Статьи номера | Issue №37

Articles of the journal issue №1 (37) (1st quarter of 2021)

All articles in PDF

Lyudmila M. Gruzdeva. Transport as a subject of critical information infrastructure

UDK: 656.078.12

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

Abstract. The current paper deals with the practical aspects of the implementation of regulatory legal acts of the Russian Federation in the field of enforcing security of subjects and objects of critical information infrastructure. The author of the paper has focused on the necessity to meet the requirements for categorizing transport infrastructure elements, i.e. the allocation of significant objects by companies in accordance with the values of the indicator of the social criterion of significance. The paper has identified the prospects for bringing those to administrative responsibility responsible for non-compliance with the requirements of the legislation, including for violation of the terms of categorization. There have been presented the estimated amounts of fines for officials and legal entities. In order to illustrate the application of Art. 274.1 of the Criminal Code of the Russian Federation, there has been provided statistics of registered crimes and cases sent to court with indictment.

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Aleksey V. Gubin. The development of promising models of road and maritime checkpoints across the state border

UDK: 339.9:347.463

Aleksey V. Gubin - 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

Abstract. The current paper has considered the concept of an intelligent checkpoint and its introduction in the form of developing promising models of checkpoints across the state border of the Russian Federation. There have been presented strategic directions and concepts in this area. The purpose of the paper was to analyze the results achieved in the development of promising models and identify further directions for their implementation both through the prism of the practice of the FCS of Russia and other state control bodies exercising control (supervision) at the customs checkpoints, and for conducting scientific research. It is obvious that the state of checkpoints is a constraining factor in the growth of foreign trade of goods. In this case, it is also necessary to take into account the development of the transit potential of the territory of the Russian Federation. There is no doubt that the promising models of checkpoints should incorporate all advanced customs and other technologies, e.g. the use of inspection systems and other modern technical means of customs control; devices for automatic video and photographic recording, including vehicle numbers; automated or automatic dispatching of the movement of vehicles across the checkpoint; use of electronic seals GLONASS. Such a large number of complex tools and technologies that will form large amounts of data, requires an effective control system, the core of which should be a unified database system. The fundamental point is the transition to a qualitatively new level of automation, based on “artificial intelligence”. In the future, unmanned vehicles must pass through checkpoints non-stop (in the absence of customs and other risks) with minimal human participation. There have been identified the future outlines of these models, since we are moving to a new stage in the development of international logistics in our country.

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Tatiyana Al. Maksimova. Termination of the Transportation Certificate along the regular transportation routes as a measure of the carriers’ liability (on the example of the Moscow region)

UDK: 656

Tatiyana Al. Maksimova - post graduate 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 difference between transportations carried out under state (municipal) contracts, at regulated tariffs and transportations carried out on the basis of certificates at an unregulated tariff. There have been considered in detail the reasons for the termination of the Certificate of passenger and baggage transportation and the consequences of such termination for carriers. There have been made the proposals for improving the legislation in order to control the activities of carriers.

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Maksim Ar. Maslennikov, Aleksandr Ig. Zemlin. Peculiarities of providing information when signing a commercial concession contract on the provision of transport services

UDK: 347.4:347.463

Maksim Ar. Maslennikov - assistant to the lawyer of the non-profit partnership "Consulting Center "Generation 8?", VINSER Group of Companies

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 the study of the most problematic aspects arising in the context of providing information when signing a commercial concession contract on the provision of transport services. Within the framework of this study, it was possible to formulate a number of conclusions that are essential both for a theoretical understanding of the issue and for the practice of law enforcement. In particular, on the basis of a formal dogmatic analysis of the current legislation, it was possible to come to the conclusion that information on logistics delivery schemes and the procedure for organizing transportation according to the Art. 1465 of the Civil Code of the Russian Federation is an object of exclusive rights in the form of know-how, since the carrier organization always strives to ensure its confidentiality in the context of restricting a third party’s access. Based on this conclusion, in the future, there was analyzed the positive contradiction regarding the need for the obligatory provision of know-how as part of the fulfillment of the rightholder’s obligation to provide the user with the necessary information. The result of the conducted system-legal analysis was a well-grounded original conclusion, according to which know-how is, first of all, an object of exclusive rights and cannot be understood as information that the carrier organization, which is its rightholder, is obliged to provide information to the user in accordance with Art. 1031 of the Civil Code of the Russian Federation. However, the identifiers with the help of which access to the information constituting the know-how is realized, will be subject to obligatory transfer. Along with the above, the paper has made a conclusion that there is no need to determine the conditions for using the information provided by the carrier organization in the field of logistics and the procedure for organizing activities in the commercial concession contract, since the know-how has a special confidentiality regime. The conclusions in the current paper, according to the authors, can serve as a basis for improving the law enforcement system for economic activities in transport using a commercial concession contract.

