Статьи номера | Issue №40

Articles of the journal issue №4 (40) (4th quarter of 2021)

All articles in PDF

Yuliya P. Popova. Reasoning about the form of guilt in transport crimes

UDK: 343

Yuliya P. Popova - Candidate of Law, associate professor of the department of criminal law disciplines of the Institute of State and Law of the Tyumen State University

Abstract. The current paper has presented the analysis of the subjective side of criminal offenses in transport. There has been noted that basically the legislator associates a careless form of guilt with “transport” crimes, since it directly indicated it in the dispositions of restrictive norms, others could be committed only with direct intent, since the legislator described them in the form of so-called formal compositions. There are several crimes against traffic safety and the operation of transport, and the literal interpretation of the articles in which they are enshrined does not allow us to unequivocally say what form of guilt they imply. All mentioned above applies to parts 3 and 4 of Art. 263.1, parts 2, 4, 6 art. 264 and Art. 267 of the Criminal Code of the Russian Federation. There has been defined recklessness of the legislator, who included in the qualified corpus delicti such a reckless crime as violation of requirements in the field of transport security, such forms of complicity as a group of persons in a preliminary conspiracy and an organized group. This legislative novel was not caused by existing law enforcement practice. Moreover, it is contrary to the doctrine of criminal law. After all, complicity according to Art. 32 of the Criminal Code of the Russian Federation is possible only in intentional crimes. There has been proposed to exclude these qualifying signs from Art. 263.1 of the Criminal Code of the Russian Federation. The design of such a reckless crime as violation of traffic rules and the operation of vehicles does not correspond to the traditional concept of guilt. Since it includes in compositions with aggravating circumstances such signs as intoxication, leaving traffic accident scene, which provide for the deliberate behavior of the perpetrator. There has been proposed to exclude these qualified compositions from Art. 264 of the Criminal Code of the Russian Federation, as well as to supply the Criminal Code of the Russian Federation with an independent Art. 264.2. In Art. 23 of the Criminal Code of the Russian Federation there is necessary to mark the state of any type of intoxication as an aggravating circumstance. In addition, there has been proposed to include Art. 68.1, which would provide for specific limits of punishment for any crime committed under the effect of any kind of toxins. After the additions made by the Federal Law of December 30, 2020 No. 526-FZ “On Amendments to Article 267 of the Criminal Code of the Russian Federation”, there has been ambiguously determined the subjective side of such a crime as disabling vehicles or communication lines. The paper has proved the mixed form of guilt in Part 1 of Art. 267 of the Criminal Code of the Russian Federation and the double form of guilt in qualified compositions of parts 2-6 of Art. 267 of the Criminal Code of the Russian Federation. Deliberate blocking of transport communications, transport infrastructure facilities or obstruction of the movement of vehicles and pedestrians on the communication routes, road network, if these acts created the threats described in the norm, have been proposed to introduce in a separate article 266.1 of the Criminal Code of the Russian Federation.

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Vladimir Al. Zhavoronkov. Some problems of traffic safety and prevention of traffic accidents caused by tailgating another vehicle

UDK: 343.3/.7

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

Abstract. The current paper has considered some of the features of the mechanism of traffic accidents caused by tailgating another vehicle. There has been substantiated the urgency of the study with the presentation of the necessary statistical data characterizing the state of traffic safety both in our country and abroad. There has been reviewed domestic and foreign scientific sources, which highlighted the problem under study and the problems directly related to it (setting the driver's reaction time, speed limit when moving, stopping and braking, etc.). The paper has also paid attention to some psychological characteristics of the driver's personality and their influence on the possibility of an accident. Studying the issues of ensuring traffic safety, the author has proposed, in addition to using internal reserves to reduce traffic accidents, to rely on the positive foreign experience accumulated by other countries in this direction. Considering the theoretical issues related to the definition of a safe distance, the author has confirmed the significant impact of this indicator on traffic safety with the collected experimental data. The current paper has also analyzed some methods for determining the safe and optimal distance between vehicles in the traffic, substantiated the necessity for additional research in this direction on the basis of specialized scientific institutions that have an appropriate experimental base. In conclusion, the author has proposed to make some amendments to the legal and regulatory framework governing the traffic rules and the operation of vehicles.

