Статьи номера | Issue №35

Articles of the journal issue №3 (35) (3rd quarter of 2020)

All articles in PDF

Mariya An. Bazhina, Elena P. Shchekochikhina. Legal regulation of direct multimodal freights in the Russian Federation

UDK: 347.463

Mariya An. Bazhina - Candidate of Law, associate professor of the department ‘Business Law’ of the Ural State Law University

Elena P. Shchekochikhina - Candidate of Law, associate professor of the department ‘Business Law’ of the Ural State Law University

Abstract. The authors of the current paper have studied the problematic issues of legal regulation of direct multimodal freights in the Russian Federation. First of all, the authors have analyzed the conceptual apparatus used at the national and international levels, tried to establish the relationship between these concepts. Within the framework of this issue, there has been concluded that it is necessary to amend the current Russian legislation in order to overcome the contradictions in the national legal regulation to unify it with international legislation. In addition, the current paper has presented the thorough analysis of the content of draft laws made over the past years in relation to the legal regulation of multimodal freights in Russia. On the basis of a systematic analysis, there have been identified the main features of such transportation as 1) participation in transportation by two or more modes of transport; 2) transportation under a single document drawn up for the entire route; 3) presence of a multimodal transport operator; 4) presence of the cargo transfer using transshipment or with the movement as a "single transport unit". Each of these features has been considered in detail. Particular attention has been paid to the issue of using a single transport document in the framework of multimodal freight. As a conclusion, there has been proposed to clearly regulate the content of a single transport document at the legal level, to establish its relationship with the bill of lading (BL), and also assign it the role of a security, which will facilitate the transportation process. The presence of a multimodal transport operator has also been considered in detail. His status is not defined in national legislation. In addition, the introduction of the person will require establishing a legal relationship with other participants in the transport process.

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Vitaliy V. Tarasenko. On the depenalization of intoxication as a qualifying element of the corpus delicti designated by Article 264 of the Criminal Code of the Russian Federation

UDK: 343.1

Vitaliy V. Tarasenko - Candidate of Law, lecturer of the department ‘Criminal Law’ of the Law faculty of the Voronezh State University

Abstract. According to the Constitutional Court of the Russian Federation, the Constitution of the Russian Federation, proclaiming Russia a democratic law-governed country, where a person with his rights and freedoms is of the highest value. The Constitution’s duties are to recognize, observe and protect the rights and freedoms of a citizen; it guarantees everyone judicial protection of rights and freedoms; it ensures its justice on the basis of equality before the law and the court. Therefore, special requirements are imposed on the quality of laws that mediate the relationship of citizens with public authorities, in particular, those laws that establish measures of legal responsibility for offenses. In cases when the measures of public legal responsibility envisaged by law don’t correspond to social realities, resulting in excessive use of state coercion, the federal legislator must ensure their harmonization with the new social realities according to constitutional principles of equality, justice and humanism. In this aspect, according to the author of the current paper, there is currently a problem of depenalization of intoxication as a qualifying element of the corpus delicti of traffic rule violation and transport exploitation (p. 2, 4, 6 of Art. 264 of the Criminal Code of RF). The current paper has examined the law-making aspect of depenalization from the standpoint of legal-criminology, socio-economy and socio-psychology. On the basis of a critical analysis of the systematic tightening of criminal liability for criminal violations of traffic safety requirements and transport exploitation committed by a person in a state of intoxication, a study of statistical data and judicial practice on this category of crimes, the author of the paper has formulated conclusions and proposals to improve the relevant provisions of the criminal law in terms of the depenalization of intoxication as a qualifying element of the corpus delicti designated by Article 264 of the Criminal Code of the Russian Federation.

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Vladimir E. Sudenko, Aminat M. Dalgatova, Aiganym G. Kurasheva. On the specialists who consult in criminal cases of transport crimes

UDK: 343.346

NamVladimir E. Sudenko - Candidate of Law, docent, associate professor of the department ‘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

Aminat M. Dalgatova - post graduate student of the department ‘Criminal Law, Criminal Procedure and Criminalistics’ of the Law Institute of the Russian University of Transport

Aiganym G. Kurasheva - post graduate student of the department ‘Criminal Law, Criminal Procedure and Criminalistics’ of the Law Institute of the Russian University of Transport

