Статьи номера | Issue №48

Articles of the journal issue №4 (48) (4th quarter of 2023)

All articles in PDF


Review of the International Conference “Urgent Issues of the Maritime and Inland Water Law in the Current Geopolitical Conditions” (Russian University of Transport (MIIT), Moscow, October 18, 2023)

UDK: 347.79


Sergey B. Burkhanov - Candidate of Economic Sciences, associate professor, head of the Maritime Institute, Far Eastern State Technical Fisheries University (FESTFU) (Vladivostok), honorary worker of fisheries of Russia

Evgeniya V. Burtseva - Maritime State University named after admiral G.I. Nevelskoy

Vitaly Yu. Gorbunov - Maritime State University named after admiral G.I. Nevelskoy

Nadezhda Al. Butakova - Doctor of Law, head of the department of state and international law, St. Petersburg State Maritime Technical University

Aleksandr B. Maksimov - Candidate of Technical Sciences, associate professor, Kerch State Maritime Technological University

Aleksandr V. Gadeev - Doctor of Philosophical Sciences, professor, Kerch State Maritime Technological University

Diana Al. Podolyan - Sedov Water Transport Institute ― the branch of the Admiral Ushakov State Maritime University, Member of the International Association of Maritime Law

Ekaterina P. Suponina - Admiral Makarov State University of Maritime and Inland Shipping

Aleksandr S. Skaridov - Doctor of Law, professor, head of the department of international and maritime law, Admiral Makarov State University of Maritime and Inland Shipping

Olga Al. Khot’ko - Candidate of Law, associate professor, Belarus State University


Abstract. The first international research and practical conference “Urgent Issues of the Maritime and Inland Water Law in the Current Geopolitical Conditions” took place at the Russian University of Transport. The event brought together more than 120 participants from the Arctic to Vladivostok, including managers of the maritime and river transport industry, scientists, and leading specialists in international maritime law, as well as representatives of industry educational institutions and international experts from Minsk, Greece, Tunisia, etc. During the discussion, the participants discussed topical issues of international maritime and river law, namely the practical aspects of the work of the maritime industry and the problems of its legal regulation; dwelt in detail on the problem of autonomous shipping in the Russian legal system; told participants about the use of digital technologies in sea and river transport. Interest of the participants was risen by the discussion on the legal protection of Russia’s national interests in the Arctic, the development of the Northern Sea Route, Russia’s role in the fight against international maritime piracy, as well as the legal status of the ship’s captain, his powers, functions, and responsibilities. In conclusion, the conference participants noted the close connection between legal science and practice, the active position of the Department of Maritime Law and International Law of the Law Institute of RUT (MIIT) in training specialists for the maritime and river transport industry.

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Review of the II All-Russian Research and Practical Conference “Legal Support of National Security. In the memory of A. A. Prokhozhev” (RANEPA, Moscow, April 21, 2023)

UDK: 000


Oleg F. Akbashev - Candidate of Technical Sciences, deputy head on scientific work of the Research Center of the FSB of Russia, colonel

Kirill V. Alekseev - Candidate of Philological Sciences, associate professor, dean of the faculty of Russian philology and national culture of Ryazan State University named after S. A. Yesenin

Viktor P. Berkut - Doctor of Philosophical Sciences, professor, head of department of the Military Academy of the Strategic Missile Forces named after Peter the Great, full member of the Academy of Military Sciences

Aleksandr Yu. Vinokurov - Doctor of Law, professor, professor at the University of the Prosecutor's Office of the Russian Federation

Aleksey M. Voronov - Doctor of Law, professor, professor, chief researcher of Research Center 4, All-Russian Research Institute of the Ministry of Internal Affairs of Russia

Sergey Iv. Gir’ko - Doctor of Law, professor, head of the Center for Security Studies of the Russian Academy of Sciences, honored scientist of the Russian Federation

Denis V. Iroshnikov - Doctor of Law, associate professor, head of the department of legal support of national security at the Institute of Law and National Security of the Russian Presidential Academy of National Economy and Public Administration (RANEPA)

Dmitry Yu. Kamyshansky - senior lecturer of the faculty of law, Moscow University named after A. S. Griboyedov (IMPE named after A. S. Griboyedov), member of the Expert Advisory Council under the Council of the Parliamentary Assembly of the Collective Security Treaty Organization

Irina B. Kardashova - Doctor of Law, professor, professor of the department of fundamentals of prosecutor’s activities of the University of the Prosecutor’s Office of the Russian Federation

Petr N. Kobets - Doctor of Law, professor, chief researcher of the All-Russian Research Institute of the Ministry of Internal Affairs of Russia

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

Igor Al. Kuzmin - Candidate of Law, associate professor, associate professor of the department of theory and history of state and law of the Irkutsk Law Institute, branch of the University of the Prosecutor’s Office of the Russian Federation

Vladislav R. Ovcharov - partner of FMG Group (FMG LLC)

Ruslan V. Puzikov - Candidate of Law, associate professor, associate professor of the department of civil law of the Institute of Law and National Security of the Tambov State University named after G. R. Derzhavin