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Elena V. Protas, Ekaterina An. Gorbunova. Features of the carrier’s liability for violation of the contract for the railway transportation of goods

UDK: 347.463

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

Ekaterina An. Gorbunova - student of the Law Institute of the Russian University of Transport

Abstract. The efficiency of the transportation mainly depends on the legal regulation in this area. The current paper has considered the features of the carrier’s liability when violating the obligations of the railway transportation of goods. Currently, the problems of applying the current legislation remain unresolved. It concerns both general provisions on the transportation of goods and special legislation, especially in the field of the rights and obligations of the carrier and his liability. The legislation regulating the railway transportation of goods has been formed by nowadays. Despite this, the norms of transport legislation often contradict the norms of general civil legislation, which creates problems in resolving disputes. Therefore, the topic of the carrier's liability is of special importance, since under the contract for the railway transportation of goods, the main liability is on a carrier, namely the railways.

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Svetlana V. Borisova. Civil law status of the subjects of vehicle drivers’ vocational training in the context of the ratio of public and private interests in transport

UDK: 347.4:651

Svetlana V. Borisova - Candidate of Law, 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 considered the specifics of the organizational and legal forms of economic entities that train teachers and drivers of vehicles of various categories and subcategories. There has been noted that economic entities of various organizational and legal forms and forms of ownership, including entrepreneurs, whose main purpose is to make a profit, have the right to provide educational services. The author has made a conclusion about the relationship between the quality of the services provided for the training of teachers and masters of a driving training with the organizational and legal form of an economic entity. In order to improve the quality of professional vehicle drivers’ training and enforce transport security, there has been proposed to consolidate in the current legislation the special status of organizations that train teachers and masters of a driving training in the form of non-profit institutions and autonomous non-profit organizations.

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Denis Ev. Zaykov. Features of legal regulation and problems of judicial practice of the application of a mandatory pre-trial procedure for resolving disputes on the contracts of compulsory motor third-party liability insurance

UDK: 347.45/.47

Denis Ev. Zaykov - Candidate of Law, associate professor of the department ‘Civil law, international private law and civil procedure’ of the Law Institute of the Russian University of Transport

Abstract. Disputes between insurance companies and consumers (third parties who have acquired rights of consumers’ claim against an insurance company) arising from compulsory civil liability insurance contracts for vehicle owners are widespread. In this connection, the introduction of a mandatory claim procedure for their resolving with the participation of the financial consumer ombudsman has created the necessary conditions both for their prompt, high-quality and legal resolution, and for the exercise of the right to go to court. At the same time, the existing legal regulation of the institution of the claim procedure for resolving disputes on the contracts of compulsory motor third-party liability insurance allows for ambiguous interpretation, and the judicial practice of its application has multidirectional development, which negatively affects the possibility to protect the rights and legitimate interests of consumers and determines legal uncertainty in these relations. The author of the current paper has analyzed the existing problems of the relevant legal regulation and judicial practice, and suggested ways to resolve them.

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Elena L. Fedorova, Olga N. Skuybedina, Olga V. Semaeva. On the issue of current tendencies in written legal communication in the transport system

UDK: 316.28:656

Elena L. Fedorova - Candidate of Philological Sciences, associate professor of the department ‘Methodology of law and legal communication’ of the Law Institute of the Russian University of Transport

Olga N. Skuybedina - Candidate of Philosophical Sciences, docent, associate professor of the department ‘Methodology of law and legal communication’ of the Law Institute of the Russian University of Transport, associate professor of the department of foreign languages of the National Research University MPEI

Olga V. Semaeva - Candidate of Pedagogical Sciences, associate professor of the department of foreign languages of the NPPEI HE MFIU “Synergy”, associate professor of the department of foreign languages of the National Research University MPEI

Abstract. The current paper has considered the problem of the emergence of legal communication in the field of transport law. There have been presented some features of written speech, characteristic of the present days. The paper has identified deviations and shifts in written communication, allowing the development of texts related to transport and transport security and safety, as well as the rules for the implementation of professional and personal communication.

