Статьи номера | Issue №45

Articles of the journal issue №1 (45) (1st quarter of 2023)

All articles in PDF

Valeriy F. Tsepelev. Ensuring transport security in the context of the tasks of the criminal policy of the Russian Federation

UDK: 343.271

Valeriy F. Tsepelev - Doctor of Law, professor, honored lawyer of the Russian Federation, Academy of Management of the MIA of Russia, The Kutafin Moscow State Law University (MSAL)

Abstract. The current paper has considered the concepts of “national security”, “threat to national security”, “tasks of criminal policy” and how they are interconnected with enforcing transport security. The attention has been focused on the National Security Strategy of the Russian Federation in the context of the criminal policy of the Russian Federation. There has been indicated the significance of crime as a threat to the national security of Russia in general, and transport security in particular. There have been analyzed the main threats to transport security and the types of objects of criminal law protection that develop in the considered legal relations. There has been developed an approach to solve the problems related to the strategy and tactics of combating crime in this area, as well as to improve the criminal and related legislation of the Russian Federation.

Статья целиком →

Nataliya Ed. Martynenko, Elena Yu. Titushkina. Criminal policy of Russia in the field of compliance with traffic rules and vehicle operation

UDK: 343.271

Nataliya Ed. Martynenko - Doctor of Law, professor, Academy of Management of the MIA of Russia

Elena Yu. Titushkina - Candidate of law, associate professor, Academy of Management of the MIA of Russia

Abstract. The current paper has considered the criminal policy of the country in relation to crimes in the field of road safety and concluded that since the number of road traffic crimes increases, the country tightens responsibility for their commission. This is especially true of transport crimes committed while intoxicated. It is impossible to protect transport security by criminal legal means without the use of other mean, such as administrative, civil, disciplinary, etc.

Статья целиком →

Elena An. Drozdova, Oksana V. Kochkina. Organizational and legal aspects of activities to enforce transport security

UDK: 351.81

Elena An. Drozdova - Candidate of law, Russian University of Transport (MIIT)

Oksana V. Kochkina - senior researcher, Research Institute of the Federal Penitentiary Service of Russia

Abstract. The current paper has considered the organizational and legal aspects of activities to enforce transport security. The authors have analyzed the main regulatory framework governing transport security in the Russian Federation. The work has focused on the organizational aspects of the activity, namely the allocation of subjects and objects of this activity, the distribution of possible responsibility and existing approaches to this issue. As a result of the analysis, there has been developed an approach, the classification of transport security subjects depending on the type of interest. The proposed approach could help to see some problems, and the proposed classification reflects the effectiveness of the activities of the designated entities and makes it possible to improve activities to enforce transport security.

Статья целиком →

Mariya S. Kornukova. Legal regulation of direct mixed (multimodal) freights in the European Union

UDK: 341:347.463

Mariya S. Kornukova - Russian University of Transport (MIIT)

Abstract. The current paper has presented the study of the system of conventional regulation of the goods’ transportation in direct mixed (multimodal) mode, operating in the territory of the European Union, including the procedure for choosing the applicable law to transport legal relations, as well as methods for distributing responsibility. The author has analyzed the normative and theoretical foundations and factors that determine the choice of the appropriate conventional regulation, and, based on judicial practice, studied the mechanism for the systematic application of international transport conventions to a single contract for direct mixed (multimodal) freights. As a result of the study, the author has concluded that the system of conventional regulation provides the parties of the direct multimodal freight contract with a wide choice of means of their rights’ protection, including the most economically feasible ones, and creates conflict disputes about the application of a particular convention. The author has also studied the prospects for the development of regulation of direct multimodal (multimodal) freights, considering the powers of the European Union. According to the conducted analysis, the author has proposed to use the system of conventional regulation, considering its adaptation and codification to the current conditions for the goods’ transportation in direct mixed (multimodal) mode in the Russian Federation.

Статья целиком →

Irina Iv. Shatskaya, Lyudmila M. Maleshina. Companies of the transport sector of the Russian economy: analysis of investment attractiveness

UDK: 338.47

Irina Iv. Shatskaya - Candidate of Economic Sciences, associate professor, Russian University of Transport (MIIT)

Lyudmila M. Maleshina - Candidate of Technical Sciences, associate professor, Russian University of Transport (MIIT)

Abstract. The relevance of the analysis of the investment attractiveness of companies in the transport sector is due to the presence of projects aimed at the development, establishment, and digitalization of transport infrastructure facilities, which are associated with high costs in a highly competitive environment. The current paper has presented the results of an estimation of the investment attractiveness of Russian leaders in terms of market capitalization in the sector “Transport”, whose shares are traded on the stock market of the Moscow Exchange (MOEX). The authors have considered a set of analytics tools for potential investors that will help with the selection of promising companies for investment in the transport sector, which is one of the most widely diversified, and avoid unjustified risks with investing money. There has been concluded that there is no single methodology for estimating the investment attractiveness of companies, which has allowed the authors to propose their own approach to solving this problem.

