Статьи номера | Issue №33

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

All articles in PDF


Olga R. Afanasieva. Administrative and legal regulation of transport security

UDK: 342.95


Olga R. Afanasieva - Doctor 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, afanasevaor@yandex.ru


Abstract. Transport security is a relatively new administrative and legal institution, the emergence of which is associated with the adoption of the Government regulation, defining the issues of Russian Ministry of Transport. Despite the fact that this legal category is not only legally identified, but also defined in the current Federal Law of February 9, 2007 No. 16-ФЗ "On Transport Security", the discussions in the scientific literature are going on: its legal definition, the possibility of use in the science and law enforcement activity as the synonym for such categories as "safety at transport facilities", "safety at transport", "safety of transport infrastructure", which, despite their similarities, are often used in their own content different from "transport security"; the main structural elements of "transport security"; its relationship with other types of security, etc. The current paper substantiates the allocation of transport security as one of the types of national security; determines a means to achieve socio-economic and foreign policy goals of our country; considers its essence and content as one of the subjects of administrative regulation. As a component of legal measures, the author has presented a set of administrative and legal measures intended for the legal regulation of public relations arising at the objects of transport infrastructure and means of railway, air, sea, river and other modes of transportation to counteract unlawful interference in the activities of transport infrastructure as well as the elimination of their consequences. The current paper reveals the difficulties arising in connection with the implementation of administrative measures, provides a system of regulatory legal acts, through the implementation of which modern administrative and legal support for transport security in Russia can be carried out.

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Larisa L. Polionskaya, Aleksandr Ig. Zemlin. Urgent issues of preventing and resolving conflicts of interest in the organizations established to fulfill the tasks assigned to the Government of the Russian Federation (on the example of JSC «Russian Railways»)

UDK: 35.083


Larisa L. Polionskaya - head of the Coordination and Legal Support department 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. Based on the application of systematic legal and formal-dogmatic approaches, the current paper has analyzed Russian anti-corruption legislation, considered the papers of representatives of scientific schools, and studied law enforcement practice relevant to the subject of the study. There has been concluded that the attention paid in the National Anti-Corruption Plan for 2018–2020 to the application of legal mechanisms to prevent and resolve conflicts of interest was well-founded, since the task has been now set to find new methods of preventing and resolving conflicts of interest not only in public service, but also in organizations established to fulfill the tasks assigned to the Government of the Russian Federation. There has been considered the experience of JSC «Russian Railways» in taking systemic measures, developing and applying methodological recommendations. The obtained result can contribute to the distribution of the Russian Railways’ experience, which can have a positive effect in improving Russian anti-corruption legislation.

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Yaroslav K. Fedosov. The features of the application of the territorial and extraterritorial effect of the statutes in the cross-border movement of energy resources by pipelines

UDK: 341.932.3


Yaroslav K. Fedosov - Candidate of Law, deputy director on Science of the FSBSI Center for Security Studies of the Russian Academy of Sciences


Abstract. Transportation of energy resources in the current economic and political context is one of the main concerns of the largest summits and conferences with the participation of top officials from developed and developing countries. Currently there are going on political and economic processes around a number of countries, e.g. Iran, Iraq and Syria which are rich in oil and gas resources and in future can create favorable conditions for large-scale entry of new cross-border energy companies to the world oil and gas markets. In combination with persistent attempts to increase production shale oil, this situation can form more and more expectations of an excess of offers and a possible further fall in oil prices. These and other factors compel leading exporting countries to revise their plans for the development of cross-border pipeline transport (crossing one or more borders) due to the need to search new markets and optimize the costs of cross-border transportation. Despite the fact that in the modern world there is a large number of national and supranational acts regulating social relations related to the extraction, processing, transportation, and consumption of energy resources, a significant number of them are devoted to energy security, trade liberalization, and conditions for access to foreign markets at the international level, consolidation of a uniform approach to resolving possible conflict issues in legal relations complicated by a foreign element connected with transboundary movement of energy resources by pipeline.

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