Статьи номера | Issue №47

Articles of the journal issue №3 (47) (3rd quarter of 2023)

All articles in PDF

Sergey Al. Semenov. Parts of the transport security zone: conceptual problems

UDK: 342.951:351.82

Sergey Al. Semenov - Maritime Security Service

Abstract. Any legal institution is characterized by establishing its own special, unique conceptual apparatus, arising from the specifics of regulated social relations. The accuracy and unambiguity of legal concepts contributes to a common understanding of legal norms, ensures integral regulation of specific social relations, and prevents possible abuses of law. Transportation security, as a legal institution, is no exception. During its establishing, formation and development, there were introduced many new concepts into legal circulation. However, not all of them have received legal definitions to date. Until now, transport security legislation has not defined the concepts of “ground part of a transport infrastructure facility”, “underground part of a transport infrastructure facility”, “air part of a transport infrastructure facility”, and “above-water part of a transport infrastructure facility”. The definition of these concepts is important for planning and implementing measures to ensure transport security. Also, there is no explanation of the purpose of dividing a transport infrastructure facility specifically and only into the above-mentioned parts. The current paper has offered a critical look at the concepts of “ground part of a transport infrastructure facility”, “underground part of a transport infrastructure facility”, “air part of a transport infrastructure facility”, and “above-water part of a transport infrastructure facility”, there has been substantiated the opinion on the advisability of their exclusion from the legislation on transport security.

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Sergey Iv. Girko, Aleksey M. Voronov. Organization of regional administration activities in the field of ensuring public safety

UDK: 342.519

Sergey Iv. Girko - Doctor of Law, professor, Security Research Center of the Russian Academy of Sciences, honored scientist of the Russian Federation

Aleksey M. Voronov - Doctor of Law, professor, Security Research Center of the Russian Academy of Sciences

Abstract. Based on the analysis of fundamental documents in the field of national security of the Russian Federation, as well as regulatory legal acts of the constituent entities of the Russian Federation, the current paper has stated that in more than 30% of the constituent entities of the Russian Federation, there have been formed the institutional foundations of public administration in the field of ensuring public safety, which predetermined the establishment of a special regional body, whose competence includes various issues in the field of ensuring public safety.

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Viktor M. Koryakin. Scientific and methodological approaches to the development of a professional standard for a specialist in the field of railway transport security (part 1)

UDK: 656.265

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

Abstract. The current paper has presented a rationale for the need to develop a professional standard for a specialist in the field of transport safety in railway transport and implement it into practice personnel activities in transport. Based on the study and comparative legal analysis of current professional standards in other areas of transport activity, there have been considered the main approaches to the formation of the structure and content of the professional standard “Specialist in the field of ensuring railway transport security”. There have been formulated the main labor functions and labor actions performed by this specialist, as well as the requirements for the skills and abilities that he must possess. There has been shown that the official approval and implementation of this professional standard will ensure uniform approaches to the formation of professional competencies among transport security specialists, will form a methodological basis for the development and implementation of relevant educational standards in the system of higher and secondary vocational education, as well as in the system of professional retraining and advanced training of specialists in this profile.

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Marianna Yu. Filippova. International maritime labor law: legal nature and classification in the legal system

UDK: 341.225

Marianna Yu. Filippova - Candidate of Law, associate professor, Russian University of Transport (RUT MIIT)

Abstract. The current paper has formulated the definition of international maritime labor law, analyzed its subject and method of legal regulation. There has been studied relationship between public international and private international law in the regulation of labor relations of sailors, the role and place of international maritime custom in labor regulation in maritime transport.

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Ekaterina Al. Silacheva. Legal prerequisites for recognition of sea towing by rescuing

UDK: 656.61

Ekaterina Al. Silacheva - LLC “Nautilus-Insurance Consultants”

Abstract. The transition from simple sea towing to rescue is a debatable issue: whether towing will be recognized by the court/insurer/other organization as rescue or simple towing. The current paper has examined international conventions governing rescue issues and drawn parallels with Russian legislation. There has been identified the main criterion for recognizing towing as a rescue, it is the presence of danger. In the insurance process, the decision to recognize the existence of danger remains at the discretion of the insurance organization. At the same time, the position of the shipowner and rescuer often does not coincide with the opinion of the insurer, which leads to the need to resolve this issue in court.

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Vitaly V. Klyuev. Legal status of maritime autonomous surface ships according to an autonomy degree

UDK: 347.79

Vitaly V. Klyuev - head of the Department of state policy in the field of maritime and inland water transport of the Ministry of Transport of Russia

Abstract. The current paper has presented the analysis of the legal status of maritime autonomous surface ships (MASS) depending on the degree of their autonomy, and has considered the problem of their definition in Russian law, taking into account international standards. The author has analyzed various aspects of regulation, such as civil liability, maritime safety, and the development of appropriate legislation to ensure the safe operation of autonomous ships in seaports and on the high seas.

