Статьи номера | Issue №37

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

All articles in PDF

Valeriy L. Popov. Procedural and methodological basis of forensic transport examinations

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. Nowadays it is impossible to imagine the disclosure and investigation of a criminal case, whether it is a railway accident or an automobile-pedestrian accident, without a forensic examination. For many years, forensic examination has been positively distinguished among others by the fact that its starting point is an objectivity and reliability, which are largely guaranteed by the institution of norms and rules enshrined in codes, laws and other regulatory legal acts. This reputation is due to the state forensic examination, which until the 2000s practically occupied the entire judicial space. Today, the new types and kinds of forensic examinations which include study of breaking traffic rules and operation rules of railway, air, sea and inland water transport and the subway, are increasingly provoking issues of their objectivity and reliability. This is partly due to the fact that state forensic structures are inert to the development of new types of examinations, and therefore such examinations are carried out by persons who are not involved in state forensic structures, and as a result, they give rise to a set of problems of a procedural and methodological nature. The abovementioned issues have been analyzed in the current paper, and there have been given the recommendations that will make forensic study more reliable.

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Vladimir Ev. Chebotarev, Irina Ol. Rakova. Legal regulation of international flights over the state territory

UDK: 341.9

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

Irina Ol. Rakova - student of the Law Institute of the Russian University of Transport

Abstract. The current paper deals with the discussion of the current regulatory legal acts governing international flights over the state territory. These include national and international regulatory legal acts. International treaties and national legislation of states divide international flights into two categories: scheduled and non-scheduled. The main source of legal regulation of international air flights is the Chicago Convention of 1944. The paper has proposed to amend this international document regarding non-scheduled flights. Russia's withdrawal from the Open Skies Treaty is currently a topical event.

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Olga Al. Khotko, Anna Al. Chebotareva. Legal issues of international cooperation in the field of environmental safety of transport activities

UDK: 349.6

Olga Al. Khotko - Candidate of Law, docent, associate professor of the department of ecological and agricultural law, the Belarus State University

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

Abstract. The current paper has analyzed the regulation of ensuring environmental safety in the field of transport activities in various countries and interstate integration formations. The paper has also considered the prospects for improving legal international approaches in order to increase cooperation between countries. Among the significant factors that impede the solution of this urgent problem is the imperfection of the institutional environment for ensuring environmental safety. There has been established that the European Union has a mechanism for interaction between the countries - members of the Eurasian Economic Union, but it is not sufficiently developed. There has been proposed to intensify international cooperation in the environmental and legal sphere, which is a necessary element in the transport sector in order to reduce the impact of transport on the environment and the global problem associated with climate change. There have been made conclusions about the necessity to formulate the principles of international cooperation in the field of ensuring environmental safety of transport activities.

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Sergey L. Lobachev. The state and prospects for the development of the functioning of the student’s personal account in the electronic information and educational environment of the university on the example of the Russian University of Transport

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

Abstract. Specialists have been dealing with the development of the information and educational environment of the university and the education system in Russia for about 25 years. During this period, the relevance of this issue has changed a lot, and electronic information and educational environments (EIEE) of universities have become real only due to an appropriate regulatory framework. However, the development of EIEE until 2020 was carried out mainly in order to ensure compliance with regulatory documents. The implementation of the educational process was carried out using distance learning systems (DLS), many of which were developed and implemented long before the emergence of EIEE in universities. The situation changed dramatically in 2020, and this led to a reconsidering of many existing provisions in conditions of time pressure. EIEE turned out to be unable to provide significant assistance to universities in the context of the epidemic, since they were not an instrument of the educational process, but information showcases for regulatory authorities. The experience gained in 2020 made it possible to analyze how successfully EIEE cope with support of the educational process, and outline ways to improve them. In the current work there was made an attempt to generalize the proposals for improving the EIEE of the Russian University of Transport (RUT), developed by students of the Law Institute RUT. The data presented in the work were the results of studying course works completed in the fall of 2020. Each student could make any number of proposals. The conducted analysis made it possible to break down all proposals into three categories: technical revision, supply EIEE with functions like the LMS, and information contents. The analysis made it possible to outline two ways for the further development of the EIEE in RUT and highlight one of them, which can ensure the development of EIEE without the risk of disrupting the educational process and further integration of the university into a promising industry information environment.

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Nikolay Al. Dukhno, Anna Al. Chebotareva. Transport and Law Forum: an annual, international and leading scientific event of the Law Institute of the Russian University of Transport

UDK: 347.463

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

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

Abstract. The current paper has given an excursion covering the history of the International Transport and Law Forum, which was organized by the department ‘Administrative Law, ecological law, information law’ of the Law Institute of the Russian University of Transport . The forum was initiated by the head of the department, Doctor of Law, Anna Aleksandrovna Chebotareva, when realizing the importance of the growing urgent problems of introducing new digitalization technologies and artificial intelligence into the transport industry. In 2019 there was held the first International Transport and Law Forum, where there was decided to hold it annually in order to discuss legal problems that are constantly increasing as a result of the introduction of digitalization technologies into the transport systems of different countries, which are interconnected by transportation. There has been presented a brief overview of research works made at the third International Transport and Law Forum, held on February 10, 2021 at the Law Institute . The forum dealt with urgent legal problems related to the introduction of artificial intelligence technologies in the field of transport activities. The scientific results obtained at the forum attracted the attention of practicing researchers and students of transport universities.

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