Статьи номера | Issue №38

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

All articles in PDF

Roman Al. Mazhinsky. Problems of detecting car-sharing vehicle thefts committed by minors using a someone’s or fake account

UDK: 343.71

Roman Al. Mazhinsky - post graduate of the department of the of the department of criminal law disciplines of the Law School of the Institute of Law and Management of the Moscow City Pedagogical University, a lecturer of the Law College of the Russian University of Transport

Abstract. The purpose of the current paper was to analyze the reasons for the committing and the problems of identifying cases of unlawful seizure of car-sharing vehicles without the purpose of theft by minors using someone's or fake account registered in the service of the rental company. The author has made an attempt to propose legal and technical ways of resolving problems in this area. The author has also drawn the attention of legislators and made a proposal on the necessity to provide in the law that the fact of acquiring someone's or fake car-sharing account should be considered an attempt, and not preparation for this crime, since the latter does not make it possible to bring the offender to criminal liability. In addition, the author has proposed to supply the currently developed car-sharing bill with the norms obliging the car sharing operator to inform law enforcement agencies about the revealed facts of minors traveling on their cars. There has been also proposed to oblige the rental companies to provide technical means in their vehicles that make the registration process in the account inaccessible to minor intruders, and their identification and exposure if a crime is committed.

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Galina K. Lobacheva, Sergey L. Nikonovich, Daniyar V. Kayergaliev. The efficiency and prospects for the development of forensic examination of rubber while investigating road accidents

UDK: 343.98.062:629

Galina K. Lobacheva - Doctor of Chemical Sciences, professor, professor of the department of forensic technologies of the Volgograd Academy of the Ministry of Internal Affairs of Russia

Sergey L. Nikonovich - Doctor of Law, associate professor, head of the department of criminal procedure of the Military University of the Ministry of Defense of Russia

Daniyar V. Kayergaliev - candidate of Biological Sciences, docent, associate professor of the department of forensic technologies of the Volgograd Academy of the Ministry of Internal Affairs of Russia

Abstract. The current paper proposes an innovative way of rubber marking, which can be used in the production of motor vehicle tires. It can greatly facilitate the work of a forensic expert in identifying the tires of a vehicle in a road traffic accident and identifying a suspect, thereby significantly increasing the efficiency of the physical and chemical examination of rubbers.

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Zoya An. Tarasenko. Pledge accounts (registration of pledge notices) of a vehicle as one of the significant notarial actions

UDK: 347.466.3

Zoya An. Tarasenko - post graduate of the department ‘Administrative Law, Ecological Law, Information Law’ of the Law Institute of the Russian University of Transport

Abstract. The purpose of the current study is to analyze the legal status and legal status of a notary in the system of administrative and legal regulation of notaries in Russia using the example of the features of the notarial action of pledge accounts (registration of pledge notices) of a vehicle. There has been emphasized the importance of such a notarial action, since the creation of a notarial register of pledge notices makes it possible to check the credit purity of movable property, and then, it provides a clear criterion for the good faith of the buyer. With regard to the pledge accounts of vehicles in the notary system, there has been made significant improvement to provide individuals and legal entities with the purchase of vehicles, mechanisms, and other expensive property, before the conclusion of a sale and purchase contract and transfer of funds to the seller, the opportunity to check such property via the Internet and contact a notary for a copying from the register of notifications. Such a mechanism provides a buyer with the safest way possible, without an unfavorable outcome of the transaction and further litigation.

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Konstantin N. Kolodyazhny. The legal nature of a railway freight contract

UDK: 347.763

Konstantin N. Kolodyazhny - post graduate of the Law Institute of the Russian University of Transport

Abstract. The railway freight contract has many legal features that must be taken into account when signing such a contract. In order to correctly interpret these features, it is necessary to be familiar with the theoretical provisions of the legal nature of contracts of this category, which served as the rationale for the necessity to write this paper, the purpose of which is to consider the basics of the regulatory documents used in the preparation, signing and subsequent implementation of the railway freight contract. Railway cargo transportation has always been and remains the most demanded service, as it expands the range of transactions. The study of the legal regulation of railway transportation of goods, according to the author of the paper, is important, since they are used to improve and optimize the transportation itself, as well as to ensure the integral, efficient, safe and high-quality functioning of railway transport. The Civil Code of the Russian Federation is fundamental in matters of acceptance, transportation of goods by using railway rolling stock, as well as the final transfer of goods to the receiver of the goods in a fixed period. The activities of railway transport are carried out under constant monitoring, implemented in accordance with the provisions of the Charter of Railway Transport of the Russian Federation. This was the basis for the selection of these regulatory legal documents when determining the legal nature of the railway freight contract. The results of the current study can serve as a basis for further research on this issue.

