L. Blagodir. The current status and development trends of the infocommunication transport infrastructure in the Russian Federation

UDK: 656:005.932

Irina Al. Grebenkina - Candidate of law, associate professor of the department of Civil law and Procedure of M.M. Speransky Law faculty in the Institute of Law and National Security of RANEPA, senior lecturer of the department of Civil Law of the Kutafin Moscow State Law University (MSAL)

Svetlana Al. Grebenkina - senior lecturer of the department of the Analysis of Risks and Economic Security of the Financial University under the Government of the Russian Federation

Alla L. Blagodir - Doctor of Law, professor of the department of Labour Law and Social Security Law at the Kutafin Moscow State Law University (MSAL)

Abstract. Despite the recognition of the importance of the digital transformation of transport infrastructure as the basis of life safety, social and economic development of the country, the technical, legal and financial regulations of the digitalization of the transport complex, a detailed assessment of the impact of digital transport technologies on social and economic processes in modern society remain completely unexplored. The new challenges of globalization, integration and digitalization of the global economy necessitate the permanent improvement of transport infrastructure, the growing demand for the development and use of highly automated vehicles in recent years. The current paper has estimated the current state of the infocommunication transport infrastructure in Russia based on the analysis of statistical data, has identified the advantages and key system-wide problems of the domestic transport industry. There have been determined the vectors of the Russian transport system development, the directions of the scientific and technical policy of the modern transport industry of the Russian Federation to ensure the competitiveness of the state in the international arena, to improve its socio-economic growth and national security, relying on successful foreign experience, in particular, of the USA, Singapore, Japan, China, Germany. There have been identified the promising areas of the use of unmanned vehicles to improve the quality of people’s lifestyle, to develop entrepreneurship, new technologically advanced industries, and inaccessible territories with the aim to deliver minerals, to increase the investment attractiveness of our country and to strengthen its position in the international arena. The current paper has identified the factors hindering the widespread use of highly automated vehicles on public roads in Russia, and ways to overcome them. There has been analyzed the regime of the “regulatory sandbox” and attempts to legislatively consolidate it in Russia and abroad.

This work was financed by the RFBR under an agreement No. 19-29-06069\19.

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Oleg Al. Antonov. Detention of a person suspected in a transport crime

UDK: 343.9

Oleg Al. Antonov - Candidate of Law, associate professor of the department of Criminal Law, Criminal Procedure and Criminalistics of the Law Institute of the Russian University of Transport

Abstract. All modes of transport and objects of transport infrastructure are subject to disasters, accidents, incidents and other events that can happen there. Sometimes they are technogenic in nature, but more often they are the result of the so-called human factor. In addition, in the transport sphere there are also crimes of a general criminal nature. In most cases, perpetrators are identified and arrested. The current paper reveals the difference between criminal procedural detention and administrative detention and similar restrictive-compulsory actions. There have been considered in detail conditions and motives for the detention of a suspected criminal. There have been revealed the legal consequences of compiling a detention protocol and the significance of the interrogation of a suspect. The author insists on the promptness of the first interrogation of the suspect immediately after detention. It has been also proposed to abandon the practice of detaining a suspect in the investigator’s office after his preliminary interrogation as a witness.

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Vladimir E. Sudenko. Consideration of railway transport features in solving transport criminal cases

UDK: 343.1

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

Abstract. The current paper has considered the specific railway transport features, which should be taken into account when investigating and solving transport criminal cases. There has been given a description of the rules and regulations for railway transport, related to investigating and solving transport criminal cases. Particular attention has been paid to the concept of «special knowledge» in relation to railway transport. When investigating transport criminal cases committed on the mentioned mode of transport, it is necessary to take into account that the movement of railway transport is a single production process that incorporates relatively independent stages, namely boarding passengers and loading goods into passenger and freight trains; transportation of passengers and goods from one point to another; unloading of passengers and cargo at a destination point. Each of these elements has its own specific operations carried out during the preparation, organization and implementation of railway transportation. The objects of railway transport are complex engineering structures, and their use is initially qualified by law as a source of increased danger. In view of the foregoing, the current paper states that, in order to ensure the rights and legitimate interests of citizens and public interests protected by criminal law in the field of railway transport, it is necessary for the investigator, to have both legal knowledge and special knowledge in the field of human interaction with railway equipment in general, as well as knowledge of the operating rules of railway transport.

