Статьи номера | Issue №38

Articles of the journal issue №2 (38) (2nd quarter of 2021)

All articles in PDF

Elena G. Bagreeva. Review of the monograph by N. V. Gruver, A. I. Zemlin and I. V. Kholikov «Legal Problems and Organizational and Pedagogical Conditions for Realizing the Integration Potential of Volunteering while Training Specialists in the Field of Law»

UDK: 378.183

Elena G. Bagreeva - Doctor of Law, professor, professor of the International and Public Law Department of the Financial University under the government of the Russian Federation

Abstract. The current paper has provided a review of the monograph “Legal Problems and Organizational and Pedagogical Conditions for Realizing the Integration Potential of Volunteering while Training Specialists in the Field of Law”, prepared by a team of authors from the Institute of Legislation and Comparative Law under the Government of the Russian Federation and the Russian University of Transport.

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Eketerina An. Volkova. Features of the historical development of the strategic joint stock companies (based on the materials of the railway industry)

UDK: 656.2

Eketerina An. Volkova - chief specialist of the Legal Protection and Project Support Department of the Legal department of the JSC ‘Federal Passenger Company’, post graduate of the Institute of legislation and Comparative Law under the government of the Russian Federation

Abstract. On the example of the development of the railway industry, the current paper has considered such a feature of strategic joint-stock companies (being the subjects of administrative law), as a special historical development. Strategic joint stock companies are leaders in the most important sectors of the country's economy, actively participating in state and public life. A stable current legal relationship with the state, as a general rule, is a consequence of functioning as a part of the state mechanism in the past. The example of railway transport clearly illustrates the process of the emergence of a new economic sector and constant control over it by the state apparatus, the transition for a long period from the initial use of private capital to state ownership and direct state administration, the subsequent transformation of a large mechanism of public administration into a strategic joint-stock company. The establishment of a federal executive body, as well as the high importance for ensuring the country’s well-being and security, predetermine the desire to maintain control over decision-making by a strategic joint-stock company. Such a transformation of a large state structure into the organizational and legal form of a commercial organization is due to the development of a market economy and the necessity to free the executive authorities from their unusual functionality. At the same time, strategic joint stock companies remain actually embedded in the system of state administration and take part in the exercise of powers by public authorities.

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Sergey Al. Semenov. The list of transport infrastructure objects protected by departmental security through the mandatory requirements

UDK: 342.951:351.82

Sergey Al. Semenov - head of the Federal Budgetary Institution ‘Marine Security Service’

Abstract. Despite the regular changes, there are still issues in the transport safety legislation that regularly arise as a reasons for litigation. One of these issues is the importance of the list of protected objects for the legal status of the FSUE “Departmental Security of the Ministry of Transport of the Russian Federation” when protecting from unlawful interference with transport infrastructure. The current paper has proposed to use the Federal Law of July 31, 2020 No. 247-FZ “On mandatory requirements in the Russian Federation” to resolve disputes related to the use of the specified list by the parties.

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Viktor Iv. Liseenko, Vadim N. Ishchenko. The design of vehicle exhaust systems as a cause of road traffic accidents in the winter: the necessary amendments to the Technical Regulations of the Customs Union TR CU 018/2011 «On the safety of wheeled vehicles»

UDK: 629.111-235(075.8):656.052.5

Viktor Iv. Liseenko - deputy chief state inspector of State Road Supervision of the North Ural Interregional Directorate of State Road Supervision of Rostransnadzor, the 2nd class advisor to the State Civil Service, applicant of the administrative and municipal law department of the Saratov State Law Academy

Vadim N. Ishchenko - senior state inspector of the territorial department of the State Road Supervision in the Yamal-Nenets Autonomous Okrug of the North Ural Interregional Directorate of State Road Supervision of Rostransnadzor, the 1-st class public civil service assistant

