Статьи номера | Issue №51

Articles of the journal issue №3 (51) (3rd quarter of 2024)

All articles in PDF

Review of the III All-Russian scientific and practical conference “Law enforcement of national security. Ten years of the Law on Strategic Planning in the Russian Federation” (RANEPA, Moscow, April 19, 2024)

UDK: 342

Aleksey M. Voronov - Doctor of Law, professor, main researcher of the Research Center 4 of the All-Russian Research Institute of the MIA of Russia

Sergey Iv. Gir’ko - Doctor of Law, professor, head or of the Center for Security Research 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 the law enforcement of national security of the Russian Presidential Academy of National Economy and Public Administration

Dmitry Yu. Kamyshansky - Senior lecturer of the law faculty of the Moscow University named after A.S. Griboedov, member of the Expert Advisory Council of 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 activity of the University of the Prosecutor’s Office of the Russian Federation

Petr N. Kobets - Doctor of Law, professor, main researcher of the All-Russian Research Institute of the MIA of Russia

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 (a branch) of the University of the Prosecutor’s Office of the Russian Federation

Oleg An. Ovchinnikov - Candidate of Law, associate professor, associate professor of the department of the law enforcement of national security of the Russian Presidential Academy of National Economy and Public Administration

Svetlana Ev. Proletenkova - Doctor of Law, associate professor, main researcher of the All-Russian Research Institute of the MIA of Russia

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 Derzhavin Tambov 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)

Abstract. There has been presented an overview of the III All-Russian scientific and practical conference "“Law enforcement of national security. Ten years of the Law on Strategic Planning in the Russian Federation”, which was held on April 19, 2024, at the Institute of Law and National Security of the Russian Presidential Academy of National Economy and Public Administration (RANEPA). The scientific and practical conference brought together a total of 280 participants from 34 regions of Russia, including representatives of more than 60 educational and scientific organizations, as well as practicing lawyers from law-making, law enforcement and judicial bodies, and representatives of public organizations. More than 60 doctors and more than 120 candidates of science participated in the event. In the review there were published abstracts of the main reports of the conference participants.

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Marina Al. Proskurnina. Historical aspects of formation of tariffs for long-distance passenger transportation in domestic traffic

UDK: 656.025

Marina Al. Proskurnina - Historical aspects of formation of tariffs for long-distance passenger transportation in domestic traffic

Abstract. Formation of tariffs for passenger transportation in long-distance trains has been a topical issue throughout the history of railway transport. Approaches to tariff formation have been transformed since domestic policy implementation and have undergone several changes since their initial formation. The importance of displaying the designated historical aspects is due to the need to use them when forming tariff policy for future periods.

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Sergey Al. Pravkin. Investment management in transport projects using the public-private partnership mechanism

UDK: 338.28

Sergey Al. Pravkin - Candidate of Law, associate professor, Russian University of Transport (MIIT)

Abstract. Investments in transport infrastructure can be based on selected models of public-private partnership in the meso-level economic system. A meso-level is a process of intra-industry interactions of economic entities; the object of analysis of the transport economy based on the meso-level approach is spatially extended (regional economic) structures and markets, which is the transportation market. The meso-level method for studying transport economy is based in turn on three of its components, such as a systems approach to understanding the meso-level as a process of intra-industry interactions between economic entities in the transport sector; a regional-spatial approach to the development of transport infrastructure; methodological institutionalism as an approach at the point of intersection of transport economy with other industries. There has been proposed to use the advantages of public-private partnership in the development of the transport system, its application according to regional specifics using the example of the transportation market as a meso-level institution. The proposed models of legal regulation of investments in transport projects can provide a systemic economic and legal effect on spatially extended markets. The methodology of the study comprised an analysis of public management of the transport economy at the meso level, a formal legal approach related to the study of the problems of combining transport and investment legislation, as well as legal regulation of industry transportation markets. The method of interpreting legal norms was used to clarify the legal norms of the current investment and transport legislation, which was aimed at clarifying special terms and legal structures for their application in legal practice. The comparative method was used to compare individual models of public-private partnership based on the mesoeconomic approach, which was applied according to regional specifics, inter-industry, spatial and structural links, social specifics to improve the legislation regulating the activities of industry markets for transport services. The method of making legal decisions was used to develop proposals to eliminate legislative problems in the field of industry investments. Based on established recommendations for developing public-private partnership models in transport projects and unifying legislation in the global market, there have been proposed the ways to improve Russian legislation concerning the development of the freight transportation market based on a mesoeconomic approach. In a situation where the inflow of foreign investment has significantly reduced, public-private partnership creates conditions for stable investment within the country based on a domestic investor, on state and private capital. The infrastructure projects with significant investment volumes, reducing government costs in such projects by attracting financing from private investors, are of practical importance.

