Статьи номера | Issue №36

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

All articles in PDF


Mariya S. Shuvaeva. The issues of preliminary investigation of crashes and accidents on railway transport

UDK: 343.132:628.5:656.2(075.8)


Mariya S. Shuvaeva - Candidate of Law, senior lecturer of the department of criminalistics of the Moscow University of the Ministry of Internal Affairs of the Russian Federation named after V.Y. Kikot


Abstract. Crashes and accidents occurring on railway transport are usually very public crimes. They instantly become public, actively discussed in the media. Therefore, they refer to the events that require urgent intervention not only by law enforcement agencies, but also by government authorities in order to find out the reasons, identify and punish responsible people and take measures to prevent such incidents in the future. The current paper has considered the concerns of investigation of crashes and accidents on railway transport at the initial stage of their investigation.

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Vladimir Eg. Sudenko. Specialist of criminal proceedings for transport crimes

UDK: 343.346


Vladimir Eg. 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 (MIIT), honorary worker of higher education of the Russian Federation


Abstract. The current paper has considered the problems that arise when using the knowledge and skills of a specialist in the process of investigating crimes in general and transport crimes in particular. The importance of using the knowledge of a specialist in the investigation of crimes committed at transport infrastructure facilities has been determined by the high complexity of the transport structure of the national economy, quite a few specific features of the functioning of various sectors of transport, including rail, air, sea, waterways and underground. Investigations of transport crimes and other offenses on road transport are no less difficult. All this has determined the particular importance and the extreme necessity to use special knowledge of a very different nature related to the indicated modes of transport. For example, on railway transport they are the spheres of energy supply, electrical circuits, signaling and communications, locomotive and carriage facilities, track facilities, including turnouts and dead ends, bridges and tunnels, station structures, passenger platforms and many others. These features have determined not only the importance to apply special knowledge, but also their particular importance to establish the objective truth in the committed transport crime.

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Anatoliy An. Primachenok, Aleksey V. Kovalchuk. Limits of responsibility for coercion, compulsion and incitement to violate traffic rules or vehicle operation, which inadvertently entailed serious consequences

UDK: 343.7


Anatoliy An. Primachenok - Candidate of Law, docent, professor of the department ‘Criminal Law and Criminology’ of the educational institution of the Academy of the Interior Ministry of the Republic of Belarus

Aleksey V. Kovalchuk - Candidate of Law, docent, associate professor of the department ‘Criminal Law and Criminology’ of the educational institution of the Academy of the Interior Ministry of the Republic of Belarus


Abstract. The current paper has analyzed the problem of applying the norms on criminal liability for coercion, compulsion or incitement of a driver to violate traffic rules or vehicle operation, which inadvertently entailed serious consequences. There has been argumented a necessity to introduce criminal liability for these acts as an independent norm of the Criminal Code of the Russian Federation.

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Valeriy L. Popov. Transport examination: problems of theory and practice

UDK: 343.148.6


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. Judicial practice shows that the successful investigation of most criminal cases today is impossible without the use of forensic examination, which, due to nowaday advances in scientific and technical means and methods, is the most effective way to apply special knowledge that has evidentiary value in criminal proceedings. There are crimes where it is impossible to do without forensic examination. This kind of criminal cases include crimes that violate traffic safety and the operation of transport, provided for in Ch. 27 of the Criminal Code of the Russian Federation. At the same time, with the modern development of forensic examination in the governmental forensic institutions there were no and there are still no forensic specialists to support the investigation of railway, air, maritime and water transport. At the same time, such examinations are carried out on a paid basis by non-governmental non-profit forensic organizations, without appropriate forensic t qualifications and without clearly established methods and methods of their production. As a result, there is no objectivity, completeness and reliability of the conducted examination, since it conflicts with the theoretical and methodological foundations of forensic examination. To understand this, there have been studied the reasons for the existing forensic practice in the transport block and there have been proposed the measures within the framework of the Law Institute of the Russian University of Transport that can and should move the solution to this problem in a positive direction.

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Igor V. Kiselevich. The features of inspection and fixation of vehicle damages when using the Europrotocol

UDK: 343.98 (347.948.2)


Igor V. Kiselevich - 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. There are many road accidents on the roads of this country. Acccording to the effects on vehicles and people, they can be both of minor and major effect. And in all cases, it is necessary to inspect and fix damage to cars in order to study them. The analysis of civil cases on road traffic accidents shows that many drivers, in order to save time, negotiate with each other without calling the traffic police officers, then draw up the so-called "Europrotocol" and send it to their insurance companies to pay compensation or restore cars in specialized auto repair shops. The current paper has considered the features of inspection and fixation of damage to vehicles by car owners without calling the traffic police to the scene, and also analyzed Art. 11.1 of the Federal Law "On Compulsory Insurance of Civil Liability of Vehicle Owners".

