Статьи номера | Issue №36

Articles of the journal issue №4 (36) (4th quarter of 2020)

All articles in PDF

Tatiyana Al. Maksimova. Navigation and information systems as one of the ways to control the passenger traffic

UDK: 681.518.54

Tatiyana Al. Maksimova - post graduate of the Russian University of Transport (MIIT), head of the department of judicial-contractual work of the Legal and Personnel Support Department of the Ministry of Transport and Road Infrastructure of the Moscow Region

Abstract. The current paper has presented a brief information on the development of the navigation system, regulatory legal acts governing navigation activities. There has been described the Regional Navigation and Information System of the Moscow Region, the purpose of its establishment, tasks, and the ability to use it to control the passenger traffic. There have been given the suggestions for improving the system and making changes to the regulations of the Russian Federation.

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Dmitriy V. Gribanov, Kseniya Ev. Kovalenko, Nataliya Ev. Kovalenko, Dariya Al. Statsenko. The issues of legal regulation of relations in the field of digitalization (novels, state, risks)

UDK: 340.11

Dmitriy V. Gribanov - Doctor of Law, associate professor of the department “Theory and History of State and Law” of the Ural State Law University (Ekaterinburg)

Kseniya Ev. Kovalenko - Candidate of Law, associate professor of the Law Institute of the Altay State University (Barnaul)

Nataliya Ev. Kovalenko - Master’s Degree student of the Law Institute of the Altay State University (Barnaul)

Dariya Al. Statsenko - Master’s Degree student of the Law Institute of the Altay State University (Barnaul)

Abstract. COVID-19 has given rise to a sharp increase in the number of government and intergovernmental legal acts, strategies, programs with different content and scope of regulation of public relations. Most countries have locked their borders, including restricting movement within their own countries. One third of the world's population has been subjected to some kind of social restrictions (from the closure of educational institutions to self-isolation). These political decisions exist at all levels of government. In the period of the coronavirus pandemic, when most of the relations have moved into the sphere of digitalization, during the period of self-isolation, the question of the introduction of information technologies has become relevant. The current paper has emphasized the importance of the digitalization for individuals and society, considered some of the changes taking place in public life related to digitalization. There has been given a concept of the sphere of digitalization; there have been considered the arguments on the introduction of robots into the sphere of jurisprudence, options for legal regulation of the status of machines with artificial intelligence, as well as the spread of unmanned vehicles. There have been analyzed the prospects and problems of introducing information technologies into the sphere of private law relations. It has been noted that in the context of digitalization of civil law relations, it is necessary to pay special attention to the protection of personal data. There have been made the conclusions that digitalization has a constant tendency to increase, therefore the issue of the law-making policy of the state in the field of information technologies is still relevant. Despite the identified problems, the problem of the legal status of artificial intelligence remains unsolved, that can be proved by the current changes of Russian legislation.

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Anna Al. Chebotareva, Vladimir Ev. Chebotarev. The role of present methods of interpreting scientometric indicators in the methodology of international university rankings: competitiveness in the field of transport science and technologies

UDK: 347.463.4

Anna Al. Chebotareva - Doctor of Law, docent, head of the department ‘Administrative Law, Ecological Law, Information Law’ of the Law Institute of the Russian University of Transport

Vladimir Ev. Chebotarev - Candidate of Economic Sciences, docent, associate professor of the department ‘Administrative Law, Ecological Law, Information Law’ of the Law Institute of the Russian University of Transport

Abstract. The current paper has considered the problem of universities to be ranked internationally, taking into account the tools for assessing international recognition. There have been used such general scientific methods as dialectical method, methods of formal logic. Having analyzed the correlation between objective measures of international recognition of universities and other components of the university's involvement in the international academic community, the authors have formulated the main directions of the development of the publication activity of researchers of the Law Institute of the Russian University of Transport, focused on the general (institutional) and disciplinary (special) "Shanghai" ranking of the world universities, i.e. Academic Ranking of World Universities (ARWU), an international ranking of the "first echelon". At the same time, in the general target focused on the general consolidated measure of the international consistency of the university, the authors have identified possible directions for the development of objective indicators of international recognition of the university in the field of transport science and technologies.

