Статьи номера | Issue №42

Articles of the journal issue №2 (42) (2nd quarter of 2022)

All articles in PDF


Anatoly M. Skrynnik. Transport security enforcement in the context of naval training of civil ships’ crews: a brief legal analysis

UDK: 359:656.08


Anatoly M. Skrynnik - Candidate of Economic Sciences, The Russian Presidential Academy of National Economy and Public Administration (RANEPA); Member of the International Maritime Law Association


Abstract. There has been conducted a brief legal analysis of transport security enforcement in the context of naval training of civil ships’ crews. There has been presented a genesis of the establishment and activities of the institute of captain-instructors for naval training of civil ships’ crews in the system of state management of maritime economic activity in the USSR and the Russian Federation. There has been established a role and importance of naval training of civil ships’ crews to enforce navigation security in wartime and during the current armed conflicts. There has been indicated a place of naval training of civil ships’ crews in the system of transport security enforcement. Based on the study results, there has been drawn a brief conclusion on the introduction of naval training of civil ships’ crews in the overall system for enforcing transport security, as well as on the necessity to establish close interaction between the services for enforcing transport security of the services of seaport captains with the appropriate forces and means of the Navy, the maritime border service of the FSB of Russia and the maritime service of the Russian Guard.

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Nikolay N. Pestov, Vladimir V. Kiryukhin. Scientific support of the activity of the Ministry of Internal Affairs of the Russian Federation in the field of transport security

UDK: 342.95


Nikolay N. Pestov - Candidate of Law, Academy of Management of the Ministry of Internal Affairs of Russia

Vladimir V. Kiryukhin - Candidate of Law, associate professor, Academy of Management of the Ministry of Internal Affairs of Russia


Abstract. Currently, the study of transport security is prominent in the educational sphere. There is a tendency in many educational organizations to use study results to improve education and expand partnerships between research and practice. The current paper has presented the study of research activities of the employees of the Academy of Management of the Ministry of Internal Affairs of Russia, related to enforcing transport security, the implementation of the results of this activity in the educational process and the operational and service activities of the territorial bodies of the Ministry of Internal Affairs of Russia in transport. The first part of the paper deals with the research issues and its connection with the educational process. The second part contains the most interesting research projects and their impact on the efficiency of the activities of the territorial bodies of the Ministry of Internal Affairs of Russia in transport. In the final part there have been discussed the prospects considered for these research papers in the field of transport security.

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Oleg Ig. Matyukhin. Problematic issues of determining air transport facilities serviced by internal affairs bodies

UDK: 351.814


Oleg Ig. Matyukhin - Academy of Management of the Ministry of Internal Affairs of Russia


Abstract. The current paper deals with the characteristics of air transport facilities from the point of view of their service by the internal affairs bodies. The organizational activities of the law enforcement agencies under limited resources should be aimed at optimizing the process of ensuring public safety at air transport facilities. The methodological basis of the study was the general dialectical method of scientific knowledge, as well as the methods of deduction and induction, generalization, and description. There has been conducted an analysis of normative legal acts of the Ministry of Internal Affairs of Russia and the Ministry of Transport of Russia in the field of aviation and transport security. There has been substantiated a content of some objects of the air transport complex, considering their criminality and the greater possibility to commit illegal acts on them. There have been clarified some objects that are of interest for ensuring public safety on them. There have been drawn conclusions that security at air transport facilities is enforced by a targeted approach in organizing the activities of the law enforcement agencies, aviation security services (operators) and departmental security of the Ministry of Transport of Russia.