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Svetlana V. Borisova. Legal regulation of contracting relations on railway transport using intellectual property

UDK: 347.763:656.2

Svetlana V. Borisova - Candidate of Law, docent, associate professor of the department ‘Civil law, International private law and Civil procedure’ of the Law Institute of the Russian University of Transport

Abstract. The current paper has examined the specifics of the legal regulation of contracting relations on railway transport, which is characterized by a special subject composition, a variety of objects of the transport complex, types of contract work, various levels of legal regulation, the presence of contractual contract structures not listed in the Civil Code of the Russian Federation, etc. There has been noted that JSC “Russian Railways”, as the main subject of local rule-making, when organizing economic ties with the participation of a group of persons (holding), in fact, self-regulates economic activities on railway transport. The author has also provided a systematics of contracts for the work on railway transport with elements of intellectual property, investigates the legal nature of design documentation containing information about intellectual property.

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Ildar R. Begishev. Liability for the damage caused by unmanned vehicles: complex legal aspects

UDK: 347.51:656.025.226

Ildar R. Begishev - Candidate of Law, senior researcher at the Kazan Innovation University named after V.G. Timiryasov, honored lawyer of the Republic of Tatarstan

Abstract. The paper examines the prospects for the regulation of tort legal relations arising in connection with the infliction of harm by an unmanned vehicle. There has been estimated the state of the conceptual apparatus and existing definitions describing these vehicles. There has been formulated a conclusion about the prerequisites for resolving the issue of civil and criminal liability for such damage.

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Denis V. Iroshnikov. Legal culture and security: some aspects of correlation

UDK: 340.113:656

Denis V. Iroshnikov - 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

Abstract. The current paper has presented a scientific analysis of the correlation between legal culture and security, in the context of which the author set the goal to determine the dependence of the level of legal culture in society on the corresponding level of ensuring the safety of the individual, security of the society and state. In this aspect, there has been impossible to ignore the concept of ‘safety culture’, since a number of scientific studies are devoted to its various aspects today. Considering the quantitative growth and qualitative transformation of threats to people security in the modern world, the formation of a security culture is one of the most important tasks on the agenda. With regard to transport relations, safety culture plays a crucial role, since the security of all participants (both transport users and unauthorized persons, for example, pedestrians) directly depends on its level. In the context of the analysis of legal culture and its correlation with security, there have been also considered the issues of legal consciousness and legal ideology, as an important element of its structure. In addition, the paper has risen the problem of legal nihilism as a threat to the safety of the individual, security of the society and state. In particular, legal nihilism, expressed in the denial of traffic rules, often results in road accidents and threatens human life and health, his property and the safety of other road users. The conducted complex analysis allowed the author to prove the concept that an increase in the level of legal culture has a direct impact on the level of security. In this regard, improving legal culture through the influence on legal consciousness through legal ideology is an activity aimed at ensuring security.

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Mariya An. Bazhina. On the issue of systematization of transport legislation Russian Federation

UDK: 347.763

Mariya An. Bazhina - Candidate of Law, associate professor of the department of business law of the Ural State Law University

Abstract. The current paper deals with the systematization of transport legislation, as one of the acute issues of transport law. At present, the discussions about the choice of a way to improve transport legislation are of particular importance, since there is a revision of the legal regulation of certain spheres of life, including transport activities. The author of the paper has examined various points of view regarding the systematization of transport legislation that existed throughout the period of its development. The use of the historical method in this study made it possible to identify a trend towards further improvement of transport legislation. Taking into account the necessity for international integration, an increase in cargo turnover and, as a result, an increase in the competitiveness of domestic carriers, the primary task is to unify transport legislation. The most productive way of convergence of national legislation regulating the activities of certain types of transport is a codification of transport legislation in the form of a single normative legal act, the transport code. This conclusion has been substantiated by an analysis of the current legislation, which is distinguished by repetitions, contradictions, and the absence of a single conceptual apparatus. It is with the help of the development of the transport code that it is possible to build the correlation among all elements of the transport legislation system, to develop the logic of presentation. Thus, the transport code can become some instrument for harmonizing disparate transport legislation.