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Aleksandr S. Parshakov. Security on transport: features of the prevention of crimes committed by military personnel

UDK: 343

Aleksandr S. Parshakov - Candidate of Law, associate professor of the department of Criminal Law, Criminal Procedure and Criminalistics of the Law Institute of the Russian University of Transport , senior researcher of the research department of the Military University of the Ministry of Defence of Russia, honorary worker of the Prosecutor’s Office, retired colonel of justice

Abstract. The current paper has considered the features of the prevention of crimes committed by military personnel dealing with road and transport operation safety. The author has studied the main directions and specific measures to prevent the commitment of crimes by military personnel, based on the nature of the causes and conditions provoking their commission, as well as the consequences of their commission. The author has emphasized that these areas and measures are provided for by normative legal acts in the field of traffic security enforcement and crime prevention. One of the key roles belongs to the Road Safety Strategy in the Russian Federation for 2018-2024, which is aimed at eliminating and neutralizing the causes and conditions provoking the commission of road traffic accidents, including in the army and navy. Based on an analysis of departmental normative acts, the author has considered specific crime prevention measures, the implementation of which could ensure the driving and operational safety of military and special vehicles by military personnel. In addition to traditional measures to counteract criminal violation of the driving or operating of military and special vehicles, the author has proposed to increase the efficiency to detect latent offenses committed by military personnel and the victimological aspect in the transport sector.

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Vladimir Al. Zhavoronkov. Characteristics of road traffic accidents at railway crossings and measures to prevent them

UDK: 343.3/.7

Vladimir Al. Zhavoronkov - senior lecturer of the department of Criminal Law, Criminal Procedure and Criminalistics of the Law Institute of the Russian University of Transport, telec121.57@mail.ru

Abstract. The current paper has considered the issues characterizing the features of the mechanism of road traffic accidents (hereinafter - accidents) committed at railway crossings of various categories (equipped with a full range of automatic safety devices or equipped with several of its elements), and the reasons that cause them. There has been considered a final stage of the accident and the consequences of a train hitting the railway crossings or a motor vehicle stuck in railway tracks. In addition, the author has studied the features of the actions of traffic participants, in particular, the psychophysiological aspects of drivers’ behavior while waiting for the opening at the railway crossings and while crossing the railway tracks, as well as about their impact on the possibility of a hazardous traffic situation. Determining the causes of accidents at railway crossings, as well as factors affecting the possibility of their occurrence, the current paper has proposed some specific measures to prevent these accidents. The main idea is a differentiated approach to the solving of problems associated with traffic safety organizations at these facilities, including the elimination of railway crossings in regions with an extensive road network and high traffic density of vehicles and trains. The paper has also analyzed the opinions of some authors, set out in recent scientific sources, which have studied the problems of ensuring traffic safety at railway crossings and determined the main directions for its improvement.

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Andrey Ol. Ananenko. Improvement of legislation in the context of the technical evolution of unmanned transport means

UDK: 629.053

Andrey Ol. Ananenko - post-graduate of the Law Institute of the Russian University of Transport

Abstract. The current paper considers the domestic and foreign experience of legal regulation in the field of the use of unmanned transport means (UTM) from a theoretical and legal point of view. This is due to the large-scale introduction of UTM in the main areas of the transport industry, namely space, air, railway, water, land/road, etc. The Russian Federation lags behind other states in the development of legislation governing the use of UTM. The paper discusses ways to improve domestic legislation in this area.

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Mariya An. Matveeva. Ensuring constitutional guarantees for inviolability of individual private life in the present practice of providing consumer services (on the example of transport industry)

UDK: 342.7

Mariya An. Matveeva - Candidate of Law, associate professor of the department of Transport Law of the Law Institute of the Russian University of Transport