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Aleksandr Ig. Zemlin, Anton Al. Torshin. Characterization of unmanned cars in the context of tort obligations

UDK: 347.4:623.746.4

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

Anton Al. Torshin - post graduate of the department ‘Civil law, International private law and Civil procedure’ of the Law Institute of the Russian University of Transport

Abstract. The authors of the current paper have analyzed the features of unmanned vehicles as a means of damage in the context of tort obligations. The rapid improvement in unmanned technology has posed a number of legal challenges for Russian tort law. Meanwhile, in the domestic doctrine, this topic has not been given much attention. The lack of developed theoretical approaches to taking into account the features of unmanned vehicles does not contribute to the legal certainty, which is necessary for the full development of the industry in Russia. In the paper, there has been introduced criteria for distinguishing unmanned vehicles from cars with a lower level of automation, and have also established the differences between unmanned vehicles that are important in the context of civil tort liability. As a criterion for distinguishing unmanned cars into an independent category, the paper has identified the qualitative characteristics of the automatic driving system which such a car is equipped with. In order for a car to be classified as unmanned, its automatic driving system must be capable of independently performing all driving tasks (under certain or any conditions of normal use). At the same time, the authors have concluded that an unmanned vehicle is a special means of tort liability. The key differences between an unmanned vehicle and a “low-automated” car for these purposes are the ability to make decisions instead of a driver in a difficult road situation and the lack of complete clarity and predictability of such decisions from the point of view of the developer of the automated driving system.

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Yuriy Al. Tarasenko. Overbooking in transport: the problem of determining the “excess” passenger

UDK: 347.463:656

Yuriy Al. Tarasenko - Candidate of Law, associate professor of the department ‘Civil law, international private law and civil procedure’ of the Law Institute of the Russian University of Transport

Abstract. Domestic airlines, competing with foreign air carriers, are actively using mechanisms that have proven themselves in world practice and allow minimizing possible losses. Such mechanisms include overbooking (booking an excess seat). The problem of using overbooking is that, while solving the economic difficulties of the carrier, this mechanism has not yet received legal confirmation. This situation gives rise to a number of legal difficulties. Firstly, it is the sale of tickets exceeding the number of seats in a transport mean. The air carrier initially violates the terms of the contract. Secondly, there is no mechanism for correctly determining with which of the passengers the contract should be terminated. The existing practice of resolving this issue illustrates unfair approaches that generate conflicts. The use of artificial intelligence in organizing seat reservations for a flight could significantly reduce legal uncertainty and contribute to a fairer establishing a balance between the interests of the carrier and the passenger. When adjusting the current legislation, it is necessary to change the existing order of the booking procedure, which allows the sale of tickets for a flight without giving a definite seat.

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Aiganym G. Kurasheva. Theft specificity on railway transport

UDK: 343.13

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

Abstract. The transport complex of the country, including railway transport as the most important and economically massive mode of transport, could not but affect the criminal processes of recent times. Every year, more and more crimes are committed in the railway transport sector, and they acquire a pronounced organized character. More and more such crimes are being committed by organized criminal groups and criminal communities. The specific features of railway transport, its wide geographical location, and its constant operation, independent of either weather or economic collisions, including sanctions, make it very difficult not only to combat the committed crimes, but also to identify the causes that give rise to crimes on railway transport, and the conditions favorable for their commitment. Among the criminal offenses committed on railway transport, the most common are the thefts of transport means, individual parts of locomotives, wagons, damage of suburban electric trains. These and other crimes not only significantly damage businesses and railway transport, but pose a serious danger to the safety of its movement and operation, and ultimately to the life and health of passengers and transport workers. There have become not uncommon group thefts of cargo from rolling stock, committed by railway workers (e.g. locomotive drivers and their assistants) with unauthorized persons, when a train stops or slows down, followed by breaking seals of transported containers and stealing cargo from them. The theft of goods is often staged by replacing broken seals or locks, presenting false commercial documents, undervaluation and misrepresenting.