Vladimir M. Redkous - Doctor of Law, professor, leading researcher in the sector of administrative law and administrative process of the Institute of State and Law of the Russian Academy of Sciences

Tamara V. Sazonova - Candidate of Law, associate professor of the department of civil law of the Russian State University of Justice

Aleksandr Al. Smirnov - Doctor of Law, associate professor, leading researcher of Research Center 4, All-Russian Research Institute of the Ministry of Internal Affairs of Russia

Aleksandr Al. Soloviev - Candidate of Law, associate professor of the department of law disciplines of the Astrakhan branch of the Russian Presidential Academy of National Economy and Public Administration (RANEPA)

Vladimir L. Suvorov - Doctor of Political Sciences, professor, dean of the faculty of national security of the Institute of Law and National Security of the Russian Presidential Academy of National Economy and Public Administration (RANEPA), honorary worker of higher professional education of the Russian Federation

Aleksey V. Chepus - Doctor of Law, professor of the department of legal support of public administration and economics of the Law Institute of the Russian University of Transport (MIIT)

Yuliya G. Fedotova - Candidate of Law, associate professor of the department of state law of the Kurgan State University

Konstantin V. Cherkasov - Doctor of Law, associate professor, professor of the department of constitutional and administrative law of the All-Russian State University of Justice (RPA of the Ministry of Justice of Russia)

Sergey Al. Sharonov - Doctor of Law, associate professor, professor of the department civil and labor law, civil procedure of the Moscow University of the Ministry of Internal Affairs of the Russian Federation named after V.Y. Kikot, professor of the department of jurisprudence of the Volga Branch of Volgograd State University, honorary worker of the education sphere of the Russian Federation


Abstract. There has been presented an overview of the II All-Russian Research and Practical Conference “Legal Support of National Security. In the memory of A. A. Prokhozhev”, held on April 21, 2023, at the Institute of Law and National Security of the Russian Presidential Academy of National Economy and Public Administration (RANEPA). The research and practical conference brought together a total of 230 participants from 36 regions of Russia, including representatives of more than 100 educational and scientific organizations, as well as practicing lawyers from law-making, law enforcement and judicial bodies, and representatives of public organizations. There have been published abstracts of the main reports of conference participants in the review.

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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 2)

UDK: 656.265


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


Abstract. The current paper is a continuation and a final part of the same named paper published in the latter issue of the journal “Transport law and security”. 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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Sergey N. Yazykeev. Specifics of restrictions on human rights and freedoms to ensure national security under martial law and during counter-terrorism operations

UDK: 342.76


Sergey N. Yazykeev - judge of the Saratov Regional Court


Abstract. The current paper has presented the analysis of the specifics of restrictions on human rights and freedoms to enforce national security under martial law and during counter-terrorism operations. There has been noted that in conditions of martial law and counter-terrorism operations, personal, political, socio-economic, and even cultural constitutional human rights defined in the law are subject to restrictions. However, the implementation of some of them may be completely prohibited. There have been identified contradictions in the current legislation of the Russian Federation and proposed scientifically based recommendations for their elimination.

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David Ar. Melkonyan. Licensing activity in the field of transport security enforcement: terminological aspect

UDK: 347.9


David Ar. Melkonyan - Russian University of Transport (MIIT)


Abstract. There have been considered some theoretical, legal, and practical aspects of licensing activities in general and in the field of transport security. There has been carried out an etymological analysis of the term “permitting activity”. There have been identified main forms of licensing activities carried out to ensure transport security, such as licensing, certification, accreditation, certification, and their legal characteristics. There have been shown some problematic issues in this area, formulated additional arguments in favor of the need to adopt a federal law on licensing activities in the Russian Federation.

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Maksim V. Lavrukhin, Svetlana V. Vorobieva. Problems and ways to optimize the legal regulation of transport security

UDK: 347.9


Maksim V. Lavrukhin - Tambov State University named after G. R. Derzhavin

Svetlana V. Vorobieva - Tambov State University named after G. R. Derzhavin


Abstract. Currently, sabotage and reconnaissance groups of unfriendly countries are planning and committing acts of illegal interference against critical infrastructure facilities and transport infrastructure facilities of the Russian Federation. It is necessary to recognize that currently the information reflected in restricted documents, which contain information about the anti-terrorism protection of critical infrastructure facilities, is publicly available. There have been many successful counterintelligence and counter-intelligence efforts undertaken by national security agencies to combat the aforementioned threats. At the same time, when analyzing regulatory legal acts regulating activities in the field of enforcing transport security, there can be seen problems that currently need to be quickly resolved. The current paper has discussed individual regulatory legal acts, which, according to the authors, should be amended and (or) supplemented. There has been also considered the use of unmanned aerial vehicles for the purpose of committing acts of illegal interference, including terrorist acts, as the most pressing modern threats to transport infrastructure facilities. The current study also contains several proposals aimed at increasing the efficiency of legal regulation of transport infrastructure facilities and specific measures to optimize the competence of responsible entities in this area.