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Maksim V. Lavrukhin. Application of securitization theory to improve transport security

UDK: 347.9

Maksim V. Lavrukhin - Derzhavin Tambov State University

Abstract. The current paper has considered the use of securitization concepts to strengthen the protection of transportation systems from threats and risks. There has been considered how securitization processes can be integrated into transportation security management practices, focusing on identifying and overcoming key threats, including terrorism, cyber-attacks, man-made accidents, and natural disasters. There have been analyzed the methods and approaches that allow for a more effective response to potential threats, increasing the resilience of transport infrastructure. The study has emphasized the importance of cooperation between government agencies, the private sector and international organizations to develop a comprehensive security system that can adapt to modern challenges.

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Armen Ar. Asatryan. Goal setting and long-term forecasting in the sphere of national security enforcement of the Russian Federation

UDK: 342.5

Armen Ar. Asatryan - Institute of Law and National Security of the Russian Presidential Academy of National Economy and Public Administration (RANEPA)

Abstract. Long-term strategic planning is a necessary link in national security enforcement of this country. Even though it is not possible to give an unambiguous answer to the question of how events in the sphere of national security will develop in the future, long-term forecasting based on trends allows preparing the country in a timely manner to overcome certain challenges and threats, and to build an appropriate state policy. Such forecasting can bring positive results provided that the relevant documents are updated periodically, which will allow for a timely estimation of certain challenges and threats in terms of their relevance, as well as the likelihood of their transition from the potential to the real category. Based on the forecasts, there have been developed long-term goals in enforcing national security. Thus, long-term planning becomes a key factor in enforcing national security.

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Aleksandr D. Serov. The Northern Sea Route in the Context of Russia’s Arctic Policy

UDK: 338.47

Aleksandr D. Serov - The Northern Sea Route in the Context of Russia’s Arctic Policy

Abstract. The Arctic region has an undeniably valuable resource potential. Its consistent, reasonable development allows ensuring the national security of the Russian Federation and satisfying its national interests. The Northern Sea Route acts as a national transport communication in the context of Arctic policy. The current paper has substantiated that the infrastructure of the Northern Sea Route and its purpose are determined historically. Based on the international legal approach to the formation of customary norms, as well as the urgent need for full regulation of the legal status and mode of use of the Northern Sea Route, the Russian Federation is currently taking active steps to adopt the necessary legal norms to regulate relations in this area of relations. Due to the strategic importance of the Northern Sea Route in the Arctic territories, foreign countries are increasingly turning to the issue of internationalization of this water area, primarily to ensure unimpeded navigation. There has been concluded that such an approach will not only negatively affect the state of the sea territories but may also negatively affect the national security of the Russian state. There has been also confirmed the idea of the necessity to develop and adopt the Arctic Code of the Russian Federation, which will become the only legal document that will also predetermine the procedure and conditions for using the Northern Sea Route. There has been emphasized the need for consistent development of federal standards that will determine the quality of life of people in the Arctic territories, which is very important in the context of protecting indigenous peoples. Finally, there has been concluded that research and development in regulation of the Northern Sea Route have an extremely large-scale diversity, that is why it is necessary to continue studying and identifying problems in this area of relations, which will undoubtedly have a positive impact on the protection and provision of national security of the state.