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Larisa L. Polionskaya. Urgent issues of preventing and resolving conflicts of interest in the organizations set up to fulfill the tasks assigned to the Government of the Russian Federation and organizations in general

UDK: 342.5:656

Larisa L. Polionskaya - head of the Coordination and Legal Support department of the Center of Anti-Corruption Activities of JSCo “RZD”

Abstract. Based on the application of the methods of systemic legal and formal dogmatic approaches, the current paper has analyzed the Russian anti-corruption legislation, critically evaluated the conclusions made in the works of representatives of various scientific schools, law enforcement practice correlated with the subject of the study, improvement of the legal anti-corruption mechanisms. Using the tools of legal research, the author of the paper has analyzed the sufficiency and efficiency of a set of anti-corruption measures, traditional for the anti-corruption practice of Russian business, including measures aimed at preventing and resolving conflicts of interest, which all organizations, regardless of their organizational and legal form, industry affiliation, starting with 2013, were obliged to develop and accept. There has been considered in particular detail the experience of JSCo "RZD" in taking systemic measures in this area; there has been analyzed their efficiency and applicability for the implementation of state anti-corruption policy in state corporations, organizations established to fulfill the tasks assigned to the Government of the Russian Federation, public societies and organizations with state participation. The result obtained during the study has provided an opportunity to broadcast the positive experience of Russian Railways, which, in turn, could contribute to solving the main tasks set by the National Anti-Corruption Plan for 2019-2020, resolving problematic issues of improving the present Russian anti-corruption legislation.

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Maksim V. Trushin. Implementation of the government anti-corruption policy at all levels of corporate governance of the joint stock company “Russian Railways” (JSCo “RZD”): experience and problems

UDK: 629.039.58

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

Abstract. The current paper has considered the directions of the government anti-corruption policy in organizations established to exercise the powers of federal executive bodies on the example of JSCo “RZD”, using the method of formal legal analysis of regulatory legal acts and local acts of JSCo “RZD”; there have been analyzed the issues of legal regulation and organizational support to the implementation of the main directions of anti-corruption activities at all levels of corporate governance. Based on the results of a critical reflection on the working experience of the bodies and officials in the prevention of corruption and other offenses, there have been proposed the most promising directions to solve the existing problems. The formulated proposals, if implemented in the process of organizing and carrying out anti-corruption activities at JSCo “RZD”, can play a positive role in improving the anti-corruption system in the field of corporate governance.

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Aleksandr Ig. Zemlin. On some aspects of implementation of the state policy of anti-corruption on transport

UDK: 629.039.58

Aleksandr Ig. Zemlin - Doctor of Law, professor, head of the department ‘Transport Law’ of the Law Institute of the Russian University of Transport, honored scientist of the Russian Federation

Abstract. The current paper has presented some results of a legal analysis of the provisions of the National Anti-Corruption Plan for 2018-2020, the results of their implementation in comparison with problematic issues that have not been solved. The subjects of scientific research, carried out by formal dogmatic method, have been the norms of the current anti-corruption legislation. Based on the use of the methodology of political and legal analysis, the authors have investigated the legal relations arising in connection with the implementation of anti-corruption tasks in the Russian Federation. The use of tools characteristic for the systemic legal approach to the study of the anti-corruption theory and practice in modern Russian society made it possible to analyze the experience of anti-corruption education and enlightenment, formulate conclusions on certain promising anti-corruption areas in organizations with state participation, identify some ineffective anti-corruption forms, gaps and contradictions of anti-corruption legislation. On this basis, there have been substantiated proposals for further optimization of the system of measures aimed at improving the efficiency of educational activities carried out in order to form and improve anti-corruption competencies among civil servants of transport management bodies, officials and employees of transport organizations, and the development of public anti-corruption legal awareness.