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Sergey Iv. Girko, Aleksey M. Voronov, Artem V. Mazein. System of subjects of public administration in the field of transport security in the context of digital transformation (federal level)

UDK: 342.518


Sergey Iv. Girko - Doctor of Law, professor, main researcher of the Center for Security Research of the Russian Academy of Sciences, main researcher of the Research Institute of the Federal Penitentiary Service of Russia, honored scientist of the Russian Federation

Aleksey M. Voronov - Doctor of Law, professor, main researcher of the Center for Security Research of the Russian Academy of Sciences, main researcher of the All-Russian Research Institute of Ministry of Internal Affairs of Russia

Artem V. Mazein - Candidate of Law, associate professor, Ural Institute of Management of the Russian Academy of National Economy and Public Administration under the President of the Russian Federation, senior researcher of the Center for Security Research of the Russian Academy of Sciences


Abstract. The changing external environment determines the growth of threats to transport infrastructure, and therefore today it is necessary to update the idea of the system of subjects of public administration in the field of transport security. The significance of such a study is in considering the constitutional principle of the unity of the system of public power, as well as in the context of the need for digital transformation of the state. With this approach, there can be established an expanded network system of public administration entities, which, in the context of digitalization, truly meets the principle of building a unified system of public authority. This is ensured by the possibility of digital interdepartmental interaction within the framework of a unified state information system for ensuring transport security. Current trends in digitalization allow the authors to suggest directions for the development of the area under consideration (for example, the introduction of the principle of proactivity for the certification of transport security forces).

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Vitaly V. Kluyev. Development of legislation in the field of autonomous shipping in the Russian Federation

UDK: 347.79


Vitaly V. Kluyev - 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 Russian Federation has adopted a comprehensive federal law in the field of autonomous shipping. Many provisions of this law are innovative in nature; there have appeared new concepts in the field of merchant shipping and navigation on inland waterways, new legal structures, new subjects of legal relations related to merchant shipping and shipping. These provisions require comprehensive analysis, discussion, and scientific evaluation. The adopted amendments to the legislation in the field of merchant shipping eliminate legal restrictions on the development and introduction into widespread use of autonomous ships, but at the same time create the need for a more detailed study of various aspects of the existing system of law in the area under consideration. The current paper has presented the study, based on the methods of modern hermeneutics and general scientific systematicity, which analyzed the process of preparing the law on autonomous navigation, the legal discussions that arose in this process, as well as an assessment of this law. The Law on Autonomous Shipping is the first regulatory legal act in the field of autonomous (unmanned) transport; its designs can be used in formulating the provisions of the relevant legal norms in road transport and aviation.

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Hossam Hamid Shehab, Al Ali Naser Abdel Raheem, Vladimir Ev. Chebotarev. The principle of special circumstances and its applicability in the demarcation of maritime boundaries between Iraq and Kuwait

UDK: 341.61


Shehab Hossam Hamid - Prof. Dr., Ministry of Higher Education, University of Tikrit, College of Law (Iraq)

Al Ali Naser Abdel Raheem - Candidate of Law, associate professor, Russian University of Transport (MIIT)

Vladimir Ev. Chebotarev - Candidate of Economic Sciences, associate professor, Russian University of Transport (MIIT)


Abstract. The process of defining maritime areas has always had a prominent place in disputes resulting from conflicts of interest in these important regions of the world and the importance of defining maritime boundaries stands out in narrow sea areas where countries with diverse interests meet. In order to ensure stability and peace in those maritime areas, it is necessary to search for the best ways and means to determine those boundaries to achieve justice in the determination. The current paper has analyzed the 1982 Convention, which created some principles and methods in determining maritime boundaries, and among those principles was the principle of special circumstances. The principle of the midline can be adopted in normal cases through which fair results can be achieved, but this principle may not be valid in other cases and if this principle was applied in those cases, it would show us unacceptable results. The maritime extensions of coastal states are connected with the supreme vital interests of the state in terms of economic, security and military aspects, which makes disputes resulting from the determination of maritime borders between opposite or neighboring countries not only characterized by their abundance and diversity, but also by their intertwining and complexity due to their relevance to economic, geographical and political issues in the area where maritime boundaries are determined, as well as the legal points raised by the delimitation process.

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Ildar R. Al’bikov, Nataliya S. Boyko. Cybersecurity action plan: building a robust global aviation security mechanism

UDK: 629.7


Ildar R. Al’bikov - Candidate of Law, associate professor, Ulyanovsk Civil Aviation Institute

Nataliya S. Boyko - Candidate of Law, Doctor of Historical Sciences, associate professor, Ulyanovsk Civil Aviation Institute


Abstract. The current paper has presented a plan to implement the ICAO cybersecurity strategy for the aviation industry. This plan includes clearly defined strategies designed to enforce aviation security in cyberspace. This plan includes an estimation of existing activities carried out in different parts of the world and progress in the field of cybersecurity. Special attention has been paid to analyzing the current situation in the field of cybersecurity in aviation, including identifying vulnerabilities, successfully implemented measures to prevent cyber threats, as well as the introduction of modern technologies to protect information.

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