Статьи номера | Issue №39

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

All articles in PDF

Nikolay Al. Dukhno. State of legal environmental protection on water transport in Russia

UDK: 629.5.068.3

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

Abstract. The purpose of the current paper was to determine the state of the environment in the field of water transport; to establish the influence degree of water transport on environmental pollution; to identify the role of legal means in environmental protection in the field of water transport; to substantiate the necessity for new measures to improve the legal impact in environmental protection in the field of water transport. The current study was carried out on the basis of scientific methods of search, assessment, comparison, statistics, forecasting, as a means of understanding theoretical, normative legal and practical sources, reflecting the processes of protection of water facilities used by water transport. The method of analyzing sources that contain information on the state of water facilities, on the degree of their pollution, on the impact of the right to protect water facilities in the field of water transport on the water pollution effect on human health provided substantiation of the current conclusions. There has been established that the harmful effect of water transport objects and means is not so great in comparison with other sources of pollution of water facilities and the environment in the regions where water transport operates. There has been identified low efficiency of the influence of legal sources and legal means on the relations arising during the legal protection of the environment at water transport facilities. There have been established the incompatible processes between the adoption of laws and their implementation in legal relations for the protection of water facilities, inconsistencies between the legal requirements for environmental protection and activities that pollute water facilities. There have been made the conclusions about the weak influence of legal sources and legal means on the environment protection in the field of water transport. The study has confirmed the necessity to develop new legal measures to ensure favorable environment in the field of water transport. The impact of water transport on the unsatisfactory state of water facilities is not the main source of environmental pollution, but measures of legal impact on water transport activities can achieve a legal order, the level of which will ensure the environment preservation that is friendly to human health and natural objects. This requires significant changes in the sources of law and the means of its implementation in the legal order on water facilities. The development of legal sources and legal means should be carried out in new ways that ensure law transformation into a functional tool, an individual into a person with a stable legal worldview. The direction of such development forms the legal conditions for legal order formation that guarantees environment preservation not only on water facilities, but also on other natural objects in a human friendly condition.

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Roman Al. Mazhinskiy. Use of digital technologies in driver’s identification to detect and investigate the ‘car sharing’ thefts

UDK: 343.711

Roman Al. Mazhinskiy - lecturer of the Law College of the Russian university of Transport

Abstract. The current paper has considered the legal and technical problem of driver’s identification in a short-term ‘car sharing’. Due to a special electronic-digital procedure for concluding a lease agreement and access to obtaining a service and a vehicle, the cases of unlawful vehicle seizure without the purpose of theft using a fake (someone else's) account have become more frequent. The author has analyzed some of the existing and widely used digital technologies in various industries and proposed their implementation for the suppression, detection and investigation of ‘car sharing’ thefts.

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Arstangali Am. Nurushev, Olga V. Stanovaya. Primary fingerprints’ investigation and identification of unidentified corpses found on railway transport

UDK: 343.985.7

Arstangali Am. Nurushev - Candidate of Law, associate professor of traceology and ballistics of the Volgograd Academy of the Ministry of Internal Affairs of the Russian Federation

Olga V. Stanovaya - lecturer of the department of criminalistics of the Volgograd Academy of the Ministry of Internal Affairs of the Russian Federation

Abstract. The current paper has discussed some of the features of corpses’ fingerprinting directly at the place of accident and the problems associated with it while examining transport crime scenes. By means of generalized experience, there has been given a practical advice on fingerprinting of found corpses, taking into account the effects of unfavorable factors, low temperatures, postmortem changes in the surface of tissues and muscles, namely rigor mortis, body corruption, maceration. The current paper has described the techniques and methods of corpses’ fingerprinting in situations that occur at the crime scene. The applied algorithm of actions will significantly improve the work of specialists in this area, taking into account the above features.