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Aleksandr Iv. Sidorkin. Labor relations under the conditions of application and use of unmanned vehicles

UDK: 631.856.8

Aleksandr Iv. Sidorkin - Doctor of Law, professor, head of the department 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 considered the problems of legal regulation of labor relations in transport under the conditions of the use of unmanned vehicles. There has been conducted the analysis of the current labor legislation and made the conclusion about the absence of legal regulation of labor relations. There has been established the necessity to regulate the legal status of persons working with unmanned vehicles, the possibility of concluding and terminating employment contracts, and especially their responsibility. There has been determined a specific of the work of employees serving a new mode of transport in order to ensure the transport security of Russia. Particular attention has been paid to the legal regulation of the staff labor whose work is directly related to the movement of unmanned vehicles, their special disciplinary responsibility. There has been identified the need to develop labor legislation and occupational Safety and Health standards for transport employers and workers using unmanned vehicles in order to ensure their safe and uninterrupted work.

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Nikolay Al. Dukhno. Milestones of science of the Russian University of Transport: project concept

UDK: 656.2:001

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

Abstract. The current paper has a purpose to acquaint readers with the concept of a scientific project aimed at finding, systematizing and disclosing the content of a huge amount of scientific papers on transport topics, prepared by scientists of the country's leading transport university over its 125-year history. According to the author’s idea, the preparation and publication of a fundamental collection of scientific papers that had a fruitful impact on the development of the transport industry in Russia, will allow positioning the Russian University of Transport as a center of scientific transport thought, creating conditions for the introduction of works of transport scientists of different generations which were previously published but are still inaccessible to a wide range of readers.

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Aleksey S. Kharlanov, Elena Iv. Sherysheva, Viktoriya Al. Pavlova. Geoeconomic transformation of the integration group of the Eurasian Economic Union and estimation of the participation of the People’s Republic of China in this process

UDK: 339.923

Aleksey S. Kharlanov - Candidate of Technical Sciences, Doctor of Economics, professor of the department of world economy of the FSEPI HE “Diplomatic Academy of the Ministry of Foreign Affairs of the Russian Federation”

Elena Iv. Sherysheva - Deputy Director of the department of transport and infrastructure of the Eurasian Economic Commission (EEC)

Viktoriya Al. Pavlova

Abstract. The current paper has presented the history of the evolution of the processes of modern integration group formation on the example of the Eurasian Economic Union. There has been considered the role of the People's Republic of China in promoting the ideas of cooperation between the countries of the Eurasian Economic Union and the search for joint sales markets and opportunities for creating and developing VAT chains. There have been given the possible scenarios for the transformation of the Eurasian Economic Union in the global scale and in interaction with the republics of the former USSR as a strategic union of the geoeconomic significance of Russia’s influence.

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Anna Al. Chebotareva, Yana P. Romanova. Digital transformation of public administration and economy: trends in human resource policy and education

UDK: 338.24:378

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

Yana P. Romanova - specialist of staff management of the Main computing center of JSCo “RZD”

Abstract. The current paper has considered the issues related to the impact of digitalization on the needs for training technical specialists, lawyers, human resource specialists, economists in the context of digital transformation. For the transport industry, the issue of training qualified staff in this area is currently of great relevance. The authors have presented the approaches that are at the core of the modern training of qualified staff, taking into account the development of information and telecommunication technologies and the transition to an automated process in many areas of public life. The changes taking place have determined the revision of the specialists’ training, since, taking into account these processes, it is necessary to form new competencies and skills.

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