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Elena L. Fedorova, Olga N. Skuybedina. Transport as a field of speech safety: the formation of the concept “speech crime”

UDK: 343.346

Elena L. Fedorova - Candidate of Philological Sciences, associate professor of the department ‘Methodology of law and legal communication’ of the Law Institute of the Russian University of Transport

Olga N. Skuybedina - Candidate of Philosophical Sciences, docent, associate professor of the department ‘Methodology of law and legal communication’ of the Law Institute of the Russian University of Transport

Abstract. Recently, there has identified a necessity in qualified linguists who can give an accurate answer about the content of a particular text, from the point of view of ‘speech crime’. The current paper has considered the history of the development of the concept ‘speech crime’. There have been considered a number of legislative acts that provide for punishment for non-compliance with the norms of public communication, which is proposed by modern legislation. There have been identified the problems of introducing the concepts of crimes committed by means of the speech. There have been also developed the methodological approaches to the development of speech competencies under working conditions on transport for students.

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Yuliya P. Popova. How the new edition of Article 267 of the Criminal Code of the Russian Federation will affect the qualification of offenses

UDK: 343.346

Yuliya P. Popova - Candidate of Law, associate professor of the department of criminal law and proceedings of the Institute of State and Law of the Tyumen state University

Abstract. The current paper has presented the analysis of the Federal Law of December 30, 2020 No. 526-FZ "On Amendments to Article 267 of the Criminal Code of the Russian Federation" and the legal consequences of the amendments. There has been noted the ambiguity of the interpretation of the form of guilt in the main composition of the damaging vehicles or communication lines beyond repair. There have been proved a mixed form of guilt in Part 1 of Art. 267 of the Criminal Code of the Russian Federation and the double form of guilt in qualified units of parts 2-6 of Art. 267 of the Criminal Code of the Russian Federation. There has been summed up that there are possible difficulties in qualifying a crime and distinguishing it from such crimes as terrorism, vandalism, sabotage, theft and other crimes against property, crimes against the life and health of an individual and such administrative offenses as damage to roads and railway, actions that threaten traffic safety on railway transport and subway, breaking rules for protection of communication lines or structures). As a result, the new form of the main corpus delicti of the analyzed crime will cause an ambiguous legal assessment of situations when damaging a vehicle, means of communication, means of signaling or communication or other transport equipment beyond repair, blocking transport communications, objects of transport infrastructure, obstruction of the movement of vehicles and pedestrians on the communication routes, road network, and will not contribute to the uniform practical application of criminal and administrative legal norms on transport offenses.

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Vladimir Al. Zhavoronkov. Digital technologies: new approaches to information support of forensic examination of vehicle markings

UDK: 343.3/.7

Vladimir Al. Zhavoronkov - 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 discussed the issues that characterize the features of the current state of information support for forensic examination of vehicle markings (hereinafter referred to as the FE VM). There have been described the role and significance of additional information for solving problems of this type of forensic examination, as well as its difference from additional information used in other types of forensic examination. The paper has also proposed the concept of additional information, considered as a source of data necessary for the production of examinations and studies of the FE VM. There were investigated and described its characteristics and features. The paper has identified some trends in the "improvement" of criminal activity dealing with the implementation of criminal schemes, including actions, from vehicle’s theft to its resale. There have been considered some features of the technology of new vehicles’ marking at manufacturing enterprises and there have been identified a positive role of these features for the establishment of the primary (factory) identification markings in the process of examinations of the FE VM. When studying the envisaged by law procedure for obtaining additional information by state forensic institutions, the author has concluded that it is necessary to change the general approach to information exchange processes and its implementation using modern information technologies, including digital ones. At the same time, there has been considered the need to change the regulatory framework for the information support of the forensic examination of the FE VM and to develop a mechanism for direct access of employees of state forensic institutions to the database containing information necessary for examinations of this type. In addition, the author has proposed specific measures to improve the information support of the forensic examination of the FE VM.

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