Статьи номера | Issue №41

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

All articles in PDF

Lyudmila M. Gruzdeva. Transport crimes in Russia during the COVID-19 pandemic

UDK: 343.346.8

Lyudmila M. Gruzdeva - Candidate of Technical Sciences, docent, Russian University of Transport

Abstract. The current paper has presented the assessment of the impact of the COVID-19 pandemic on the digital characteristics of transport crimes based on the analysis of data of legal statistics of the Prosecutor General’s Office of the Russian Federation and the Ministry of Internal Affairs of Russia. The conducted study allowed making a conclusion that the restrictive measures on transportation, which contributed to the improvement of the criminal situation in transport, had a short-term positive effect, and in 2021 not only the level of crime, but also the danger of it increased. There has been noted that in 2020 there was an immense growth in the number of cybercrimes at the facilities of the transport industry. There has been presented an analysis of all criminal cases under Art. 274.1 of the Criminal Code of the Russian Federation during the years of 2019-2021, the records of which are in the State Antimonopoly Service "Pravosudie".

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Iliya S. Krylov. Problems of countering hooliganism in various modes of transport

UDK: 343.343.3

Iliya S. Krylov - Russian MIA Main Directorate for Transport, ikrylov7@yandex.ru

Abstract. In recent years, there has been a dynamic growth in the passenger transportation sector, excepting the extraordinary situation in 2020 related to the application of restrictive measures. Under these conditions, the organization of work to ensure law and order in railway, water and air transport and to counter the so-called “destructive passengers” is of particular relevance and is one of the priority tasks facing the internal affairs bodies in transport. The current paper has considered the problematic issues of countering the passengers’ hooliganism in transport, requiring additional legislative regulation. There have been suggested some proposals to improve the efficiency of law enforcement agencies and the transport complex, aimed at minimizing the facts of hooliganism in transport.

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Aleksandr S. Parshakov. Enforcement of railway transport security: historical aspects of prosecutor’s supervision

UDK: 347.963:656.2

Aleksandr S. Parshakov - Candidate of Law, reserve Colonel of Justice, Russian University of Transport, Military University of the Ministry of Defense of Russia, alexandrparshakov@yandex.ru

Abstract. The current paper has discussed the features of the implementation of prosecutor’s supervision over the law enforcement while enforcing railway transport security. There have been studied historical and modern approaches to ensuring law and order at the facilities of the country's transport system. There has been emphasized that, in relation to the supervision of the law enforcement in railway transport, since the formation of the Soviet prosecutor's office a hundred years ago, there have been requirements for the specialization of supervision over this type of transport. Throughout the Soviet period, the functions of the activities of the transport prosecutor’s offices were closely related to issues of transport security. At the same time, in various periods of the country’s history, supervision in this area either intensified, including through setting up specialized prosecutor’s offices, or was carried out in a general manner by territorial prosecutor’s offices. Speaking about the present period of enforcing railway transport security, there has been emphasized the specifics of prosecutor’s supervision in modern conditions, which lies in the complex, systemic nature of this activity. Considering the practice of prosecutor’s supervision over the law enforcement while enforcing railway transport security, the author has actively relied on the analysis of the regulatory legal framework that regulated the indicated direction of supervision at each historical period.

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Vladimir Al. Zhavoronkov. Transformation of forensic examination of vehicle markings and its methods at the turn of the XX―XXI centuries

UDK: 347.3/7

Vladimir Al. Zhavoronkov - Candidate of Law, Russian University of Transport, telec121.57@mail.ru

Abstract. The current paper deals with the formation and development of forensic examination of vehicle markings in Russia in the period from the second half of the XX century to the present days. The author has studied the origins of forensic examination, the development and improvement of its methods. Along with the conventional methods that were successfully used up to date, the paper has also highlighted the methods for restoring markings that appeared due to the latest scientific developments both in our country and abroad, including methods related to information and digital technologies. The paper has listed prominent Russian scholars who made a significant contribution to the development of forensic examination, including those currently working at the Law Institute of the Russian University of Transport. Some attention has been paid to the legal framework of forensic examination of vehicle markings, as well as to the development of the structure of the subdivisions of the forensic services of the Main Department of Internal Affairs of Moscow in the specified period.