Abstract. The current paper has considered the features of the application of special knowledge in the field of transport security, necessary to investigate and solve transport crimes. Special attention has been paid to the distinction between an expert and a specialist, which can be carried out by the nature of the activities carried out by them. The specialist is involved in the investigation when his knowledge and practical experience can help the investigator to find, record and take some evidence in a criminal case. As for the expert, he participates in the process of carrying out the appointed examination, and gives answers to the questions of the investigator, on which he prepares his conclusion. In addition, the reasons for the activity of a specialist in the detection and seizure of evidence are the investigator’s instructions, and it is done under his control, which results in conclusions arising from the facts established by him. At the same time, the conclusions drawn on the basis of the expert's knowledge have the character of a consultation, which makes them different from the conclusions prepared by the expert. This quality allows specialists not only to participate in criminal proceedings within the framework of the criminal procedure law, but also to use it effectively. At the stage of preliminary investigation, the need to use special knowledge may manifest itself either in the form of consulting or in the form of direct participation in investigative actions, which confirms the exclusion of consulting from the list of investigative actions. In practice, consulting is manifested in the use of special knowledge of a specialist who has a narrowly focused nature of those specific knowledge in which the investigator does not have the proper competence, to clarify certain issues of the investigation.

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Valeriy L. Popov. Problems and prospects of using neural network technologies in the forensic trials on transport

UDK: 343.148.63

Valeriy L. Popov - senior lecturer of the department ‘Criminal Law, Criminal Procedure and Criminalistics’ of the Law Institute of the Russian University of Transport

Abstract. Current enforcement of transport security cannot do without the use of artificial intelligence based on neural network technologies. In 2019 the Decree of the President of the Russian Federation approved the National Strategy for the Development of Artificial Intelligence for the period up to 2030, according to which this becomes a priority direction of the state policy of Russia for the next 20 years. For these purposes, in April 2020 in Moscow, there has been established a special legal regime for five years, which allowed the use of personal biometric data of a person without his consent, which made it possible to launch a smart video surveillance system to identify a face in the Moscow Metro, implemented by VisionLabs, which identified each person entering and exiting the metro by his/her appearance, and using the FacePay service one could make and pay for travel only by a face image. At the same time, biometric identification and human authentication, made by artificial intelligence, directly coincide with the tasks of forensics. Based on this, the methods for achieving goals in neural networks and forensics were compared and analyzed from the point of view of scientific validity and reliability of the obtained results. The current paper has analyzed the possibilities of using neural networks in the forensic trials on transport.

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Igor V. Kisilevich. Identification of a fraudulence when establishing contact interaction of vehicles

UDK: 343.98 (347.948.2)

Igor V. Kisilevich - Candidate of Law, associate professor of the department ‘Criminal Law, Criminal Procedure and Criminalistics’ of the Law Institute of the Russian University of Transport

Abstract. The current paper has presented an algorithm for inspecting vehicles in road traffic accidents, and has also shown on practical examples how a transport and trace study of the contact interaction of vehicles could help to find the facts of dummy, false or fake road accidents. The purpose of the paper is to show the ability of the mechanism of contact interaction to identify the fact of a fraudulent accident.

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Lyudmila M. Gruzdeva. Digital characteristics of the condition and structure of transport crimes during the period of self-isolation

UDK: 343.9

Lyudmila M. Gruzdeva - Candidate of Technical Sciences, associate professor of the department ‘Informational technologies in jurisprudence and management documentation’ of the Law Institute of the Russian University of Transport , professor of the Russian Academy of Natural History (RANH)

Abstract. To assess the effect of the self-isolation regime on the criminality, the current paper has presented a statistical analysis of the characteristics of transport crimes in the Russian Federation in the second quarter of 2020. The conducted study has led to the conclusion that the restrictions on the movement of citizens around the country and the world contributed to a decrease in criminal activities and thereby reduced the number of registered crimes in transport. However, the qualitative structure of the crime map remained the same. In the pandemic situation, the activity of cybercriminals has increased, because of the transition of organizations to a telecommuting. In the current paper the author has considered the examples of successful attacks on the information resources of transport companies.

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Olga R. Afanasieva, Pavel B. Afanasiev. The state and dynamics of violent crimes committed on transport facilities

UDK: 343.97

Olga R. Afanasieva - Doctor of Law, docent, professor of the department ‘Criminal Law, Criminal Procedure and Criminalistics’ of the Law Institute of the Russian University of Transport

Pavel B. Afanasiev - senior lecturer of the department ‘Criminal Law, Criminal Procedure and Criminalistics’ of the Law Institute of the Russian University of Transport