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Vladimir Al. Zhavoronkov. On the preventive measures of the crimes associated with illegal modification of an identification numbers of vehicles

UDK: 343.3/.7


Vladimir Al. Zhavoronkov - senior lecturer of the department ‘Criminal law, Criminal Procedure and Criminalistics’ of the Law Institute of the Russian University of Transport


Abstract. The current paper has analyzed the features of the unlawful act envisaged by Art. 326 of the Criminal Code of the Russian Federation (falsification or destruction of the vehicle identification number), considered as one of the links in a criminal scheme related to unlawful seizure of a vehicle for the purpose of its theft and subsequent resale. There have been considered some legal problems that arise during the registration of vehicles with modified identification numbers. In conclusion, the author has proposed specific measures for applying identification numbers to new vehicles at manufacturing plants, which would reduce the number of such crimes. Also, there have been identified other possibilities for eliminating the causes and conditions for the crimes associated with illegal modification of an identification numbers of vehicles.

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Elena An. Drozdova, Oksana V. Kochkina. British Transport Police

UDK: 351.81


Elena An. Drozdova - Candidate of Law, associate professor of the department ‘Criminal Law, Criminal Procedure and Criminalistics’ of the Law Institute of the Russian University of Transport

Oksana V. Kochkina - researcher of the department of psychological support of professional activities of employees of the penitentiary system of the Center for research on problems of execution of criminal sentences and psychological support of professional activities of employees of the penitentiary system of the Research Institute of the Federal Penitentiary Service of Russia


Abstract. The current paper has analyzed the historical periods of the British Transport Police formation. The attention has been focused on the peculiarities of the formation of police management bodies, as well as on some issues of legal regulation of the British police activities. There have been analyzed the reasons and conditions that prompted the establishment of this body, as well as some regulatory legal framework governing the British Transport Police activities. For the Russian Federation, the presented experience is of great use, since the field of transport security enforcement is a complex and multifaceted area that requires additional study using effective, long-term experience, which has been obtained by foreign countries.

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Viktor V. Gorovoy, Vladislav V. Gorovoy. Some trends in security enforcement of the Russian transport complex

UDK: 347.822:351.814


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

Vladislav V. Gorovoy - senior researcher of the Research Center-2 of PKU Research Institute of the Federal Penitentiary Service of Russia


Abstract. On the basis of statistical data and scientific sources the current paper has considered the possible internal threats to the transport complex of the Russian Federation and its infrastructure. Taking into account the practical value because of certain restrictions in the specialized legislation, it is necessary to focus on optimization of the approaches to the implementation of transport security requirements. In particular, there has been substantiated the necessity to use the latest means and methods of inspection activities. The obtained data will allow identifying the priority areas of law enforcement activities in the field of transport security.

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Mikhail V. Bobovkin, Vitaliy An. Ruchkin, Olga Al. Didenko. Transport documents are the objects of forensic handwriting analysis

UDK: 343


Mikhail V. Bobovkin - Doctor of Law, professor, professor of the department ‘Criminal Law, Criminal Procedure and Criminalistics’ of the Law Institute of the Russian University of Transport

Vitaliy An. Ruchkin - Doctor of Law, professor, professor of the department of fundamentals of forensics of the Educational-Research Complex of forensics of the Volgograd Academy of the Ministry of the Interior of the Russian Federation, honored scientist of the Russian Federation

Olga Al. Didenko - 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


Abstract. The current paper has considered the urgent issues of forensic handwriting analysis of transport documents. According to the study of general scientific and forensic data, the authors have formulated their own views on the system of transport documents, the possibility of their identification and diagnostic research to solve problems of forensic handwriting analysis. There has been expressed an opinion about the evidentiary and guiding value of forensic handwriting analysis of transport documents. There have been considered the use of its results in law enforcement.

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Mikhail V. Belyaev. On the issue of the diagnostic vehicle trace expertise in the insurance cases

UDK: 343.98.065


Mikhail V. Belyaev - Candidate of Law, associate professor of the department of weapons science and traceology of the Moscow University of the Ministry of Internal Affairs of the Russian Federation named after V.Y. Kikot


Abstract. The current paper has considered the possibilities of the diagnostic vehicle trace expertise when solving the problems related to contact interaction of vehicles (road accidents). There have been considered the methodological aspects of the solved problems, one of which is the method of the road accident modeling. As an example, there have been presented the capabilities of the scale-up road accident modeling and damage matching in detail. This method has proven itself in the insurance cases.

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