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Mariya S. Kornukova. Terminological uncertainty of legal regulation of transportation involving various modes of transport

UDK: 347:347.763

Mariya S. Kornukova - Russian University of Transport, KornukovaMS@economy.gov.ru

Abstract. The relevance of the current study is due to the fact that at present the most effective way of transportation, which allows to ensure high freight capacity, speed and timeliness of delivery of goods to their destination and a high level of transport security, is transportation by various modes of transport (direct mixed transportation). At the same time, the legal regulation of direct mixed (multimodal) transportation contains a number of unresolved problems and issues of a legal nature. Therefore, the development of the organization of direct mixed (multimodal) transportation is one of the urgent strategic tasks of the Russian transport sector. The current paper deals with the study of the main terminological approaches of domestic and foreign scientists in describing transportation by various modes of transport. The author has investigated the problem of terminological inaccuracy and the lack of a unified approach to the essence of the concepts of “direct mixed transportation”, “combined transportation”, “transportation in direct mixed traffic”, “intermodal transportation”, “multimodal transportation”. As a result of the analysis of sectoral transport legislation, as well as the draft federal law “On direct mixed (combined) transportation”, there has been identified a number of shortcomings of the modern transport legislation of the Russian Federation, and there have been made proposals aimed at improving it. The purpose of the study was to investigate a system of different views and approaches to the formation of a unified concept of the interpretation of terms in the transport sector, their systematization and improvement. In the paper there has been considered the main advantages of transportation by various modes of transport, and identified a number of problematic aspects in the field of legal regulation of transportation.

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Eduard F. Shakhnazaryan. Logistics of international transportation: impact of the pandemic

UDK: 341.9:656.078

Eduard F. Shakhnazaryan - Main Directorate of Ministry of Justice of Russia

Abstract. The coronavirus pandemic has broken the continuous chain of interaction between the manufacturer and the consumer, forced to make serious adjustments to the logistics of most companies. The current paper, using the example of Russia, China and Europe, examines the impact of the pandemic, as well as the restrictive measures introduced in the field of transportation by various modes of transport. The paper has given a qualification to ‘force majeure circumstances’ on the part of the legislator. An urgent problem is also the fact that the courts of the Russian Federation do not classify the coronavirus pandemic as force majeure circumstances, which deprives the parties of being exempted from civil liability due to the occurrence of such circumstances. Despite this, the current study, using the example of judicial practice, was able to note a tendency for certain indulgences to debtors by the courts (reducing the size of the penalty, penalties, etc.).

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Gennady Yu. Leshchov, Svetlana V. Borisova. Self-regulation in transport education as a kind of legal regulation in transport

UDK: 378.018.43:656

Gennady Yu. Leshchov - Candidate of Economic Sciences, Russian University of Transport

Svetlana V. Borisova - Candidate of Law, docent, Russian University of Transport

Abstract. The current paper deals with the study of self-regulation as a kind of legal regulation in transport education and its organizational forms in the form of self-regulatory organizations established to provide an additional mechanism for monitoring the activities of business entities in this area. There has been proposed a new form of self-regulation in the field of transport education based on the extended and mixed nature of the subject composition of participation. The authors have formulated specific proposals for changing the norms of the legislation on self-regulatory organizations and on education.

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Elena L. Fedorova. Sociological study of professional motivation of the students of Moscow and regional transport universities (communicative aspect)

UDK: 316:378.937

Elena L. Fedorova - Candidate of Philological Sciences, Russian University of Transport

Abstract. The current work is a sociological study of an important scientific problem of professional motivation of students, who receive higher education in the Moscow and regional transport universities. The first-year students studying at the Law Institute of the Russian University of Transport (RUT (MIIT)) and the first-year students studying at the Rostov State Transport University (RSTU) participated in the study. The paper has presented the questionnaire, the answers to the questions of which formed the basis of the current study. The paper has considered the close correlation between motivation of students and their employment after graduation. The study has demonstrated that in the first year of study it is possible to identify students who will not work in the chosen specialty in future. The teaching staff’s efforts to motivate students in the profession could reduce the proportion of those who do not plan to work in the field chosen for training.

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Evgeny A. Nesterov. Legal regulation of drivers’ training schools in Russia

UDK: 351.811.122:629

Evgeny A. Nesterov - Candidate of Law, head of the Law Institute, Russian University of Transport

Abstract. Currently, 70% of drivers’ training organizations are commercial, striving, first of all, for obtaining profit, i.e. to train a student and send him to the state exam in the traffic police as soon as possible. In such a situation, it is no use to talk about the quality and attentive attitude to the problems of drivers’ training. The 2013 driver training reforms not only failed to fully clarify and fill the gaps in the current legislation, but gave rise to new questions that have not yet been answered. According to the Order of the Ministry of Internal Affairs of Russia issued on February 20, 2021 No. 80, there were approved the Administrative Regulations of the Ministry of Internal Affairs of the Russian Federation on the provision of public services for conducting exams for driving licenses. The new rules are a compilation of the best foreign experience that could be applied in Russian conditions. What changes have been made to the rules for passing the exam on a driving license? There is a hope that the toughening of the rules will have a positive impact on the quality of students’ knowledge. In this case, drivers’ training schools will not only have to train for the correct answers, but also ensure a thorough study of the curriculum for future drivers, and its implementation will be checked at an internal exam.

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