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Vladimir Eg. Sudenko. Problematic issues of attracting specialists to transport crimes’ investigation

UDK: 343.985

Vladimir Eg. Sudenko - Candidate of Law, docent, 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 considered the certain problematic issues that arise when using special knowledge in transport crimes’ investigation. Particular attention has been paid to the help of specialists when inspecting transport crime scenes, since even the most experienced specialist with a large amount of legal knowledge is unlikely to be able to correctly describe individual evidences found at the crime scene, correctly name this or that evidence or its destroyed part without the help of transport specialists. There has been noted that it is objectively impossible for one person (an investigator) to master all the intricacies of the most various transport modes, including railway transport, sea, aviation, subway, land transport. Moreover, each of the transport industries has a lot of transport infrastructure facilities. Only the help of specialists in a particular transport branch makes it possible to effectively investigate transport crimes. The attention has been drawn to certain gaps and drawbacks of the criminal procedure legislation, which negatively affect the determination of the competence and practical skills of a specialist involved in conducting certain investigations and preparing a report on questioned issues that require special knowledge for their resolution. There have been described in detail the requirements for the competence and knowledge of a specialist who was invited to carry out investigations or for consulting services on the questioned materials and in transport criminal cases. There have been identified the grounds for disqualification of a person invited as a specialist from participation in the investigation.

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Vladimir Al. Zhavoronkov, Igor V. Kisilevich, Vitaliy N. Khrustalev, Elena An. Shkoropat. Use of specialized knowledge for transport crime investigation

UDK: 343.98

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

Igor V. Kisilevich - Candidate of Law, docent, associate professor of the department “Criminal law, criminal procedure and criminalistics” of the Law Institute of the Russian University of Transport

Vitaliy N. Khrustalev - Doctor of Law, professor, professor of the department “Criminal law, criminal procedure and criminalistics” of the Law Institute of the Russian University of Transport

Elena An. Shkoropat - Candidate of Law, docent, 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 considered the use of special knowledge when conducting a preliminary investigation of crimes committed at transport infrastructure facilities. There have been summarized the scientific aspects and practical approaches (including on the basis of personal forensic experience) of using forensic knowledge and attracting specialists to participate in investigative and operational-search activities in order to establish the circumstances that contribute to the objective and effective investigation of transport crimes. There have been presented the possibilities of using the results of special knowledge application at transport facilities. There have been given the recommendations on attracting specialists to assist in obtaining search and evidentiary information, verifying various operational-search and investigative versions and recreating the events at a crime scene. The results of the current study can be used in the activities of the agencies of preliminary investigation, inquiry, forensic organizations, as well as in the educational process in specialties “Forensic examination”, “Legal support of national security” and “Law enforcement”.

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Elena V. Protas, Dmitry P. Skrypnichenko. Features of the carrier’s liability under the contract of maritime cargo shipment

UDK: 347.763

Elena V. Protas - Doctor of Pedagogical Sciences, Candidate of Law, professor, professor of the department “Civil law, international private law and civil procedure” of the Law Institute of the Russian University of Transport

Dmitry P. Skrypnichenko - student of the Law Institute of the Russian University of Transport

Abstract. The current paper has considered the contract of maritime cargo shipment, as well as issues of legal regulation of the sea carrier’s liability. Among the civil contracts concluded in the field of transport, it is the contract of cargo shipment that is one of the leading. The problem of the carrier’s liability under the contract of maritime cargo shipment is inappropriately one of the most relevant in maritime law, since these disputes, firstly, are very common in judicial practice, and secondly, they penetrate into the sphere of interests of each counterparty. In the scientific literature, opinions differ regarding the carrier’s fault. The paper has touched upon the features of regulating the sea carrier’s liability in case of terms’ violation, cargo damage, loss or shortage, navigation error. The situation of cargo delivery terms’ violation is still one of the most urgent in the Russian maritime law. The authors of the paper have made suggestions on determining a measurement unit for the cargo delivery delay and on the penalties for these actions. It’s necessary to choose a way to unify the rules for maritime cargo shipment, ratify a single international treaty, expand the limit of compulsory carrier’s liability and their further development and reflection in national legislation in order to prevent the fragmentation of maritime practice.

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Sergey F. Mazur, Elena V. Karpycheva. Improvement of civil law norms aimed at ensuring sustainable development of the Russian economy in modern conditions (on the example of transport industry)

UDK: 651.011.42

Sergey F. Mazur - Doctor of Law, professor, professor of the department of civil law disciplines of the Institute of International Law and Justice of the Moscow State Linguistic University, main researcher of the Research Center of the the Ministry of Internal Affairs of Russia

Elena V. Karpycheva - Candidate of Historical Sciences, docent, 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 has presented the issues of improving civil law, aimed at ensuring sustainable development of the Russian economy in modern conditions. There has been conducted the analysis of the amendments made to a number of legislative acts governing and regulating the functioning of the transport industry of the Russian Federation. There has been determined significance of the Federal Law of June 8, 2020 No. 168-FZ “On the Unified Federal Information Register containing information about the population of the Russian Federation” for the transport industry.