Статья целиком →

Igor V. Evstifeev, Mariya An. Matveeva. Legal regulation and prospects for the use of cryptocurrencies in transport

UDK: 336.7:347.7

Igor V. Evstifeev - LLC “EnergoGroup Development”

Mariya An. Matveeva - Candidate of Law, associate professor, Russian University of Transport (MIIT)

Abstract. The current paper has presented the discussion of the possible prospects for using cryptocurrencies as an alternative means of payment in international trade, the transport industry, as well as the prospects for using cryptocurrencies instead of traditional international currencies (dollar and euro), which have lost their leading positions in recent years, primarily for political reasons. There have been considered problematic issues of legal regulation of cryptocurrencies at the international level, in Russian legislation. There have been shown approaches of different states to the regulation of cryptocurrency relations. The main purpose of the paper was to study the gaps and contradictions in Russian and international legislation in the field of regulation of cryptocurrency relations. Achieving the goals is carried out by solving such problems as studying the prerequisites for the development of cryptocurrency as a means of payment, studying the theoretical and legal aspects of the legal regulation of cryptocurrency relations in Russia and abroad.

Статья целиком →

Aleksey M. Voronov. Threats and challenges to the national security of modern Russia in the context of social tension

UDK: 342.3:323

Aleksey M. Voronov - Doctor of Law, professor, Main researcher of RC 4, All-Russian research Institute of the MIA of Russia

Abstract. In the current paper the author has considered the threats and challenges to the national security of the Russian Federation, because of the current negative geopolitical situation in modern society, which are caused, first of all, by the special military operation carried out by the Russian Federation to denazify and demilitarize Ukraine. Also, a significant threat to the national security of Russia in the current conditions of social tension is a cognitive threat based on the use of “vulnerabilities of the human brain” and having a synergistic effect in combination with the man-made pandemic of the coronavirus COVID-19. An equally significant threat to the security of modern Russia is the ethnic component, which has now been transformed from a security challenge into a more capacious concept, namely migration security.

Статья целиком →

Viktor M. Koryakin. Ensuring the survivability of transport systems in the context of a special military operation: legal aspect

UDK: 69.059.4

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

Abstract. The current paper deals with theoretical and practical issues of ensuring the survivability of Russia’s transport infrastructure in the context of a special military operation. There has been shown that most of the publications on the problems of survivability of transport systems are devoted to the study of the stability of their functioning in emergency situations of a technological and natural-technogenic nature (accidents, catastrophes, natural disasters, etc.). However, in the last year, because of the active armed confrontation between Russia and Ukraine, supported by the collective West, the problem of ensuring the survivability of the transport system in emergency situations of socio-political and military origin (war, armed conflict, terrorism, sabotage, etc.) has become significantly more urgent. There has been given an analysis and scientific and practical commentary of legislative and by-laws which regulate the functioning of the transport system in these conditions. There have been made some proposals to improve legislation in this area of public relations.

Статья целиком →

Ekaterina Iv. Kobzeva, Roman S. Khrushchev. On the issue of developing cooperation between the BRICS countries in the field of transport and logistics infrastructure

UDK: 343.702

Ekaterina Iv. Kobzeva - Candidate of law, associate professor, Russian University of Transport (MIIT)

Roman S. Khrushchev - V.I. Vernadsky Crimean Federal University

Abstract. The current paper deals with the issues of interaction between the BRICS countries in the field of transport and logistics infrastructure. There has been considered the insufficiency of a theoretical study of the development of cooperation between the BRICS countries in the field of transport infrastructure. There have been analyzed the adopted joint international documents in this area. There have been considered the prospects for the development of the BRICS countries, and formulated proposals for further interaction between states within the framework of this association. According to the authors, the development of a unified concept for building a transport policy is one of the important areas of activity for both the Russian Federation and its international partners.

Статья целиком →

Dmitry Al. Filippov. Musical works used at railway stations as objects of legal protection

UDK: 78

Dmitry Al. Filippov - Russian University of Transport (MIIT)

Abstract. The current paper deals with the legal aspects of the use of musical works broadcast at railway stations. There has been studied a legal status of a musical work as an object of copyright. There has been characterized the legal protection of the most famous musical compositions, sounding at different times at the railway stations of Moscow, St. Petersburg, Barnaul and Orenburg.

Статья целиком →