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Valery An. Novikov, Valentina Iv. Shiyan. Hijacking of air or water transport means or railway rolling stock as a threat to transport security

UDK: 343.346.56:656.08


Valery An. Novikov - Candidate of Law, associate professor, Russian University of Transport

Valentina Iv. Shiyan - Candidate of Law, associate professor, Russian University of Transport


Abstract. All world countries consider transport security enforcement as the priority area of their activity, since the effective operation of all modes of transport determines, first of all, the state of protection of national interests from external and internal threats, the progressive development of all spheres of public life. In this regard, it is essential to eliminate threats to transport security, one of which is an infringement of the functioning (movement and operation) of transport means, i.e. their hijacking, as well as seizure for the purpose of hijacking, especially when such acts involve violence, use of weapons or commitment of crimes of a terrorist nature. The current paper contains the results of the analysis of scientific material and materials of judicial practice and statistical indicators of the Ministry of Internal Affairs of Russia for the period from 2017 to 2021 on the crimes envisaged by Art. 211 of the Criminal Code of the Russian Federation, which made it possible to determine their current state, dynamics and tendencies, legal nature, to identify the debatability of a number of provisions (in terms of a specific object and a subject of crime), to pay attention to urgent issues of qualification, a stage of the crime, the specifics of the subjective side. There has been emphasized the characteristics of qualifying traits associated with the use of violence, weapons or items used as weapons, associated with terrorist activity. The study of normative legal acts regulating social relations in the related areas of their application has led to the formulation of definitions related to the subject of the analyzed crime. According to the authors, the insignificant absolute values of the analyzed type of crime recorded by official statistics are primarily due to the efficiency of the activities of the subjects of combating transport crimes and do not reduce their public danger degree.

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Olga R. Afanasieva. State and tendencies of development of some types of transport crimes

UDK: 343.3/.7


Olga R. Afanasieva - Doctor of Law, associate professor, Russian University of Transport


Abstract. In order to develop a scientifically based system for transport crime prevention, it is necessary to conduct research on certain types of crime at transport facilities and transport infrastructure. In this regard, it seems important, relevant, and timely to conduct a study on the stated issues, since in modern conditions transport acquires even greater strategic importance and is considered as one of the life-supporting sectors of the country's economy. Various types of crimes are committed at transport and transport infrastructure facilities, both ordinary, environmental, related to drug and weapon trafficking, and related to commercial fraud and corruption. Based on official statistics, the current paper has presented the structure of transport criminality in 2021, given a general description of the tendencies in the development of commercial fraud and corruption, as well as those related to drug trafficking both in Russia and in its federal districts. For each type of transport crime, there has been estimated its territorial spread by identifying the federal districts in which there was a significant increase or decrease in the analyzed types of crimes. In the paper, there has been focused on the dynamics of the development of bribery in transport, including certain types of its components, as well as crimes qualified under Art. 228 and 228.1 of the Criminal Code of the Russian Federation, prevailing in the structure of crimes in the field of drug trafficking in transport. There have been drawn conclusions indicating that in order to form an effective criminal policy in the field of combating transport criminality, it is necessary to continue conducting additional study to monitor the state of transport crimes and the criminogenic factors that determine it.

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Pavel B. Afanasiev, Georgy F. Koimshidi. Current state and tendencies of transport crime development

UDK: 343.988


Pavel B. Afanasiev - Candidate of Law, Russian University of Transport

Georgy F. Koimshidi - Candidate of Technical Sciences, associate professor, NRI of the Ministry of Interior of the Russian


Abstract. The current paper has substantiated the allocation of transport crimes as one of the independent types of crime in Russia, the study of which is not only of theoretical, but also of practical interest. In order to understand the main tendencies of transport crime development, the authors have studied official statistics for the period from 2017 to 2021. Based on the study of statistical data, there has been noted a wavy dynamic in transport crime development and periods of its growth and decrease, indicating average value of the number of registered crimes. There has been also shown the dynamics of the number of persons identified for committing transport crimes, which in 2021 does not correspond to the all-Russian one and is characterized by a slight increase after a four-year decrease. Based on data characterizing the territorial distribution of transport criminality there have been identified the North Caucasian Federal District and the Central Federal District as the region with the highest rates of crime growth. In addition, the current paper has presented the study results of the structure of transport criminality in terms of severity and a crime severity index, calculated based on the average maximum possible term of sentence for a crime. Due to the analysis of the data, there has been drawn a conclusion that there were negative changes in the qualitative characteristics of transport criminality.

