Статьи номера | Issue №41

Articles of the journal issue №1 (41) (1st quarter of 2022)

All articles in PDF

Yuliya V. Ryzhova. The history of the establishment and activities of the transport police in the Russian Empire

UDK: 342.51

Yuliya V. Ryzhova - The history of the establishment and activities of the transport police in the Russian Empire

Abstract. The historical experience of railways’ functioning in the Russian Empire and their protection is of particular interest nowadays. At the same time, the experience of transport police functioning, which was established in 1867 and existed until 1917, remains little studied. The current paper has considered the stages of evolution of the transport police activities in the Russian Empire on the example of the largest formations of the Separate Corps of Gendarmes, i.e. the gendarmerie police departments of railways, formed in the second half of the XIX-th century. Being formed in difficult domestic political conditions, the gendarmerie police departments of the railways played a significant role in the police system for enforcing the internal security of the Russian Empire. The establishment of specialized gendarmerie formations made it possible to provide all the necessary types of protection on the railways. The paper has focused on the fact that, being, in fact, the political police, the gendarmerie police departments of the railways also performed a number of special functions assigned to them. The general principles of the activities of these departments were as follows: strict centralization, clear organization and interaction with a number of central state institutions of the Russian Empire. The paper has considered the main activities of the gendarmerie police departments of railways related to enforcing transport security in the Russian Empire.

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Nikolay Al. Dukhno. Legal science and engineering knowledge

UDK: 347.463:62

Nikolay Al. Dukhno - Doctor of Law, professor, Russian University of Transport

Abstract. At the end of the XIX-th century, in the early years of the formation of the Moscow Engineering School (now the Russian University of Transport) with the participation of the Ministry of Railways, legal science (jurisprudence) was included in the process of training engineers. The jurisprudence formed on the basis of theoretical legal science became the subject of attention of the Ministry of Railways. In 1899, for the Moscow Engineering School, the department developed and approved a special program for teaching legal sciences to students. The program and the course of jurisprudence prepared turned out to be unique in its content and structure. Thinking transport workers felt the engineer’s need for legal knowledge as a legal source of information. The engineer, in addition to special knowledge and skills, was required to be a highly cultured person, to know and understand the legal mechanisms of the railways structure and operation, to stand firmly on legal principles in his professional activities. The evaluation of the program and the course of jurisprudence, compared with the study of law today, made it possible to make conclusions about the directions for the formation of the legal knowledge of engineers, whose training is carried out at the Russian University of Transport. The purpose of the current study was to obtain information about the place of legal knowledge in the structure of engineering knowledge, formed at the early stage of setting up the Moscow Engineering School. The content of legal knowledge can become a source of information for the development of concepts of legal influence on the development of engineering knowledge at the Russian University of Transport at the present. The methodology of the research was made by the scientific methods of cognition of the information about the ways of setting up a new transport university; about the methods of forming the engineering knowledge structure; about the methods of determining the content of legal knowledge in the engineering knowledge structure. Methods for identifying, evaluating, analyzing, comparing, verifying information about training of engineers in the XIX-th century accompanied the accumulation of knowledge and the formulation of the conclusions set forth in the paper. The method of comparing the obtained data with knowledge, confirmed by the rich research experience of the author, has developed the conditions for reasonable conclusions on the current study.

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Aleksandr P. Ovechkin. The essence and content of the concept of “acts of unlawful interference” in transport

UDK: 654.1:006.354

Aleksandr P. Ovechkin - Doctor of Philosophical Sciences, professor, Russian University of Transport

Abstract. After the adoption of the Federal Law “On Transport Security”, the term “acts of unlawful interference” firmly entered and became fixed in the legal transport terminology. However, its fixation in legislation caused a great controversy about the essence and content of this concept. Meanwhile, their application in theory and practice largely depends on terminological certainty and accuracy. It is no coincidence that the slogan of the ancient Roman laweyrs was “absoluta sententia expositore non indigent”, which means “a clear meaning does not require explanation”. Legal terms work effectively in case they are clearly defined and understood. Therefore, in the current paper, the author, joining the ongoing discussion on the term “acts of unlawful interference”, has made an attempt to give his own interpretation, to analyze the pros and cons of the legally established definition of this concept.

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Sergey Al. Semenov. About the concept of “transport security enforcement forces”

UDK: 342.951:351.82

Sergey Al. Semenov - head of the Federal Budget Institution “Marine Security Service”

Abstract. One of the key concepts for the Federal Law “On Transport Security” is the concept of “transport security enforcement forces”. The significance of this concept lies in the fact that it outlines the circle of persons who ensure the protection of transport infrastructure facilities and vehicles from acts of unlawful interference. However, a systematic analysis of the definition has shown that at present the concept of “transport security enforcement forces” does not contribute accuracy, unambiguity and certainty in the regulation of legal relations and does not help to reveal the essence and meaning of regulatory legal acts in the field of transport security. Thus, some lexically identical phrases used in the concept are interpreted by the law in different ways, others do not correspond to the interpretation offered by the law itself. The law does not reveal the composition of the transport security enforcement forces, does not determine the legal status of people related to them, with the exception of certain elements of the legal status of employees of departmental security. The list of categories of employees of the transport security forces can only be determined through an analysis of typical additional professional programs in the field of their training, which looks unnatural from a legal point of view. The requirements for enforcing transport security by means of transport practically do not disclose the rights and obligations of people who are part of the transport security enforcement forces. The law and the requirements for enforcing transport security by means of transport do not contain norms imposing or determining the procedure for imposing responsibility for their implementation on the person responsible for transport security. At the same time, the precise and unambiguous use of legal concepts plays an important role in preventing the deformation of legal norms. The current paper has offered a critical analysis of the concept “transport security enforcement forces” and has given proposals for its improvement, including a new definition and a concept “a person responsible for enforcing transport security in a transport infrastructure subject, at a transport infrastructure facility, a vehicle”.