Abstract. Crime committed on transport facilities is considered as an independent part of the crime of the Russian Federation, since it has special characteristics and development trends due to not only the characteristics of the encroachment objects and the persons committing them, but also the crime scenes, the problems of their investigation, the specifics of the preventive measures, structural features and activities of regional divisions of law enforcement agencies in transport, etc. The current paper has considered the characteristics of the state, dynamics and development trends of modern violent crime committed on transport facilities. For these purposes the objects of research were the index violent crimes (Articles 105-107, 111, 112, 115, 116, 119, 126, 127, 131 of the Criminal Code of the Russian Federation), which are undoubtedly classified by criminologists as violent and predetermining the dynamics of all violent crime committed on transport facilities. The time period of the study (from 2016 to 2019) has been predetermined not only by the required depth of retrospective analysis, but also by the quality of information support and changes in the structure of reports on the state of crime on transport facilities, which predetermine the comparability of statistical data. The authors of the paper have revealed the state of crime by analyzing the absolute indicators of the registered part of violent crime, determining the proportion of violent crime committed on transport facilities in the structure of transport crime in general, as well as violent crime registered in the Russian Federation for the period from 2016 to 2019. The paper has presented the dynamics of the number of persons identified for committing the analyzed type of crime, as well as the study results of the structure of violent crime on transport facilities and the geography of transport violent crime. In the conclusion, there have been presented the main modern trends in the change in violent crime on transport and the forecasts of its further development.

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Alla V. Pavlova. The analysis of the transport development in the countries of the Eurasian Economic Union

UDK: 656.02

Alla V. Pavlova - Candidate of Economic Sciences, associate professor of the department ‘Customs Law and Organization of the Customs Affairs’ of the Law Institute of the Russian University of Transport (MIIT)

Abstract. The setting up of a general transport area of the Eurasian Economic Union (EAEU) is currently one of the strategic guidelines. Due to it, the development of the transport sector in the EAEU member countries is of great importance. The current paper has presented the study of the state of transport development in the EAEU member countries throughout the whole period of the Union's functioning; there has been analyzed a transportation burden, a cargo turnover, passenger transportation and passenger traffic. The analysis has identified the trends and patterns in the development of the transport sector of the EAEU as a whole and that of each member countries. Based on the results of the analysis, there have been formulated the conclusions.

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Sergey L. Lobachev, Oleg An. Malygin. Overview of distance learning platforms for the Russia’s transport universities

UDK: 378.1

Sergey L. Lobachev - Doctor of Technical Sciences, professor, head of the department ‘Information Technologies in Jurisprudence and management documentation’ of the Law Institute of the Russian University of Transport (MIIT)

Oleg An. Malygin - senior lecturer of the department ‘Information Technologies in Jurisprudence and management documentation’ of the Law Institute of the Russian University of Transport (MIIT)

Abstract. The current paper has considered the particular relevance of the implementation and use of distance learning systems (hereinafter referred to as DLS) in the educational process of transport universities in Russia, since this sphere is characterized with the territorial distribution and remoteness of its specialists from educational centers. Under these conditions, the transport education system should provide an advanced training opportunity for employees of the industry not only throughout the Russian Federation, but also anywhere in the world. Therefore, there has been raised a question about the analysis of decisions taken by transport universities in terms of the implementation of various DLS. Such a review and subsequent analysis of the made decisions will allow developing recommendations for their mutual integration and the formation of interuniversity programs of transport education in the context of the digitalization of the industry. The analysis of 20 universities in the transport industry has shown, that the Moodle platform was a dominant one both in its pure form and in the form of DLS, where the software add-ons were added to the basic configuration, which allowed hiding its technological features and providing users with an intuitive interface formed for each category of users. There has been established that a number of DLS platforms, which often appear in the lists of the most popular when organizing corporate training, were not included in the list of DLS used by universities. The revealed division of the sectors of corporate and higher distance learning at the level of the used platforms can serve as an obstacle to the formation of an industry educational environment, since the integration of higher education with corporate training is one of the promising areas in the training of the 21st century specialists, but it can be compensated for by access to open source dominant platform Moodle.

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Nikolay Al. Dukhno. Philosophy of Transport Education

UDK: 656(082)

Nikolay Al. Dukhno - Doctor of Law, professor, Director of the Law Institute of the Russian University of Transport (MIIT), honorary worker of higher education of the Russian Federation

Abstract. The current paper has considered existing problems of the transport education being formed in new economic relations, when the circumstances that induce the development of new approaches to improving the quality of transport specialists’ training, become obvious. The current paper has presented the author's conclusions based on personal perception of the educational process in the system of domestic education. The general culture is being changed under the influence of education, but if the education process is not included in its process, the public enlightenment will not improve and the trained specialists will be unable to solve the tasks set by the Transport Strategy of the Russian Federation. Transport education will not be able to develop fruitfully without improvement of the general education, the state of which largely determines the level of culture and the preparedness of school leavers to continue their studies at universities. There have been proposed the ways and methods to establish specialized transport schools based on the experience of those that exist in this country. There has been proposed to improve the mechanisms of transport education financing to develop it efficiently.

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