Статьи номера | Issue №44

Articles of the journal issue №4 (44) (4th quarter of 2022)

All articles in PDF

Stanislav V. Bazhanov, Andrey Ar. Malakhov. The role of the linear internal affairs agencies (police) in enforcing security at the transport infrastructure facilities of the Russian Federation

UDK: 351.749

Stanislav V. Bazhanov - Doctor of Law, professor

Andrey Ar. Malakhov - The Russian Presidential Academy of National Economy and Public Administration (RANEPA)

Abstract. The current paper deals with certain issues related to the peculiarities of the legal status of linear departments, departments, and points of internal agencies (police), equally interpreted by the Criminal Procedure Code of the Russian Federation as bodies of inquiry, which, according to the authors, causes rejection. There have been analyzed in detail the norms of federal legislation, as well as other (by-law) normative legal acts of the Ministry of Internal Affairs of Russia, which regulate the procedure for detecting and investigating crimes committed mainly at railway stations by investigators of the linear internal affairs agencies (police).

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Olga R. Afanasieva. Status and trends of recidivism development in transport

UDK: 343.85

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

Abstract. Transport criminality of persons who have previously committed crimes forms an independent object of forensic knowledge. The necessity to establish specific properties, characteristics and trends in the development of recidivist crime determine the relevance of conducting a forensic study aimed at establishing the status and trends in the development of recidivist crime in transport and transport infrastructure facilities, which has an increased degree of public danger and entails larger social consequences. Such scientific and practical developments contribute to the coordination of the activities of all subjects of recidivism prevention, the scientifically based development of managerial decisions, the implementation of effective prevention measures and the formation of federal and regional programs to combat crime. The current paper, based on the data of official statistics of the Federal State Institution “GIAC of the Ministry of Internal Affairs of Russia”, has presented the dynamics of transport crimes committed by people who previously committed crimes in 2017―2022. There has been characterized an indicator of the share of transport recidivism in the structure of investigated crimes in transport. Based on the analysis of indicators reflecting the monthly dynamics of recidivism, there has been presented a model for the development of transport recidivism using the sliding year method. The current paper has also presented the territorial distribution of recidivist crime at transport infrastructure facilities, as a result of which it was found that almost half of recidivist transport crime (47.1%) is investigated by three out of ten Transport Directorates of the Ministry of Internal Affairs of Russia in federal districts. There have been noted positive changes in the structure of transport recidivism. Particular attention has been paid to indicators reflecting the dynamics of a number of identified people who have previously committed crimes, their gender and age structure and existing criminal experience. Also, based on the analysis of indicators reflecting the monthly dynamics of a number of identified people who had previously committed crimes, using the sliding year method, there has been presented a model for the manifestation of criminal activity of repeat offenders.

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Pavel B. Afanasiev, Georgy F. Koimshidi. Status and trends of juvenile delinquency in transport

UDK: 343.851.5:351.749.6

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

Georgy F. Koimshidi - Candidate of Technical Sciences, associate professor, ARRI MDA of RF

Abstract. As an independent object of forensic study of transport security threats, there have been identified a state and trends of juvenile delinquency at transport infrastructure facilities. It is impossible to predict and plan a strategy for combating juvenile delinquency at transport facilities in the absence of an idea of the scale and trends in the development of a criminal phenomenon. The current paper has presented an analysis of the official statistics of the Federal State Institution “GIAC of the Ministry of Internal Affairs of Russia”, reflecting the number of crimes committed by juveniles at transport infrastructure facilities, and the number of persons identified for committing the analyzed crimes, in the period from 2017 to October 1, 2022. Forensic analysis of official statistical data was based on the methods of the increasing year and the sliding year, which allowed to consider seasonal variations in juvenile delinquency. Based on a monthly analysis of statistical data for the period from 2017 to 2022, the authors have graphically presented the wave-like dynamics of juvenile delinquency at transport infrastructure facilities with an upward trend and the number of detected juveniles who have committed crimes, with a downward trend. Data reflecting the geography of juvenile delinquency in transport have shown that most of the analyzed crimes are investigated by the transport departments of the Ministry of Internal Affairs of Russia in the Central and Volga Federal Districts, which is predetermined by the peculiarities of the branching and length of transport routes and infrastructure in Russia. The study of the degree of public danger of juvenile delinquency at transport infrastructure facilities has been presented by analyzing the indicators of the structure of crime according to the category of crimes committed by juveniles and the index of severity of juvenile delinquency.

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Aleksandr Ig. Zemlin. Legal problems of innovative development of the transport industry

UDK: 347.4 (075.32)