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Oleg Al. Ostrovskiy, Yuriy P. Garmaev. Criminal justice measures to cybercrime according to the common law model through the investigator’s professional competence and his skills of the intellectual analysis of forensic digital information

UDK: 343,98

Oleg Al. Ostrovskiy - post graduate of the department ‘Criminal Law and Customs Affairs’ of the law faculty of the Novosibirsk State Agrarian University

Yuriy P. Garmaev - Doctor of Law, professor of the department ‘Criminal Law and Customs Affairs’ of the law faculty of the Novosibirsk State Agrarian University

Abstract. The current paper has analyzed criminal justice measures to cybercrime according to the model of common law and security. There has been discussed the ability of the subjects of criminal justice to fulfill their main function. Investigation of cybercrimes is complicated by the confluence of factors that influence the criminal justice process. There is a common problem among law enforcement agencies around the world, which is associated with delays in the processing of digital devices, the complexity of processing large amounts of data, their security and the professional competence discrepancy of law enforcement officers in working with digital media. The relevance of studying the problem of cybercrimes can be substantiated by the necessity to implement new principles of criminal law policy.

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Aleksandr P. Ovechkin. On some issues of anti-terrorism measures on transport

UDK: 343.326:656

Aleksandr P. Ovechkin - Doctor of Philosophical Sciences, professor, professor of the department ‘Administrative Law, Ecological Law, Information Law’ of the Law Institute of the Russian University of Transport

Abstract. One of the most serious international problems is anti-terrorism, which is faced by all countries of the world, including this country. Transport and its infrastructure have become one of the most frequent and vulnerable targets of terrorist attacks. Let us recall September 11 attacks in the USA, numerous hit-and-runs in crowded places, attempts to blow up aircraft at London airport, explosions in Paris and Madrid metro, etc. The explosions in Moscow metro, blowing up the train from Moscow to St. Petersburg, the terrorist attacks in Volgograd, etc. became very public in our country. Anti-terrorism is a complicated task. The current paper has made an attempt to consider some of the legal aspects of protecting transport from terrorist attacks.

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Olga V. Novikova. Prevention of air transport offenses

UDK: 343.346.53.02

Olga V. Novikova - Prevention of air transport offenses

Abstract. Inappropriate behavior of passengers on board has become a large-scale problem recently, that resulted in introducing changes not only in the norms of Russian air law, but also in the norms of criminal law. The current paper has considered proposals for the suppression of “air rage”, analyzed measures to prevent such cases in Russia, and also discussed tougher punishment for such passengers. Then, there have been considered the problems of inappropriate behavior of passengers on board. The rules of conduct in air transport are not complicated, but their incompliance results in negative consequences. Violation of the rules of conduct on board is a serious offense, since the crew does not have the opportunity to drop off a rowdy (as can be done on a train or bus). Air rage passengers are the passengers who do not obey the orders of the aircraft commander, create a threat to the safety of other passengers and the aircraft, and commit ruffian actions. Therefore, it is necessary to carefully study the rules of conduct on the plane and strictly adhere to them. As a rule, criminal punishment for air rage in Russia is mostly regarded as an administrative offense. In this regard, the current paper has proposed tougher measures of responsibility for air rage, as well as additional measures aimed at preventing cases of air rage.

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Pavel B. Afanasiev. Persons who commit corruption crimes on transport: criminological aspect

UDK: 343.97

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. Corruption committed in the transport sector and recognized as part of corruption crime in the Russian Federation has specific characteristics that predetermine the necessity for its independent criminological study. The criminological characteristics of corruption at transport facilities involves the study of quantitative and qualitative indices that give an idea of both the crimes committed and the persons who commit them. The available scientific research was mainly devoted to estimation of the state of corruption in transport. In order to comprehensively estimate the criminogenic situation in the analyzed area and due to the existence of a corelation between the parameters of crime and persons responsible for committing crimes, the current paper has also presented an up-to-date brief analysis of corruption on transport, determining its share in the structure of all corruption cases registered in the Russian Federation, dynamics in the period from 2015 to 2019, as well as territorial distribution by federal districts of the Russian Federation. Presenting the quantitative and qualitative indices characterizing the parameters of the detection of persons guilty in corruption at transport facilities, the authors have compared and characterized the trends in registered corruption and the detection of perpetrators in the period from 2015 to 2019. There have been also presented the dynamics of the number of persons identified for committing corruption crimes at transport facilities in the analyzed period. There have been analyzed statistical data on the structure of corruption criminality in order to identify index corruption crimes, and also classified executives who committed corruption crimes at transport facilities, according to the bodies and organizations in which they held relevant positions at the time of the crime.

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