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Evgeny Al. Nesterov, Viktor Ya. Tsvetkov. Digital transformation of society and digital law

UDK: 658.7:004

Evgeny Al. Nesterov - Candidate of Law, Russian University of Transport (MIIT)

Viktor Ya. Tsvetkov - Doctor of technical Sciences, professor, Russian University of Transport (MIIT)

Abstract. Modern digital technologies and products are the basis for improving the transport sector and society. From a technological possibility digital transformation has become a necessity to manage the needs of transport infrastructure. Digital transformation introduces new processes and mechanisms that affect key factors of transport and transport digital law. Digital law as a phenomenon has emerged within the framework of the digital economy and digitalization of society. The current paper has considered the evolution of current research in the field of digital transformation of society and the development of digital law. There have been demonstrated similarities and differences between the concepts of digitalizing, digitalization, and digital transformation. There has been shown a connection between digital transformation and digital economy. Based on the generalization, there has been given an author’s definition of digital transformation. There has been substantiated the necessity to develop digital law for intelligent robots.

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Valentina Iv. Shiyan. Crimes against traffic safety and operation of transport: status, tendencies, and preventive measures

UDK: 43.3/.7(075)

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

Abstract. At the present stage of development of society in all countries of the world, crimes against traffic safety and operation of transport pose a threat to state and public security, since they are associated with huge social, material and demographic losses. The solution to the problems of ensuring traffic safety is not limited by the framework of a single state and the norms of national legislation. The international community is actively involved in addressing issues related to improving road safety, as evidenced by numerous global conferences, high-level international meetings, and final documents (declarations, resolutions, global plans, technical documentation packages, etc.) that outline the main proposed measures, call for the establishment of national targets to reduce the number of deaths, and the development and implementation of regional, national and subnational plans that include road safety targets. The relevance of the issues discussed in the paper is underlined by the fact that the period from 2021 to 2030 has been declared by the United Nations as the Second Decade of Action for Road Safety. The paper has presented the study results of the Russian legislation, documents of international organizations, scientific works, and statistical indicators of the Ministry of Internal Affairs of Russia for the period from 2019 to 2023 on crimes under Chapter 27 of the Criminal Code of the Russian Federation, which made it possible to identify their status, dynamics, tendencies, and basic preventive measures. There has been drawn an attention to the latency of the type of crime under study and the regional component. According to the author, the consistent tendency of decreasing crimes against traffic safety and operation of transport recorded by official statistics is explained by the improved efficiency of preventive measures and the effectiveness of interaction between the entities implementing these measures.

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Mariyam F. Mingalimova. Current issues of preventing crimes in the field of road safety while intoxicated

UDK: 656.13

Mariyam F. Mingalimova - Candidate of Law, associate professor, Kazan Law Institute (a branch) of the University of Prosecutor’s Office of the Russian Federation, Kazan

Abstract. The current paper is devoted to the issues of preventing the commission of crimes in the field of road traffic safety. There has been emphasized the necessity to change the behavior of road users who drive vehicles while intoxicated, to ensure the safety of road users and reduce the number of deaths and injuries on the roads. There have been demonstrated specific examples of the sequence of formation and implementation of domestic state policy in the field of road traffic safety at the federal and regional levels. There has been analyzed an efficiency of the means used to combat drunk drivers and given statistical indicators. There has been paid special attention to foreign experience.

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Nikolay L. Shelukhin. Transport infrastructure of the Donetsk People’s Republic: status, prospects, security issues

UDK: 342.951:351.82

Nikolay L. Shelukhin - Doctor of Law, professor, Institute of Economic Research, Donetsk

Abstract. The current paper has analyzed the status and development prospects of the transport complex of the Donetsk People’s Republic. There has been proposed to open a specialty “Legal Support of National Security” at the Mariupol State University named after A. Kuindzhi.

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