Статьи номера | Issue №48

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

All articles in PDF

Anna S. Kulagina. Analysis of judicial practice to identify problematic issues in determining the subject when proving the guilt of a cargo carrier during railway transportation

UDK: 656.862

Anna S. Kulagina - Russian University of Transport (MIIT)

Abstract. The current paper has presented an analysis of judicial practice and current issues related to determining the subject responsible for proving the guilt of the carrier in situations where there is a problem of unsafe cargo during railway transportation. There have been considered such key regulations as Art. 118 UZhT of the Russian Federation and Part 1 of Art. 796 of the Civil Code of the Russian Federation. There have been identified contradictions and discrepancies in the interpretation of these norms by the courts, and proposed recommendations for improving transport legislation in this area.

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Valeriy An. Novikov, Valentina Iv. Shiyan. Repeated driving of a motor vehicle by a person in a state of intoxication: current trends and current issues of qualification of crimes

UDK: 343.346

Valeriy An. Novikov - Candidate of Law, associate professor, Russian University of Transport (MIIT)

Valentina Iv. Shiyan - Candidate of Law, associate professor, Russian University of Transport (MIIT)

Abstract. One of the priority areas of state policy and an important factor in ensuring sustainable socio-economic and demographic development of the Russian Federation is improving road safety, aimed at preserving the life, health, and property of citizens. The current paper has presented the results of a study of regulatory legal acts, materials of judicial practice, scientific works, and official statistics for the period from 2015 to 2022 about crimes provided for in Art. 264.1 of the Criminal Code of the Russian Federation, large-scale sociological studies on the level of personal security. There has been paid attention to modern trends (among the main ones is a noticeable increase in registered crimes provided for in Article 264.1 of the Criminal Code of the Russian Federation, and the persons who committed them, their growth rates, as well as the number of convicts, etc.) and the regional aspect. There have been identified leaders of criminal statistics by the number of registered crimes under Art. 264.1 of the Criminal Code of the Russian Federation. There have been considered the most pressing and controversial issues of criminal liability for repeated driving of a car, tram or other mechanical vehicle while intoxicated after bringing a person to administrative responsibility for a similar act or a person with a criminal record for committing crimes under Parts 2, 4, 6 of Art. 264 or Art. 264.1 of the Criminal Code of the Russian Federation. There have been analyzed such legal concepts as “driving a mechanical vehicle”, “state of intoxication”, “authorized official”, “person with a criminal record”, which the legislator uses as crime-forming characteristics in these crimes. The emphasis has also been made on the state of intoxication caused by “other substances”, the problems of the algorithm for passing a medical examination for intoxication. There have been given the recommendations on the qualification of crimes provided for in Art. 264.1 of the Criminal Code of the Russian Federation.

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Eduard F. Shakhnazaryan. Current issues related to the search for debtors’ vehicles in enforcement proceedings

UDK: 347.2/.3

Eduard F. Shakhnazaryan - All-Russian State University of Justice

Abstract. The current paper has presented the current concerns related to enforcement proceedings that arise during coercive measures on the debtor’s property, in particular, on his vehicle. Having analyzed the existing legislation it has become clear that the current mechanism for searching for vehicles does not allow the bailiff to fully implement enforcement measures. There has been substantiated the conclusion that the efficiency of the implementation of legislation on enforcement proceedings directly depends on the legal regulation of by-laws governing the affected area.

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Artur D. Vardanyan. Features of legal regulation of territory planning in order to develop transport infrastructure with the integrated development of territories of settlements

UDK: 332.1

Artur D. Vardanyan - The Kutafin Moscow State Law University (MSAL), Advisor to the Transport Engineering Center of the State Autonomous Institution of Moscow “Research and Design Institute of the General plan of the city of Moscow”

Abstract. The current paper deals with the consideration of the features of territorial planning in order to develop transport infrastructure in the territories of settlements, in respect of which a decision has been made on their comprehensive development. There has been given the characteristics of the legal regime for the integrated development of territories, there has been shown a place of the transport component in achieving the goals of integrated development, and there have been proposed some measures to improve the legal regulation of these relations.

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Vasily Al. Bokan. Problems of determining the grounds for seizure of land plots for the needs of highway construction

UDK: 625.7/.8

Vasily Al. Bokan - Federal State Institution “Roads of Russia”

Abstract. The development of the highway network is one of the key tasks in the development of the country’s transport infrastructure. Its implementation inevitably requires the seizure of land plots from rights holders for the needs of road construction, and due to the linear nature of the located objects, such seizure simultaneously affects the interests of many private individuals. The imperfection of legislative regulation in this area leads to a large number of legal disputes and delays in the procedure for providing land plots for the placement of roads and road infrastructure, as a result of which this stage of the process of their construction (reconstruction) is the lengthiest and legally complex. The current paper has presented the discussion of current problems of determining the grounds for the seizure of land plots for the needs of road construction and suggested directions for improving the legislative regulation of this area of public relations.

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