Статьи номера | Issue №36

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

All articles in PDF

Andrey V. Belavin, Lyubov An. Savina. Some features of applying the method of evidential information recording during the recovery and rescue activities when investigating crime scene on the railway transport

UDK: 343.346+343.132.1

Andrey V. Belavin - Candidate of Law, associate professor of the department of criminal law disciplines of the International Law Institute

Lyubov An. Savina - Candidate of Law, docent, associate professor of the department of criminal law disciplines of the International Law Institute

Abstract. The current paper has considered the issue of modern possibilities to apply the algorithm of the graphic method and photographing of the crime scene on the railway transport from the first minutes of the recovery and rescue measures.

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Yuriy Iv. Petrov. Private or government administration on the railways: Russia’s choice in the second half of the XIX-th century

UDK: 625.1(09)

Yuriy Iv. Petrov - Candidate of Historical Sciences, docent, associate professor of the department ‘Customs Law and Organization of the Customs Affairs’ of the Law Institute of the Russian University of Transport

Abstract. In Russia of the middle of the XIX-th century the active development of railway transport formed a firm conviction among the public and the government in the necessity to revise approaches to administration in the industry. The current paper has shown that the railway construction was actually funded by the government for many years, but at the same time, the administration of the entire railway business was practically uncontrolled by private entrepreneurs. The current paper has analyzed the steps aimed at finding a rational balance in the railway administration between individuals and the government in the second half of the XIX-th century. There has been presented a position of such prominent foreign representatives of the science of financial law as K. Rau, A. Wagner, P. Leroy-Beaulieu, who categorically spoke out for the ownership of the railways to the treasury, as well as the scientists and specialists of the railway business in Russia. A comparative analysis of approaches to the construction and government of railways in England, Belgium and France, as well as the accumulated, albeit small, experience in Russia made it possible to conclude that a wise policy in the railway business had to be recognized as one in which governemet administration was combined with the private, but due to necessity and usefulness at a given time.

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Olga N. Ordina. The transport regulation by public administration bodies in foreign countries: present experience for Russia

UDK: 342.92

Olga N. Ordina - Candidate of Law, associate professor of the department 'Economic Theory and Management' of the Russian University of Transport, associate professor of the department ‘Theory and History of State and Law’ of the Moscow S.U. Witte University

Abstract. The current paper has considered the issues of public administration of the transport in foreign countries, which is carried out by public administration bodies. The paper has analyzed the system of public administration bodies in the USA, Great Britain, Germany and France, which regulate transport activities. The analysis of foreign experience of public administration of transport is relevant for Russia due to the formation of an extensive system of public administration bodies in this country. The public administration has been considered by the author not only as an organization, but also as the activities of bodies and institutions which were established to implement laws and were endowed with administrative and public powers. Public administration in the countries is a complex mechanism consisting of a centralized public administration, a functional decentralized administration, and local government bodies. The main principles of organization and activity of public administration in foreign countries are as follows: centralization (when the system of administrative bodies has been built on a hierarchical principle) and decentralization (when part of the functions of public administration has been transferred to the local administration); concentration (when power has been concentrated in one body, and other management structures could not make decisions against its will) and deconcentration (when power has been dispersed among bodies in such a way that the executive body transfered part of the power, while retaining full responsibility); unity and indivisibility of public administration; legality; efficiency. The author of the paper has concluded that the experience of Western countries in public administration of transport activities is relevant for nowaday Russia.

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Marina S. Maksina. Legal aspects of information security and psychological safety of an individual on transport in a pandemic

UDK: 347.463:637.032

Marina S. Maksina - post graduate of the Law Institute of the Russian University of Transport

Abstract. The current paper has considered the problems of information-psychological protection of the individual in the conditions of preventing a spread of mass infectious diseases on transport. The paper has analyzed present approaches to the study of legal aspects of information security and psychological safety of an individual on transport. There has been emphasized that the current information technologies have a significant effect on the consciousness of people and their psyche. The introduction of immune, so-called ‘digital’ passports on transport has been considered as new challenges and threats in the context of a pandemic, which made the search for new ways to counteract information-psychological, destructive effects on an individual extremely relevant. Thus, in the process of widespread introduction of digital technologies on transport, the factor of information and psychological protection of an individual should be taken into account as one of the priorities. The solution of the organizational and legal problems to prevent a spread of mass infectious diseases on transport should be accompanied by establishing an effective mechanism in a difficult epidemiological situation to ensure safety of passengers and workers of the transport complex, including enforcement of information security. The introduction of health passports, immune passports, digital passports, a biometric face recognition system on various modes of transport, the use of technologies that help to observe the quarantine regime by citizens infected with coronavirus (e.g. geolocation control of mobile devices, tracking the movements of citizens using video cameras at transport infrastructure facilities, etc.) have predetermined even greater relevance of issues of legal support of information security and psychological safety of an individual.

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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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