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Ivan V. Kholikov. Project activity of students as a means of scientific support for the issues of the current legal support of transport security

UDK: 378.33:656

Ivan V. Kholikov - Doctor of Law, professor, professor of the department of state-juridical disciplines of the Institute of Legislation and Comparative Law under the Government of the Russian Federation, deputy head of the direction ‘Transport security’ of the Scientific-Advisory Section of the Center for Security Studies of the Russian Academy of Sciences

Abstract. The current paper has provided an overview of the results of scientific activity through the execution of research projects of graduate students and students and their discussion in the process of competitive selection to improve knowledge on the problems of legal regulation of transport security in the context of increasing risks and threats of a global nature, the formation of students' competencies necessary for subsequent project activity. The author of the current paper, as an expert, has carried out a critical analysis of the research works of students who won prizes based on the results of summing up the results of the competition of student scientific projects “Problems of legal support for the implementation of industry transport policy and enforcing transport security in the face of modern challenges and threats”, held within the framework of the II International Congress “Transport security and law: XXI century” (April 21, 2021). Since the objectives of the competition were to identify and support talented and creatively active students and graduate students, to stimulate them to research and master educational programs of higher education, the system-legal analysis of the results of works performed by students can contribute to solving the problem of identifying contradictions and gaps in legislation that have significant theoretical and practical importance for enforcing transport security, substantiating proposals on the need to improve the regulatory legal framework for transport security, as well as optimizing scientific activities on these issues. The proposals formulated by the participants can also contribute to improving the system of scientific support for the problems of legal regulation of transport safety and security, based on unified methodological approaches to the development of a conceptual and categorical apparatus. Due to the fact that the solutions proposed in the works of students have a significant degree of relevance for the further development of transport and legal science in this area, their implementation is important for improving the system of scientific and educational work of students.

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Olga M. Zemlina, Regina K. Nazarova. Volunteer assistance to disabled people and people with limited mobility on transport: the experience with the involvement of students of the Russian University of Transport

UDK: 355.097.2:656

Olga M. Zemlina - Candidate of Law, docent, associate professor of the department ‘Transport Law’ of the Law Institute of the Russian University of Transport , honored worker of high professional education

Regina K. Nazarova - specialist of the Resource Training and Methodological Center for the training of disabled people and persons with disabilities, Director of the Social and Youth Policy Center of the Russian University of Transport

Abstract. The current paper, using the methods of the systemic legal approach, has considered the topical issues of involving students of the Russian University of Transport in volunteering, motivating them in providing assistance to disabled people and people with limited mobility on transport. The paper pays significant attention to the analysis of the mechanism and methods of realizing the potential of the volunteer movement from the point of view of the possibilities for the formation of socially significant qualities in students, value orientations that correspond to the needs of society and the tasks of the development of the transport complex, as well as the skills of legal and cultural behavior of transport specialists. The paper substantiates the conclusion about the need to use the opportunities of volunteering as a means of self-development of the student's personality. There has been studied the work experience of the established ‘Resource Training and Methodological Center for the Training of Disabled People and Persons with Disabilities’, operating on the basis of the Russian University of Transport, the directions of increasing the efficiency of activities to create conditions for the accessibility of higher education for people with disabilities, and promoting their further employment. Sociological analysis made it possible to identify and assess the level of motivation and interest of participants in the volunteering in training under the programs implemented at the Russian University of Transport. Due to it there were drawn appropriate conclusions regarding the incentives of students, including the most significant and widespread desire to help people, the wish to feel needed, the desire to master new skills and acquire skills, which fully meets the requirements for the results of the educational process at the Russian University of Transport. This fully applies to such an area as the assistance of volunteers in ensuring the mobility of people with disabilities at railway infrastructure facilities. Based on the results of the study, there has been concluded that it is important to attract students of the Russian University of Transport to participate in the volunteering for the implementation of the tasks set in the Concept for training personnel for the transport complex until 2035, approved by the order of the Government of the Russian Federation of February 6, 2021 No. 255-r.

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