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Andrey V. Velichko. Legal problems of reducing the negative impact of grain dust on humans on maritime transport vessels

UDK: 656.61

Andrey V. Velichko - Far Eastern maritime agency “Fescontract International”

Abstract. According to the data presented for 2022, the share of sea transport of grain cargo is about 11% of the total number of goods transported by sea (data from the UN Statistics Division, United Nations Statistics Division). In accordance with the International Safety Management Code, shipowners are obliged to ensure the safety of life and health of ship crews. The International Maritime Organization has developed international guidelines and requirements for the transport of bulk cargo around the world. Based on data on the nature of chronic diseases of sailors associated with the negative impact of grain dust on their health, there has been concluded that shipowners and port services often neglect the threat posed by grain cargo to the life and health of sailors, which in turn aggravates the current condition the question under study.

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Vareriya V. Andrianova, Ekaterina Iv. Kobzeva, Ekaterina V. Ushakova. Civil legal and administrative regulation of the use of the transport environment for disabled people

UDK: 347.44

Vareriya V. Andrianova - Candidate of Law, associate professor, Moscow State University of Humanities and Economics

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

Ekaterina V. Ushakova - Candidate of Law, associate professor, Russian Customs Academy, Vice-President of the Moscow Bar Association “Victoriya”

Abstract. The current paper has substantiated the importance of providing an accessible environment for disabled people and people with limited mobility. The current paper has presented the results of an analysis of the compliance of the parameters of transport infrastructure objects with the recommended values according to the accessibility criterion. There has been considered the order, procedure, and conditions for ensuring accessibility of transport infrastructure facilities and services provided for disabled people, as well as providing them with the necessary assistance. There has been given a justification for how federal government bodies, government bodies of constituent entities of the Russian Federation and local governments, as well as organizations, regardless of their organizational and legal forms, provide disabled people including people who use wheelchairs and guide dogs, with such conditions as unobstructed access to transport infrastructure facilities and services provided, unlimited use of railway, road and city ground electric transport in urban, suburban, intercity traffic, the ability to independently move around the territory where transport infrastructure facilities are located, entering and exiting such facilities, boarding into and out of a vehicle, including using a wheelchair, accompanying disabled people with persistent visual impairments and independent movement disorders and providing them with assistance at transport infrastructure facilities. There has been given an analysis of the norms on administrative liability (Article 9.13 of the Administrative Code of the Russian Federation) for failure to comply with the requirements to ensure accessibility for disabled people in buildings, structures, and the adjacent territory.

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Aleksandr S. Parshakov, Alexey A. Parshakov. On the issue of qualification of crimes in modern conditions: military transport aspect

UDK: 342.9

Aleksandr S. Parshakov - Candidate of Law, associate professor, Russian University of Transport (RUT MIIT); Military University of the Russian Ministry of Defense, reserve colonel of justice

Alexey A. Parshakov - Military Prosecutor's Office of the Western Military District, Lieutenant Colonel of Justice

Abstract. The current paper has studied the issue of changing the state approach to criminal policy, which laid the foundation for the development of wartime criminal legislation. At the same time, there has been emphasized that the legislator took a selective approach to changing this criminal legislation, focusing on the classification of only part of the crimes, unreasonably leaving several articles in the previous edition, including military transport crimes, such as abandoning a sinking warship, violating driving rules or operation of machines, violation of flight rules or preparation for them and violation of navigation rules. Moreover, most of these crimes are blanket, since they are associated with violation of the rules that are established by regulatory legal acts and local regulations, both in peacetime and in combat situations. In addition, there have been given the examples and other reasoned arguments to justify the need to qualify these military transport crimes during periods of mobilization or martial law, wartime, or in conditions of armed conflict or hostilities. In addition to proposals to introduce the qualification under consideration into the indicated crimes of the chapter on crimes against military service, there has been proposed to make an addition to the chapter on crimes against the order of government of the Criminal Code of the Russian Federation, while there has been proposed to criminalize acts directed against the order of mobilization and ensuring the regime of martial law or wartime, due to failure to fulfill military transport obligations. Proposing changes to the criminal legislation related to the need to qualify military transport crimes and criminalize acts of failure to fulfill military transport duties during periods of mobilization or martial law, wartime or in conditions of armed conflict or combat operations, the author has relied on the practice of the activities of military authorities, prosecutor’s office and military investigative authorities.

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Aleksey An. Maksurov. Conclusion and testimony of an expert and specialist: similarities and differences

UDK: 343.1

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

Abstract. Based on an analysis of the current criminal procedural legislation, there have been studied the most popular “objective” sources and forms of obtaining special knowledge in practice: the conclusion and testimony of an expert and specialist. The current paper has shown the similarities and differences between these types of evidence and has also drawn attention to the features of their estimation by the preliminary investigation body and the court. There has been concluded that it is necessary to change the criminal procedure law in the sense that a specialist should become the basic procedural figure among them.

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