Abstract. The authors of the current paper have considered one of the technical problems affecting road safety in Yugra in the Khanty-Mansiysk Autonomous Okrug, and the Yamalo-Nenets Autonomous Okrug when operating vehicles in low temperatures. Its specificity lies in the design features of the exhaust system of certain models of vehicles. In particular, many car manufacturers of the freight and passenger vehicles structurally design the exhaust pipe (muffler) on the left side of a vehicle. In the winter, when driving on public roads, the temperature of the exhaust gases and the environment is different. As a result, a large amount of white smoke is emitted from the exhaust system of the car, which significantly restricts the visibility of drivers moving from behind in the stream. Consequently, the danger of overtaking in case of smoke and, as a consequence of the limited visibility of the opposite lane, increases the risk of one of the most dangerous types of road traffic accidents, namely a head-on collision of vehicles. The authors have proposed to make the amendments to the Technical Regulations of the Customs Union TR CU 018/2011 “On the safety of wheeled vehicles”.

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Roman L. Kharlanov. The role of the state in enforcing security of the critical information infrastructure on transport

UDK: 656.078.12

Roman L. Kharlanov - post graduate of the Law Institute of the Russian University of Transport

Abstract. In connection with the increased role of information security in general, as well as against the background of the Federal Law “On the Security of the Critical Information Infrastructure of the Russian Federation” that has been in effect for almost four years, the issue of enforcing information security on transport and the role of state bodies authorized to solve relevant problems is of great relevance. There have been used formal logical and historical methods in the current study. As a result of the study, the author has formulated conclusions about the priority tasks of state bodies authorized to solve tasks to enforce information security, taking into account new challenges and threats, which, first of all, are due to the most powerful development of end-to-end digital technologies.

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Aleksandr N. Pimenov, Tahir S. Efendiev. Urgent problems of biometric identification on transport

UDK: 621.9.048.7

Aleksandr N. Pimenov - post graduate of the Law Institute of the Russian University of Transport

Tahir S. Efendiev - Candidate of Law, docent, associate professor of the department ‘Administrative Law, Ecological Law, Information Law’, Law Institute, Russian University of Transport

Abstract. The purpose of the current study was a comprehensive analysis of the legal nature of biometric identification and its significance in the context of the transformation of the transport complex. The main methods used in the study were formal-logical and comparative-legal in order to comprehensively analyze the current legislation of Russia, as well as foreign countries in the field of personal biometric data protection. As a result of the study, there have been substantiated the conclusions about the positive value of the use of biometric identification on transport in order to ensure security, as well as the necessity to increase attention of the legislator to the issue of protecting personal data in general, including biometric data.

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Ekaterina Iv. Kobzeva, Ekaterina V. Ushakova, Dmitriy G. Tkachenko. Implementation and improvement of legal regulation of digital technologies in the transport system of the Russian Federation

UDK: 347.763:656:005.932

Ekaterina Iv. Kobzeva - Candidate of Law, associate professor of the department ‘Theory of Law, History of Law and International Law’ of the Law Institute of the Russian University of Transport

Ekaterina V. Ushakova - Candidate of Law, associate professor of the department of civil law disciplines of the Moscow Finance and Law Faculty, deputy chairman of the Moscow Bar Association “Victoria”, attorney

Dmitriy G. Tkachenko - lawyer of the LLC «Firm of Social Innovations»

