Статьи номера | Issue №39

Articles of the journal issue №3 (39) (3rd quarter of 2021)

All articles in PDF

Kseniya Ev. Dovgan, Nataliya Ev. Kovalenko. Review of the article «Issues of applicable law in the sphere of tort relations with a foreign element» by A. O. Inshakova, Yu. A. Tymchuk

UDK: 340.11

Kseniya Ev. Dovgan - Candidate of Law, associate professor of the Law Institute of the Altai State University (Barnaul)

Nataliya Ev. Kovalenko - Master’s Degree student of the Law Institute of the Altai State University (Barnaul)

Abstract. The current paper has provided the review of the article “Issues of applicable law in the sphere of tort relations with a foreign element”, prepared by the authors of the department of civil and international private law of the Institute of Law of the Volgograd State University. In the article there were considered tort legal relations on the example of road relations. In practice, there are often the questions of how the damage obligations are regulated if a transport accident occurred on the territory of a foreign state with the participation of a Russian citizen or between foreign citizens on the territory of the Russian Federation. From the general group of conflict rules in the field of tort legal relations, there have been analyzed the special rules regulating road legal relations. Uncertainty in the regulation of tort legal relations with a foreign element in the transport sector occurs due to the absence of mandatory norms governing disputed legal relations. The existing variety of conflict rules sometimes creates difficulties for law enforcement authorities in resolving legal disputes.

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Oleg An. Chaptykov, Aleksandr N. Kharitonov, Oleg V. Mokhovikov. Working features of operational search units of transport police

UDK: 343.985

Oleg An. Chaptykov - lecturer at the department of training police officers in the field of transport security, Center for training police officers for public order protection of the All-Russian Institute for advanced training of police officers of the Ministry of Internal Affairs of the Russian Federation

Aleksandr N. Kharitonov - Doctor of Law, professor of the department of training police officers in the field of transport security, Center for training police officers for public order protection of the All-Russian Institute for advanced training of police officers of the Ministry of Internal Affairs of the Russian Federation

Oleg V. Mokhovikov - head of the department of training police officers in the field of transport security, Center for training police officers for public order protection of the All-Russian Institute for advanced training of police officers of the Ministry of Internal Affairs of the Russian Federation

Abstract. The current paper has considered the history of the formation of criminal investigation units of the railway police in Russia until October 1917. The activities to counteract terrorist threats during the period of revolutionary upheavals had a significant impact on the formation and development of operational units of the railway police. The scientific research in the law enforcement practices of the transport police is of great relevance, since the operational search units of linear bodies enforce law and order and the safety of material values in special conditions of the railway transport functioning. There has been examined the place and significance of the operational units of the transport police for detecting and solving crimes at present time.

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Yury Iv. Petrov. Nikolai Pavlovich Petrov’s contribution to technical education development in Russia

UDK: 94(47)+378(091)

Yury 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. The current paper has made attempts to show the contribution to the technical education development, made by Nikolai Pavlovich Petrov, the main ideologist of the establishment of a new educational institution in the Ministry of Railways and the author of the project of the Moscow Engineering School. There have been considered the theoretical views on the system of engineering education in Russia. There have been shown the drawbacks of the higher technical school, the main of which was the discrepancy between the number and volume of subjects intended for compulsory study. There have been considered the types of technical schools, the use of which was associated with the goals of specialists’ training. There have been given the Petrov’s requirements to the teaching staff of technical universities, their professional qualities, participation in research work. The paper has determined the significance of the theory for future engineers, attributed by Petrov to the fact that the empirical stage was over and the growing industrialization required a new qualitative technique and technology that directly depended on the theory.

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Elena N. Rudakova, Vladimir F. Volkov. Features of application of the of administrative law norms in the field of customs

UDK: 342.9(075.8)

Elena N. Rudakova - Doctor of Political Sciences, docent, professor of the department “Customs law and organization of the customs affairs” of the Law Institute of the Russian University of Transport

Vladimir F. Volkov - Candidate of Military 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. The current paper deals with administrative offenses in the field of customs and their significance. There have been also considered the signs of such offenses and their classification. Particular attention has been paid to the elements of the composition of an administrative offense. There have been established the features of application of the administrative law norms in the field of customs: when moving goods and means of international transportation when crossing the customs border of the Eurasian Economic Union; when crossing the customs territory of the Union under customs control; when clearing, releasing and using goods and means of international transportation in accordance with the declared customs procedure; when applying customs control measures and the rules for establishing and collecting customs payments. There have been presented the objects, subjects and types of administrative offenses in the field of customs, as well as types of administrative penalties and fines.

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Anatoliy M. Skrynnik. Certification of transport security forces: law enforcement problems and ways to solve them

UDK: 351.811

Anatoliy M. Skrynnik - Candidate of Economic Sciences, docent, associate professor of the department of procedural law of the South Russian Institute of Management, a branch of the RANEPA, member of the International Maritime Law Association

Abstract. The current paper has analyzed the present system of certification of transport security forces in maritime transport, identified gaps and inconsistencies associated with appealing the results and suggested the ways to improve it by including the Procedure for appealing the decision of the certification body (results of certification of transport security forces), as well as actions (inaction) of officials of the certification body.