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Valery L. Popov. Examination of transport documents: concerns and solutions

UDK: 343.148.63


Valery L. Popov - Russian University of Transport


Abstract. The current development of transport can’t exist without its documentation support. In cases of their non-compliance with the established requirements, the transported cargo and goods can be confiscated, detained, or even simply lost. In addition, a transport document is not only logistics, but it is a wide range of all activities of the transport industry. Therefore, the document in the transport infrastructure is one of the important components of ensuring guaranteed and safe operation of transport. It often becomes not only an object, but also an instrument of a crime, which is confirmed by statistics for 2020. Therefore, one of the issues of ensuring guaranteed and safe operation of transport is a use of measures aimed at detecting and preventing forgery of transport documents. Even though most of the documents are being converted into e-format, which undoubtedly contributes to the solution of this problem, it will not be possible to eliminate the use of hard copies of documents soon. This concern can be solved only with the involvement of handwriting specialists being experienced in technical examination of documents. At the same time, the forgery of transport documents is mainly associated with the technical forgery of a signature, where there are several unresolved issues that nullify the process of handwriting expertise. In the current paper there have been proposed some ways to solve this concern.

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Mariya S. Kornukova, Viktor M. Koryakin. Features of ensuring safety of goods in direct mixed transportation

UDK: 347.463:656.025.4


Mariya S. Kornukova - Russian University of Transport

Viktor M. Koryakin - Doctor of Law, professor, Russian University of Transport


Abstract. The current paper deals with the problematic issues of ensuring safety of goods in direct mixed transportation, i.e., by several modes of transport under a single transport document. There have been identified the gaps in the legal regulation of the issues of protection of transported goods, especially when they are transferred for transportation from one mode of transport to another. There have been proposed some measures to improve transport legislation in this area.

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Vera V. Smirnova, Sergey Al. Pravkin. Legal basis for application of the concession model in the transport sector

UDK: 347.463:658.115


Vera V. Smirnova - Candidate of Law, associate professor, Russian University of Transport, veryvera@list.ru

Sergey Al. Pravkin - Candidate of Law, associate professor, Russian University of Transport, Pravkin@bk.ru


Abstract. The current paper has presented the analysis of application of the concession financing model in the transport sector. The concession model, being a kind of public-private partnership, is innovative, allowing making public partner agreements with the private sector, developing managerial and financial potential. The use of the concession model by the public partner does not require large costs, which go to private business and project financers. The concession model is a model of cooperation between a customer and a contractor-concessioner is the most popular in the transport sector. At the same time, risks, costs, obligations are shared. The joint implementation of investment projects makes it possible to obtain an agreed result related to the modernization and operation of the transport sector. At the same time, the concession is a successful mechanism for sustainable growth. The purpose of the paper was to study the legal basis of the concession model, to identify legal ways to ensure the financing of the concession, which, in turn, ensures the effective management of the financial assets of the parties.

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Tatiana B. Mordvinova, Aleksandr S. Skaridov. Law regulation of port state control to reduce ships’ vulnerability to cyber attacks

UDK: 341.225:004


Tatiana B. Mordvinova - Maritime Law Agency (St. Petersburg); Admiral Makarov State University of Maritime and Inland Shipping, mla@oceanlaw.ru

Aleksandr S. Skaridov - Admiral Makarov State University of Maritime and Inland Shipping, alexskar94@hotmail.com


Abstract. Today, the process of digitalization is increasingly active in the field of maritime transport, namely electronic navigation is developing, management processes are being automated, software products are being introduced into almost all ship systems such as communication, cargo handling and management, ship control, ship power equipment, power supply, etc. The development and adoption of law regulations aimed at reducing ships’ vulnerability to cyber-attacks, the actions of malicious software and, as a result, increasing navigation security is a function of state control in the field of the maritime industry, and a responsibility of a captain of the seaport. Cyber threats are not a new phenomenon for the maritime industry, but the regulatory framework for counteraction is in the process of formation. According to the authors, the main responsibility of e-information circulation control in relation to ships in ports should belong to the seaport administration, and the development of law regulations should belong to the government.

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