Abstract. The modern development of the Russian Federation and the success of socio-economic transformations in the country largely depend on the development of transport, which is a connecting role between the subjects of the state and between economic objects of economic activity. The expansion of the practical implementation of digital technologies in all spheres of life, including transport and transport communications, infrastructure for ensuring the safety of transport communications, stimulate the necessity for the state to develop an administrative and legal mechanism for legal regulation in the field of digital technologies. Nowadays, digital technologies are being used as a tool for road safety. At the same time, the records made using digital technologies serve as evidence of the commission of offenses in the course of traffic. The current paper has demonstrated the introduction of digital technologies in the technical control of road transport for its safe operation during operation on highways. There has been considered the introduction of databases to protect the rights of persons with disabilities as drivers and passengers of road transport. The use of digital banking and specialized fare cards have become a new element of reality, which has led to the necessity to improve the administrative and legal mechanism in regulating fare payments and ensuring data security. The introduction of digital technologies has become a serious improvement in the protection of the rights of people with disabilities, who can now submit documents in digital form, as well as use an electronic reception for applications. The importance of legal regulation of digital technologies, ensuring the cybersecurity of databases, the use of more evidence obtained using digital technologies are the problems identified in the study of the legal support of digital technologies in ensuring the safety of the functioning of transport and its passengers in Russia.

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Galina Al. Gunderich, Elena V. Latysheva. The role and prospects of artificial intelligence in the field of document flow of transport organizations

UDK: 656.13:681.322

Galina Al. Gunderich - Candidate of Technical Sciences, associate professor of the department of criminal procedure, criminalistics and prosecutor’s participation in criminal proceedings of the Crimean Law Institute (branch) of the University of the Prosecutor's Office of the Russian Federation

Elena V. Latysheva - Doctor of Historical Sciences, professor, head of the department of documentation and archives of the Crimean Federal University named after V.I. Vernadsky

Abstract. The current paper has studied the role of artificial intelligence in document flow and archives in government and other structures of the Russian Federation. There has been made an attempt to analyze the published works on the research. There have been considered the provisions of the National Strategy for the Development of Artificial Intelligence for the Period up to 2030, approved by the Decree of the President of the Russian Federation of October 10, 2019 No. 490 “On the Development of Artificial Intelligence in the Russian Federation”. There have been analyzed the approaches to the implementation of artificial intelligence systems. There has been paid much attention to the issues of digitalization of the prosecutor's office, and to the issue of introducing artificial intelligence technologies into the activities of Russian ministries and federal services. The range of legal problems arising in connection with the use of artificial intelligence technologies is very wide. For this reason, it seems appropriate to study the provisions of the Federal Law of April 24, 2020 No. 123-FZ “On conducting an experiment to establish special regulation in order to create the necessary conditions for the development and implementation of artificial intelligence technologies in the constituent entity of the Russian Federation: in the city of federal significance Moscow and amendments to Articles 6 and 10 of the Federal Law “On Personal Data” and analyze them for practical use. There have been determined the prospects for the use of artificial intelligence in the field of document flow.

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Mikhail V. Zharikov, Irina Iv. Shatskaya. Transport and infrastructure aspects of the organization and support of the tourism industry during the COVID crisis

UDK: 338.4:656.01

Mikhail V. Zharikov - Doctor of Economic Sciences, professor of the Financial University under the Government of the Russian Federation

Irina Iv. Shatskaya - Candidate of Economic Sciences, docent, associate professor of the department ‘Administrative Law, Ecological Law, Information Law’, Law Institute, Russian University of Transport

Abstract. The relevance of studying the problems of transport and infrastructure support of the tourism industry has been manifested in the necessity to adapt the industry in an unfavorable sanitary and epidemiological situation. The significance of the study results is in the development of approaches that allow the enterprises of the tourism industry to function taking into account the implementation of social distancing measures, special requirements for hygiene.

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Iliya Al. Fadeev. Vesting an investigator with the right of inquest

UDK: 343.13

Iliya Al. Fadeev - Candidate of Law, senior lecturer of the department of theory and methodology of public administration of the Academy of Management of the Ministry of Internal Affairs of Russia, police major

Abstract. The author of the current paper has examined certain provisions of Art. 150 and 151 of the Criminal Code of the Russian Federation, which need scientific rethinking. The circle of subjects authorized to conduct an inquest has been expanded by introducing investigators of the Investigative Committee of the Russian Federation. According to the legislator’s conceive, these officials are vested with the right of inquest of the citizens with a special legal status (immunity).

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