Abstract. The Constitution of the Russian Federation, among other guarantees of an individual and a citizen, establishes a right to inviolability of the person, his personal and family secrets (P. 1 of Article 23), and also contains a ban on the collection, storage, use and dissemination of the data about his private life without his consent (P. 1 of Article 24). In addition, the Constitution of the Russian Federation establishes that the recognition, observance and protection of the rights and freedoms of the person and the citizen is the duty of the state (Article 2), which can be implemented in ensuring their preventive protection by defining the legal grounds for the collection, storage, use and dissemination of the data about the private life of a person constituting his personal or family secrets, as well as in establishing measures of legal liability (clauses “c”, “o” in Article 71, paragraph “b” part 1 of Article 72,), including criminal legal sanctions for illegal actions that cause damage to individual rights specially protected by the Constitution of the Russian Federation. Analyzing the abovementioned norms of the Constitution of the Russian Federation, it can be stated that the inviolability of the data the private life of a person is a basic principle that should guide any person’s activities in civil document circulation. At the same time, the present technologies, the widespread use of the Internet and marketing such as targeting and personalized offers, make us consider these issues not from the point of view of legal formalism, but from the point of view of expediency and keeping a balance between the need to comply with the abovementioned constitutional guarantees and real benefits for the consumer. In the current paper, based on the analysis of existing commercial practices in the use of the data on the example of transport industry, the author has concluded that the balance between private interest in respect of inviolability guaranteed by the Constitution of the Russian Federation and commercial interest in the processing of personal data to improve quality service is quite achievable if the service enterprises comply with the constitutional principles and mechanisms established by the legislative and supervised bodies for their fulfillment.

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Ivan S. Tushko. Transport security on urban road transport: problems and their solutions

UDK: 629.362

Ivan S. Tushko - head of the Transport Security Department of the SUE "Passazhiravtotrans" (Saint-Petersburg)

Abstract. Transport security is of great importance in the transport system of Russia, with annually attracts more and more attention of the state and the transport community. The ongoing processes, including those with negative consequences such as human victims because of terrorist acts, make everyone realize the importance of measures to enforce security when traveling by transport. The current study deals with research of the current state of transport security enforcement and anti-terrorism protection of public urban road transport; identification of practical problems in the implementation of existing legislation, and analysis of the adequacy of the measures taken by the state and transport infrastructure entities. An important role in the study is played by the search for solutions to the identified practical problems that are of particular relevance while ensuring the stable and safe functioning of the transport complex.

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Maksim V. Trushin, Aleksandr Ig. Zemlin. Fundamental approaches and theoretical fundamentals of counteracting corruption in the organizations set up to fulfill the tasks assigned to the Government of the Russian Federation (on the example of JSC «Russian Railways»)

UDK: 342.5:656

Maksim V. Trushin - deputy head of the Center of Anti-Corruption Activities of JSCo "RZD"

Aleksandr Ig. Zemlin - Doctor of law, professor, head of the department of Transport Law of the Law Institute of the Russian University of Transport, honored scientist of the Russian Federation, supervisor of the direction of the Scientific-Advisory Section of the Center for Security Studies of the Russian Academy of Sciences (SAS CSS RAS)

Abstract. The railway complex is of particular strategic importance to Russia. It is a connecting link of the unified economic system, and it ensures stable operation of industrial enterprises, timely delivery of vital goods to the most remote areas of the country, and it is also the most affordable mode of transport for millions of citizens. The current paper has considered the approaches and fundamentals of counteracting corruption in the organizations set up to fulfill the tasks assigned to the Government of the Russian Federation. There have been shown a role and importance of the main directions of government policy in the field of counteracting corruption and the procedure for implementing measures aimed at identifying processes and systematizing the causes, conditions and circumstances of corruption. There has been identified an absence of a unified anti-corruption legislation and direct norms of action related to employees in the organizations set up to fulfill the tasks assigned to the Government of the Russian Federation. There has been determined a necessity for a unified approach to the implementation of the principles of preventing and counteracting corruption. In this regard, there has been substantiated a need to improve legislation in the field of prevention and counteraction to corruption.

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Oksana Iv. Mamina. Digitalization of state control (supervision) in the field of transport as a direction of modern reform of control and supervision activities

UDK: 656

Oksana Iv. Mamina - Candidate of Law, associate professor of the department of Administrative Law, Ecological Law, Information Law of the Law Institute of the Russian University of Transport

Abstract. As part of the reform of enforcement activities in Russia, the automation of this activity through the operation of relevant information resources has been considered as one of the urgent facets to improve the interaction of enforcement agencies and persons. The large-scale digitalization of enforcement activities in the field of transport, which already uses a risk-based approach, is aimed at reducing the costs of controlled objects, increasing the efficiency of information exchange, as well as the efficiency and transparency of state control (supervision). The current paper presents and explores the provisions of individual acts of government, the implementation of which is aimed at the gradual implementation of information-analytical systems and services in the enforcement activities of the Rostransnadzor and other federal executive bodies.

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