Статьи номера | Issue №43

Articles of the journal issue №3 (43) (3rd quarter of 2022)

All articles in PDF

Evgeny Al. Nesterov. Law enforcement in transport as an academic discipline

UDK: 343.35(075.8):656

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

Abstract. The current paper is a scientific and practical commentary and a detailed review of the textbook “Law enforcement in transport”, published by the Moscow publishing house KnoRUS. The textbook systematically presents educational material that reveals the features of law enforcement activities of state bodies and other entities in the transport sector, as one of the most significant and dynamically developing sectors of the Russian economy. There has been considered the status of law enforcement agencies in transport, their structure, concerns, and powers. Special attention has been paid to the peculiarities of law enforcement activities in transport in general and in its individual modes, such as railway, road, air, river, and sea.

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Nikolay Al. Dukhno. Transport education regulators in early 1941. Evaluation of the work experience of Georgy Konstantinovich Evgrafov, professor of MIIT

UDK: 656:94(47)

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

Abstract. In the pre-war years, scientists at the Moscow Institute of Railway Transport Engineers (MIIT) did not think about whether a transport education was necessary or not. They tried to develop transport education, continuing the tradition of their predecessors, who opened transport schools based on classical science. For more than three centuries, there has been a process of developing ways to transform theory into engineering knowledge, directing it to the development of transport capabilities. A prominent supporter of the development of transport education in the 1930s–1940s was Georgy Konstantinovich Evgrafov, professor of MIIT. In fundamental scientific works, the scientist revealed the core of theoretical thoughts, which became a solid foundation for the development of applied transport sciences. It required a professional team capable to conduct research, form transport science and embody it in the minds of a new generation of transport specialists. Such a team, according to G.K. Evgrafov, should have been a department. In his annual reports to the teaching and student staff G.K. Evgrafov according to his scientific values and the skill of an experienced professor, assessed the work of each department over the past year and set tasks for the development of transport education for transport engineers of a new generation. Being the deputy head of MIIT for educational and scientific work, the professor was able to convince his opponent with evidence obtained from scientific sources. His experience proved the facts of the positive organizational and scientific work of the university under the influence of a person with a high scientific outlook, with a rich moral and ethical thinking enriched with legal ideas. The purpose of our study was to establish ways to combine law with other types of transport education regulators and determine their impact on the quality of training specialists demanded by transport in the pre-war period. The research methodology was scientific and cognitive methods for evaluating many materials that reflected the formation of transport education in Russia and at the Moscow Institute of Railway Engineers, the origins of which come from the Institute of Railway Engineers founded in 1896. The analysis of information about transport education was combined with the comparative method and the author’s evaluative techniques, acquired by 40 years of experience and the author’s skills in scientific and teaching activities at the universities.

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Maxim Ar. Maslennikov, Aleksander Ig. Zemlin. Problems and features of commercial concession and franchising agreements in order to provide transport logistics services at the international level

UDK: 347.44:657.07

Maxim Ar. Maslennikov - Russian University of Transport

Aleksander Ig. Zemlin - Doctor of Law, professor, honored scientist of the Russian Federation, Russian University of Transport

Abstract. The current paper is devoted to the problems that arise in the implementation of franchising and commercial concession agreements at the international level in order to promote transport and logistics services. In the context of the study conducted within the framework of this paper, there have been made the conclusions that have both theoretical significance for the correct interpretation of the current state of national sources of law in some states and international legislation in the field of commercial concession and franchising agreements, and practical significance for further improving the legal regulation of these agreements in general. There have been analyzed the main sources of national law of Russia and the United States that regulate relations in the field of the agreements under consideration, as well as international acts. At the same time, the latter, as evidenced by their content, are more advisory in nature and have different aspects even in the field of basic concepts. The conclusions made in the paper indicate the necessity for further unification and systematization of international legislation. One of the main directions in the framework of this activity is the registration of a single international act that systematizes the norms of already existing international legislation and eliminates the contradictions between its provisions. A special attention in a more detailed legal regulation of the contracts under consideration has been proposed to be paid to regional international acts, which are most appropriate to form by analogy with the European Code of Ethics for Franchising.

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Aleksey An. Maksurov. The concept of accidents in water transport

UDK: 656.62.052

Aleksey An. Maksurov - Candidate of Law, P.G. Demidov Yaroslavl State University

Abstract. The current paper has considered the specifics of accidents in water transport. There has been established the complexity and some uncertainty of the very concept of a transport accident. The paper has presented the analysis of the essential features of transport accidents in general and accidents in water transport. According to the author, the concept of a transport incident is associated with the general problem of ensuring transport safety. There has been made a conclusion on the necessity to clarify these concepts, in connection with which there have been proposed the necessary legislation changes. There has been studied a relationship between the concepts of “traffic accident” and “accident”. According to the study results, there is a special understanding of the accident in transport law, which is not reducible to a transport accident as a category.

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Maxim V. Lavrukhin. Strengthening the role of transport security in the national security system

UDK: 327

Maxim V. Lavrukhin - Joint Stock Company “Arktikmorneftegazrazvedka”

Abstract. In the current geopolitical conditions, enforcement of the national security of the Russian Federation is a priority issue. A lot of efforts are being made to implement it. After the start of a special military operation in Ukraine, transport security enforcement has become an important issue, since it is most convenient to make a terrorist act in order to intimidate the population, escalate panic, and activate the anti-war movement in transport. Currently, special services employees properly provide the necessary security. In order to enforce transport security in the south of Russia, there was canceled a communication at a number of large airports that are located near Ukrainian borders. In the current paper, the author has tried to scientifically analyze and critically comprehend transport security as an element of Russia’s national security.