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

Abstract. The current paper has presented the main provisions of the report delivered by the author at the International Scientific and Practical Round Table “Theoretical and Applied Perspectives of Legal Support for the Development of the Economy”, organized by the faculty of law of the Belarus State University and the Institute of management personnel of the academy of management under the president of the Republic of Belarus and held on October 21, 2022, at the Belarus State University. Due to the special importance of transport for the economy, the achievement of geopolitical unity and the sovereignty of any country, the necessity for clear and complete legal support and systematic organizational ordering of activities in this area using public law regulation is of great urgency. In modern conditions of Russian reality, the degree of rigor of the legal regulation of transport relations naturally increases. The development of innovative technologies and increase of the autonomy of transport through the use of an automated driving system entail a paradigm shift in the legal regulation of relations in the field of traffic management. The increasing use of highly automated vehicles determines a departure from the previously unshakable postulates about the necessity to ensure a constant driver’s control when driving a vehicle and the presumption of responsibility (including innocent) of the owner of a source of increased danger for damage caused by a car. The objectives of the work were to study the current state and prospects for the legal regulation of relations associated with the use of highly automated vehicles, for the presence of shortcomings; search for ways to eliminate conflicts and gaps in legal regulation. In order to understand the meaning of the norms of the current legislation and verify them for their solidity and compliance with the requirements of practice, there were chosen the formal-dogmatic and systemic methods of special legal research as the main search methods used in the work. Based on the study results, there has been concluded that a number of gaps in the legal regulation of relations associated with the introduction and use of highly automated vehicles create significant obstacles to the effective development of the transport complex using innovative technologies. The formulated proposals to eliminate these gaps can serve the purpose of determining directions for further scientific study of problems that are essential for the innovative development of the economy and transport.

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Nikolay Al. Dukhno. Transport law research methodology

UDK: 347.4(075.32)

Nikolay Al. Dukhno - Doctor of Law, professor, Russian University of Transport, naduhno@ui-miit.ru

Abstract. The current paper has presented the data on the state of the transport law research methodology. Application of an outdated research methodology contributed to a decrease in the level of the scientific basis of the transport law theory. The established commitment to the outdated methodology of the study of legal problems has seriously narrowed the scope of research. Many objective phenomena did not fall into the orbit of research, which excluded the scientific estimation of reality and reduced the value of theoretical developments. Law has become a weak source in replenishing the legal ideas of new legislation. The lack of sufficient legal regulators resulted in the fact that many scientific developments were not introduced into modern transport technologies. Limiting themselves to research on the current legislation, scientists did not delve into the phenomena that caused shortcomings in the transport industry. This approach did not develop a reliable theory of transport law; it stopped to be the basis for the development of transport legislation. Weak, separated from reality, the theory of transport law needs serious scientific strengthening. Methods of scientific knowledge should be aimed at identifying factors that impede the full development of transport. Only objectivity in research and new scientific knowledge can strengthen the transport law theory and transform it into the basis for developing legislation to establish the required order in transport.

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Anton G. Chertkov. Limitation of the international maritime carrier’s liability for cargo non-safety

UDK: 341.225.8:347.91/95

Anton G. Chertkov - LLC “Rockwell Capital”

Abstract. The current paper deals with the consideration of the legal regulation of the limitation of the international maritime carrier’s liability for the cargo in accordance with international standards. There have been presented the historical aspects of the emergence of the idea of limited liability in maritime law to protect shipowners from the burden of liability for cargo non-safety. There has been carried out a comparative analysis of the international legal regulation of circumstances exempting the maritime carrier of goods from liability or limiting its liability under the Hague Rules (1924), the Hague-Visby Rules (1968) and the UN Convention on Contracts for the Wholly or Partially Carriage of Goods by Sea 2008 (Rotterdam Rules). Prior to the adoption of the Rotterdam Rules, the Hague-Visby Rules, a modified version of the Hague Rules, were the main legal act in force. Despite being incomplete and out of date, the Hague and Hague-Visby Rules continue to hold their ground for many major multimodal carriers. Based on this reality, there have been compared the legal norms for limiting a maritime carrier’s liability for cargo non-safety between the Hague, Hague-Visby and Rotterdam rules. There have been considered legal means of limiting a maritime carrier’s liability as integral parts of the set of rules that determine the basis of the carrier’s liability. There has been given an overview of the main innovations on the limitations of a maritime carrier’s liability for cargo in the Rotterdam Rules. Using the comparative research method, there has been conducted a comparison of the rules governing the burden of proof (duty of proof) provided for in the Hague, Hague-Visby and Rotterdam Rules, which are in force in determining the party to the litigation responsible for legally proving the fact of responsibility for the cargo. There have been considered the opinions of authoritative experts in the field of international maritime law on the prospects for the application of the Rotterdam Rules in practice.

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Andrey G. Bebenov. The Arctic Council and the Arctic Five: status, trends, and challenges

UDK: 332.1/98

Andrey G. Bebenov - Federal State Unitary Enterprise “Atomflot”

Abstract. Currently, the issue of our environment and climate safety and preservation has become acute both at the national and international levels. The growing technogenic impact on flora and fauna gives rise to the need for international regulation of relations in the sphere of the use of natural resources. The growing international interest in the Arctic region results in an increase in the study of the problem of determining the legal status of the Arctic. Established in 1996, the Arctic Council deals with solving the problems in the field of determining the legal status of the Arctic and its protection. Within the framework of the current paper, there have been considered the features of the functioning of the Arctic Council, its goals, objectives, and activities. In addition, there has been analyzed the legal basis of international cooperation in the field of Arctic relations. There has been presented not only an estimation of his activities, but also identified the main problems of his functioning in modern society. Identification of the problems makes it possible to establish the most promising and necessary ways of developing international relations, as well as domestic legislation. In addition, there have been considered the features of the activities of the Arctic Five in the field of maintaining international cooperation. There has been identified the peculiarity of the interaction of the countries included in the Arctic Five and given an estimation of their joint work.

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