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Alisa V. Yanelis. Formation of a transport service quality management system

UDK: 656.6/8

Alisa V. Yanelis - Russian University of Transport

Abstract. In order to improve the service provided to passengers, there have been studied the competitive positions of the organization, current and potential opportunities of competing enterprises. Based on the study results, there have been calculated possible ways of market development of the activities of transport organizations. The current paper has presented a quality management system for transport services, covering the main stages, parts, mechanisms for its research and improvement. For this, there have been considered main stages of the service quality management of the transport company. The author has identified the components of the quality of passenger service and their impact on the competitiveness of the company. The author has also identified priority areas for improving the service quality for a passenger railway transport company. The paper has demonstrated the Ishikawa’s cause-and-effect diagram in the analysis of the quality of passenger service, for which aspects that affect the service quality were analyzed. Determining priority guidelines for improving quality, the management of the railway organization has a selective influence on specific elements and forms a strategy aimed at achieving the expected level of competitiveness of enterprise.

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Gennady Yu. Leshchov. Directions for improving legislation in the field of dangerous goods’ transportation by railway

UDK: 347.463:656.2.073(075.8)

Gennady Yu. Leshchov - Department of State Policy in the Field of Railway Transport of the Ministry of Transport of Russia

Abstract. The author of the current paper has considered and substantiated urgent issues about the specifics of the dangerous goods’ transportation by railway. Features of such cargoes (due to physical properties, dangerous properties that require special care during transportation, capable of harming both a person and the environment), as well as the specifics of transportation by one of the most common modes of transport predetermine the necessity to develop certain regulatory approaches to such transportation. At the same time, the main goal-setting in such transportation is the prevention of negative impact on the environment. The current paper has focused on the main priority directions in the field of ensuring environmental safety in the dangerous goods’ transportation by rail. There have been risen questions of responsibility for causing environmental harm. As a result of the study, there have been proposed possible additions to the rules for dangerous goods’ transportation and the rules for the transportation of liquid cargo in bulk in tank vehicles and bunker-type vehicles for the transportation of oil bitumen, aimed at eliminating the negative impact on the environment caused by dangerous goods transported in cars, containers, as well as wagons-tanks, and creating equal competitive conditions for consigners.

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Anastasiya S. Semicheva. Issues of delegating a part of the authorities to solve administrative offenses in the field of road safety to the constituent entities of the Russian Federation

UDK: 342.9:351.811

Anastasiya S. Semicheva - Candidate of Law, docent, Russian University of Transport

Abstract. The current paper was prepared on the basis of the Order of the President of the Russian Federation following the meeting of the Presidium of the State Council of the Russian Federation on October 19, 2021, on the delegating some authorities to solve administrative offenses in the field of road safety to the constituent entities of the Russian Federation. In this regard, the paper has summarized the statistics on traffic accidents in the Russian Federation, giving a description of offenses in the field of road traffic. There have been also proposed the changes to be introduced into the regulatory legal acts of the executive authorities of the constituent entities of the Russian Federation in the field of road safety.

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Igor V. Kiselevich. Capabilities of using graphic editors for the reconstruction of traffic accidents

UDK: 343.98 (347.948.2)

Igor V. Kiselevich - Candidate of Law, docent, Russian University of Transport

Abstract. Reconstruction of a traffic accident is one of the stages of a transport and trace study. In accordance with the current forensic methods, the verification of the interconnection between the damages on the victim’s vehicle and on the guilty vehicle is carried out using the methods of transport traceology, based on the analysis of the nature of the deformations and the direction of the forces that caused damage to assemblies and parts of the vehicles, as well as traces on the vehicles, roadway and objects with which the vehicles interacted during a traffic accident. In cases where it is not possible to study the vehicles themselves and reconstruct road accidents on the road, a graphical model of vehicle collisions is built based on data from accident documents, photographs, etc., including the use of graphic editors. The current paper has described the capabilities of modern graphic editors for the reconstruction of traffic accidents (on the example of the CorelDRAW graphic editor).

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Kseniya Ev. Dovgan, Nataliya Ev. Kovalenko. Concrete definition of the liability standards for dangerous driving in the legislation of the Russian Federation

UDK: 340.11

Kseniya Ev. Dovgan - Candidate of Law, docent, Altai State University

Nataliya Ev. Kovalenko - Altai State University

Abstract. Ensuring road traffic safety is the primary issue of the state to create conditions for a healthy and prosperous life of the population. The current paper deals with the analysis of the problems of introducing the legislative structure “dangerous driving” into the Code of Administrative Offenses of the Russian Federation. Unfortunately, the legal composition of “dangerous driving” has not been fully developed yet either at the legislative level or at the doctrinal level, which can result in difficulties in law enforcement practice. The paper has considered the issue of characteristics of the objective side of dangerous driving within the framework of the legal composition of an administrative offense. There has been analyzed the concept “dangerous driving”, and made the conclusions about possible problems in its interpretation.

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Viktor M. Koryakin. Railway transport security system and the role of departmental security of the Federal Agency for Railway Transport in its provision

UDK: 347.463:656.2

Viktor M. Koryakin - Doctor of Law, professor, Russian University of Transport, Korjakinmiit@rambler.ru

Abstract. The current paper has presented a legal analysis of the railway transport security system, there has been given a description of the main elements of this system. There has been disclosed a role of the subjects of security enforcement in railway transport. Particular attention has been paid to revealing the place and role of this system and the tasks solved by the departmental security of Roszheldor. There has been formulated an author's concept of “railway transport security”, there has been substantiated a necessity to coordinate the activities of all entities involved in security enforcement.

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