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Denis V. Iroshnikov. Formation and development of security theory in Russia

UDK: 614.8

Denis V. Iroshnikov - Candidate of Law, docent, 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 examined the formation and development of security theory in Russia as an integrated system of scientific knowledge. This process was analyzed not only from the organizational point of view (when and which scientific organizations, teams, scientific schools, working groups and individual scientists were engaged in this issue), but from a scientific point of view. The first issue of the current study was to identify specific scientific results that researchers achieved at one stage or another of the security theory formation. The security theory development was relatively long and objectively difficult, since it had been politically and ideologically influenced during the period of the USSR. In this regard, security theory began to actively develop only after the collapse of the USSR. The new socio-political conditions served to form a fundamentally different security paradigm, implying its broad understanding. This served as the impetus for the emergence of a number of relevant scientific studies devoted to theoretical security issues, including conceptual-categorical and structural-functional aspects. Since security is an interdisciplinary scientific category, its theory formation occurred in parallel in philosophical, legal, political, sociological and other sciences. Legal scholars have achieved particular success in the study of theoretical aspects of security, since the relevant studies were based on the study of the relevant branch of the legislation of the Russian Federation. In this regard, it has been necessary to distinguish between security theory and various variations of the legal security theory. The conducted analysis of the security theory genesis in Russian science allowed with a certain degree of convention to single out three stages in the security theory development, each of which has been characterized by a corresponding contribution to its development. The current study is intended to become a methodological basis for further research in the field of theoretical foundations of security and national security, as well as its types.

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Olga M. Zemlina, Maksim M. Gaditsky. Analysis and ways to improve legislation on railway transport security

UDK: 347.463:656.265

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 of the Russian Federation, member of the direction ‘Transport security’, an expert of the Scientific-Advisory Section of the Center for Security Studies of the Russian Academy of Sciences (SAS CSS RAS)

Maksim M. Gaditsky - Master’s Degree student of the Law Institute of the Russian University of Transport

Abstract. The current paper has considered the legislative component of enforcing railway transport security as an integral element of the national security of the Russian Federation. There have been considered such basic concepts as “transport security zone” and “anti-terrorist security of an object” of the railway infrastructure. There has been proved that counteracting terrorism is impossible without putting transport infrastructure facilities into categories and approving security criteria for rolling stock. There have been studied organizational and legal conditions for railway transport operation and, on their basis, there have been made recommendations for further improving the regulatory framework in the field of railway transport security.

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Dariya Al. Dinets, Anatoliy S. Merkulov. Application of the transport corridor management principle to the organization of the Trans-Siberian Railway activitie

UDK: 338.28

Dariya Al. Dinets - Candidate of Economic Sciences, associate professor, head of the department “Economics and management in railway transport” of the Irkutsk State Transport University

Anatoliy S. Merkulov - Candidate of Economic Sciences, docent, associate professor, head of the department “Economics and management in railway transport” of the Irkutsk State Transport University

Abstract. The current paper has studied possibility to estimate adaptability of the world experience in transport corridor managing, including international, to the process of organizing and managing the Eastern railway test range. Particular attention has been paid to the analysis of the possibilities to implement the corridor management principle on the Trans-Siberian Railway to have possibility of competitive interaction with the railways of Europe, East and Central Asia in the framework of international transport construction projects. There has been conducted a comparative analysis of the management practices of intermodal transport corridors according to access universalization and intermodality stimulation. There have been found out the conditions and prerequisites for achieving commercial payback of transport construction and integration projects due to priority areas, cargo types, types of rolling stock and the role of international transport integration in achieving the goals of socio-economic development of regions. There has been determined that the focus on long-distance transportation of bulk cargo hampered the implementation of the transport corridor management principle on the Trans-Siberian Railway. There has also been proven that a vertically integrated structure with a network of unequal functional and territorial branches with fundamentally different goals prevented the possibility of providing non-discriminatory access to the railway transport infrastructure, including for intermodal transport operators. The lack of competitive advantages in interconnected transport modes is also a prerequisite for the non-profitability of transport construction and integration projects, the involvement of mass players in exchange market in the carrying and carrying capacity of integrated carriers. Finally, there have been given the key directions of improving the Trans-Siberian Railway system of organization and management in order to ensure competitiveness, to obtain positive effects from the implementation of projects for organizing railway test ranges, as well as effective integration into projects for the development of international transport corridors.

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