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Sergey Al. Semenov. Departmental security and transport security: relationship of concepts

UDK: 342.951:351.82

Sergey Al. Semenov - head of the Federal Agency for Maritime and River Transport

Abstract. In 2017 the author analyzed the differences between security and transport security, considered the issues of law enforcement and interconnection of regulatory legal acts. Taking into account the changes in the transport security legislation during this time, the obtained experience, the newly identified collisions, there has become necessary to return to this topic and correct the conclusions. The current paper has compared individual elements of the legal status of departmental security units and transport security units. Based on the analysis, there has been concluded that the legal status of departmental security units and transport security units is the same in terms of protecting transport infrastructure facilities from unlawful encroachments and from unlawful interference acts.

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Gennady Yu. Leshchov, Valery L. Popov. Problems and prospects of expert support for the transport industry in Russia

UDK: 343.148.63

Gennady Yu. Leshchov - Candidate of Economical Sciences, deputy director of the Law institute in innovations, Russian University of Transport

Valery L. Popov - senior lecturer of the department “Forensics and criminalistics” of the Law Institute of the Russian University of Transport

Abstract. The main goal of enforcing transport security in Russia is the stable and safe transport complex operation. The main issue of its provision is the federal state control (supervision) in the field of transport. From July 1, 2021 there have come in to force such laws as the Federal Law of July 22, 2020 No. 248-FZ “On State Control (Supervision) and Municipal Control in the Russian Federation” and resolution of the government of the Russian Federation No. 991 of June 25, 2021 “On approval regulations on federal state control (supervision) in the field of railway transport” and dated December 29, 2020 No. 2328 “On the procedure for certification of experts involved in the expertise for the state control (supervision), municipal control”, which provided for the possibility of involving experts for the state control (supervision) in the field of science, technology and economic activity. On July 30, 2021, on the basis of the Russian University of Transport, there was held the scientific and practical seminar on the implementation of the above normative acts, during which the deputy head of Rostransnadzor V. B. Gulin discussed problematic issues related to expert activities in the field of transport. There was substantiated expediency of establishing the Scientific and Expert Council of Rostransnadzor, which should include leading scientists of the domestic transport universities. In the future, on the basis of the Association “Higher Educational Institutions of Transport”, there is going to be set up a self-regulatory organization, which will unite all interested parties, uniting the management, training and control bodies, including experts in the field of transport.

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Vladimir Ev. Chebotarev. Issues of information systems’ security enforcement

UDK: 004.056.5(075.8)

Vladimir Ev. Chebotarev - Candidate of Economical 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 problem of information systems’ security and, consequently, information as a key resource in the modern information society is something that all participants of information interaction in all ICT environment sectors face in one way or another. The current paper has analyzed the scientific and legislative approaches to the definition of the concept and essence of the information system, the typology of information systems. As a result, there has been proposed the author’s approach to definition of the investigated object, there has been identified the problem of “trust in the ICT environment”. The author has focused on the uncertainty of the legal regime of information systems, which directly has a negative impact on the efficiency of communication management in information systems and their protection from criminals.

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Aleksey N. Loskutov. New requirements in aviation security. Harmonization of aviation and transport security

UDK: 347.822.4

Aleksey N. Loskutov - inspection shift supervisor of the SAB JSC “Airport Abakan”, Khakass State University named after N.F. Katanov

Abstract. The relevance of the current study is due to the importance of the security of air transportation, the degree of which directly depends on the timely availability of a legal and regulatory procedure for its regulation. In the context of the worldwide development of digital technologies, information security of civil aviation plays an important role in the safe operation of the country's air fleet. The author of the paper has analyzed international and national law in terms of protecting transport infrastructure and vehicles from unauthorized interference in air traffic control systems and transmission of critical information, within the framework of the legislation on aviation and transport security. The current study has used formal logical and comparative methods. Based on the study results, there have been formulated conclusions on the priority tasks of the legislator to bring national law to a unified position, according to the established international practice of ensuring civil aviation security of.

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Tatiyana An. Polyakova, Ignat S. Boychenko, Nataliya An. Troyan. Information and legal support of information security in the transport sector in the context of digital development

UDK: 656:005.932

Tatiyana An. Polyakova - Doctor of Law, main researcher, acting head of the sector of information law and international information security of the Institute of State and Law of the Russian Academy of Sciences, honored lawyer of the Russian Federation

Ignat S. Boychenko - Candidate of Law, researcher of the sector of information law and international information security of the Institute of State and Law of the Russian Academy of Sciences

Nataliya An. Troyan - researcher of the sector of information law and international information security of the Institute of State and Law of the Russian Academy of Sciences

The current paper was prepared as part of the implementation of the state assignment of the Institute of State and Law of the Russian Academy of Sciences “Legal regulation of the digital economy, artificial intelligence, information security” (No. 0136-2021-0042).

Abstract. The current paper deals with the information and legal support of information security in the transport sector in the context of digital development. Thus, the development of information and telecommunication technologies and the digitalization of public relations have also affected the field of transport and transport services. There have appeared not only new transportation means, such as unmanned aircraft, but there are also being introduced information systems related to the identification of passengers in transport. The development of electronic interaction between various subjects of information exchange in transport is a consequence of the global digitalization of public relations, which creates certain risks of enforcing information security, a threat to the information transport infrastructure.

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