Статьи номера | Issue №43

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

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Dmitry V. Kuzakov. Review of scientific research devoted to the disclosure and investigation of crimes related to the provision of services for the transportation of passengers by water and air transport that do not meet the requirements for the safety of their life and health (Article 238 of the Criminal Code of the Russian Federation)

UDK: 343.9


Dmitry V. Kuzakov - Russian State University of Justice


Abstract. There have been analyzed scientific publications devoted to the disclosure and investigation of crimes connected with the services for the transportation of passengers by water and air transport that do not meet the life and health safety requirements. As a result of the study, there has been made a conclusion that at present there is an increase in the number of publications devoted to the topic in question, which suggests that in the foreseeable future, increased interest in certain issues at the investigation stage will result in the emergence of a unified approach to the disclosure and investigation of this type of crimes.

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Kseniya S. Krupysheva. The rule of a navigation error

UDK: 656.086.16


Kseniya S. Krupysheva - State Policy Department of Maritime and Inland Water Transport of the Ministry of Transport of the Russian Federation


Abstract. The liability of the carrier is one of the most important and urgent problems of maritime law. For a correct understanding of any type of legal relationship, it is necessary to pay attention to the features of the civil liability of the parties, which shows the essence of private law regulation. In considering the liability of a carrier, the rule of navigation error is essential, which is the most characteristic feature of the regulation of liability of parties in the maritime law. Currently, there are quite a few studies on the problems of applying the rule of a navigation error, while this topic is discussed among scientists. In the research papers, this rule is not given a proper comprehensive attention, it is considered only as one of the possible cases of limiting the liability of a carrier. They can say that a navigation error is a kind of legal phenomenon in the maritime law that characterizes the peculiarities of legal regulation in legislation.

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Olga Al. Khotko. Theoretical and legal foundations for enforcing environmental security in the international transport activities and in the interaction between the member states of the Eurasian Economic Union

UDK: 346:656.08


Olga Al. Khotko - Candidate of Law, associate professor, Belarusian State University


Abstract. The current paper is a presentation of the content of the report, read by the author at the II International Scientific and Practical Conference “Environmental Security and Transport: Problems of Law”, held on June 3, 2022 at the discussion platform of the Law Institute of the Russian University of Transport (MIIT). The author has carried out an analysis of national and international legislation, the law of the EAEU to determine the most important areas for improving the ways of interaction between states to attract attention to the environmental and economic issues. This situation is due to the consolidation of the sustainable development goals formed in the Resolution of the UN General Assembly “Transforming our world: Agenda for sustainable development for the period up to 2030”. Based on the results of the current study, there have been formulated theoretical conclusions that contribute to the development of applied aspects of the implementation of measures to ensure environmental security in connection with the transport activities.

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Ivan V. Kholikov, Mariya S. Kupriyanovich. National interests of the Russian Federation in enforcing security in the Arctic region

UDK: 332.021:356/359


Ivan V. Kholikov - main researcher, professor, Institute of Legislation and Comparative Law under the Government of the Russian Federation

Mariya S. Kupriyanovich - Institute of Legislation and Comparative Law under the Government of the Russian Federation


Abstract. The current paper is devoted to problematic issues related to the deepening of contradictions between members of the world community in the Arctic region, due to the aggravation of the international situation because of ongoing global processes. The emerging threats to the national security of the Russian Federation in the Arctic gives rise to the necessity to maintain defense potential and strategic stability of the Russian Federation in the Arctic, as well as to provide favorable conditions for a fair delimitation of maritime spaces in the interests of the country’s socio-economic development. Due to it, the importance of the Northern Sea Route as one of the most effective tools for ensuring the interests of Russia in the Arctic is of great urgency, the use of which relates to several factors that invariably contain an international political component. There have been considered in detail the issues of the formation, development and functioning of the Northern Sea Route. There have been substantiated the conclusions about its strategic importance in ensuring Russia’s interests in the Arctic, which are focused on the economic and social development of the Arctic zone of the Russian Federation.

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Sergey Al. Semenov. The features of transport security. Legal conflicts at the safety zones around artificial islands, installations, and structures

UDK: 342.951:351.82


Sergey Al. Semenov - FASRT Russian Maritime Security Service


Abstract. The establishment of safety zones around artificial islands, installations, and structures operated and used in the exclusive economic zone and on the continental shelf of the Russian Federation is one of the elements of their security. It is provided for by both maritime law and transport security legislation. However, there are conflicts between their norms, which are not resolved in favor of special norms yet. As a result, the Government of the Russian Federation has not identified artificial islands, installations and structures located on the continental shelf of the Russian Federation, which are transport infrastructure objects, around which safety zones are established. As a result, transport infrastructure entities have no legal grounds for implementing the measures provided for by transport security legislation in safety zones. There is uncertainty in the competence of the FSC of Russia, the Ministry of Internal Affairs, and the Ministry of Defense of the Russian Federation, which negatively affects the planning and implementation of measures to enforce security of installations and structures. According to the conducted analysis, there has been concluded that any violations of the boundaries of safety zones and the security measures by unauthorized vessels, floating craft or persons do not entail criminal or administrative liability envisaged by the Criminal Code of the Russian Federation or the Code of Administrative Offenses of the Russian Federation for violation of transport security requirements. The current paper has proposed solutions to the identified collisions.

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