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Artur D. Vardanyan. Features of the placement of transport infrastructure facilities on the urban locality lands

UDK: 349.41:656.02(076.5)

Artur D. Vardanyan - Research and Design Institute of the Moscow General Plan; Kutafin Moscow State Law University (MSAL)

Abstract. The current paper is devoted to the consideration of the features of the placement of transport infrastructure facilities on the urban locality lands. There have been shown the increased requirements for these objects in terms of ensuring the safety of traffic users and the population. There have been shown the contradictions between the requirement to ensure transport accessibility and the negative impact of transport on the environment. There has been substantiated the conclusion about the necessity to take these features into account when planning the territory of urban locality with transport development.

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Svetlana N. Zaikova. Aviation security in the structure of transport security: administrative and legal aspect

UDK: 342.951:351.82

Svetlana N. Zaikova - Candidate in Law, associate professor, FSBEI HE Saratov State Law Academy

Abstract. The study of the place of aviation security in the structure of transport security is substantiated with theoretical and practical requirements in determining the need to preserve or exclude the existing dual legal regulation of legal relations by the norms of air legislation and legislation in the field of transport security. The purpose of the current study was an attempt to identify the concept of the development of Russian legislation in the field of ensuring the security of aviation from acts of unlawful interference. The objectives of the current study included the following: to analyze the international legal framework for enforcing aviation security; to identify the concept and features of aviation security, taking into account the specifics of civil aviation; to answer the questions if there are legal grounds for abandoning the legal concept of “aviation security” and replacing it with the concept of “transport security” and whether it is possible to regulate legal relations arising in the field of enforcing aviation security by the norms of the Federal Law of February 9, 2007 No. 16-FZ “On Transport Security” without parallel regulation of them by air legislation; what changes should be made to the administrative legislation to eliminate the existing excessive regulatory legal regulation of the legal relations in question. As a result of the study, there has been proposed to amend Art. 83 of the Air Code of the Russian Federation.

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Vladimir Al. Zhavoronkov. State registration of vehicles in Russia: history and present time

UDK: 347.3/7

Vladimir Al. Zhavoronkov - Candidate in Law, associate professor, Russian University of Transport

Abstract. The current paper is devoted to the development of the system of state registration of vehicles in Russia, from the moment vehicles appeared on the roads of the country to the present day. The author has gradually and consistently described the changes that took place in this area of state activity when the number of vehicles increased in the country and there were socio-economic transformations in the state and society. A certain place in the paper has been given to the attributes of the state registration of vehicles such as state registration plates, their evolution from a means of ensuring tax revenues to the state treasury to an essential and mandatory element of the national system of registration of vehicles, ensuring their strict accounting and being an effective means of preventing violations of the legislation by owners and drivers of vehicles, as well as the fight against illegal actions in the field of road safety and certain types of criminal offenses. A significant attention in the paper has been paid to the transformations in the system of state registration of vehicles in the period from the end of the last century, when the rapid growth of the vehicles began in Russia and the rate of motorization of the country’s population increased, to the present days. The author has clearly shown those cardinal changes in the system of state registration of vehicles, which made it possible to streamline and largely simplify the process of registering vehicles in the relevant state bodies. There has been shown the possibility of using the current advantages of digital and information technologies for these purposes. The current paper has pointed to certain problems that exist in this area of social relations. In particular, the author has drawn attention to the problem of the so-called “great numbers”, which is actively discussed both on the pages of scientific publications and in the media. The attempts to solve the problem, unfortunately, have so far been unsuccessful.

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Viktor M. Koryakin. Some issues of improving the legal regulation of the opening and closing procedure for railway crossings

UDK: 347.763:656.055.926

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

Abstract. The current paper has analyzed the current legal regulation of the opening and closing procedure of railway crossings. There have been found out the problems associated with a lengthy and excessively bureaucratic procedure, the lack of legal norms related to the reimbursement of the owners of railway tracks for the expenditures caused by the opening and exploitation of railway crossings. There has been substantiated the necessity of empowering the authorized bodies of the constituent entities of the Russian Federation with the right to open railway crossings. There have been formulated definite proposals to introduce appropriate amendments and additions to the legislation.

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Aleksander Ol. Troitsky. The gaps in informing the subjects of prevention of illicit arms trafficking as a criminogenic factor of transport security enforcement

UDK: 343.16:343.344:656.2

Aleksander Ol. Troitsky - Russian University of Transport

Abstract. Countering the illegal arms trafficking in transport is one of the fundamental conditions for the fight against crime. Among other tasks, it is aimed at eliminating the causal complex that gives rise to these types of crimes and is aimed at carrying out preventive work to minimize possible risks in case of their inevitable commission. The problem is so significant since many crimes (murders, robberies, extortion, terrorist acts, etc.) are committed with the use of weapons. The current paper is devoted to the problem of preventing crimes related to the illegal arms trafficking caused by the gaps in informing the subjects of the prevention of illegal arms trafficking.

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