Статьи номера | Issue №52

Articles of the journal issue №4 (52) (4th quarter of 2024)

All articles in PDF

Review of the All-Russian scientific and practical conference “Legal issues of enforcement of national security of the Russian Federation”, dedicated to the National Unity Day (A.S. Griboedov Moscow University, Moscow, November 1, 2024)

UDK: 342

Aleksey N. Aksenov - Senior Lecturer, A.S. Griboedov Moscow University, Moscow, Russia, pravo21vek@mail.ru

Kirill V. Alekseev - Candidate of Philological Sciences, Associate Professor, Associate Professor of the Literature and Journalism Department, Head of the Continuing Education Center, Ryazan State University named for S. Yesenin, Ryazan, Russia, ki.alekseev@gmail.com

Emil V. Alimov - Candidate of Law, Associate Professor of the Parliamentarism and Interparliamentary Cooperation Department, Institute of Public Administration and Management, Russian Presidential Academy of National Economy and Public Administration (RANEPA), Moscow, Russia, emil.alimov@gmail.com

Anatoly S. Boytsov - Candidate of Law, Head of the Technosphere Security Department, Peoples' Friendship University of Russia named after Patrice Lumumba, Moscow, Russia, boytsov-as@rudn.ru

Ruslan V. Zakomoldin - Candidate of Law, Associate Professor, Honorary Worker in the sphere of education of the Russian Federation, Researcher of the Research Institute, Executive Secretary of the Coordination Bureau, University of Prosecutor’s Office of the Russian Federation, A.S. Griboedov Moscow University, Moscow, Russia, rus.zackomoldin@yandex.ru

Olga Ol. Ilgova - Senior Lecturer of the Civil Law Discipline Department, University of Prosecutor’s Office of the Russian Federation, Moscow, Russia, o.o.ilgova@yandex.ru

Denis V. Iroshnikov - Doctor of Law, Associate Professor, Head of the Department of the Law Enforcement of National Security, Russian Presidential Academy of National Economy and Public Administration (RANEPA), Moscow, Russia, iroshnikov-dv@ranepa.ru

Dmitry Yu. Kamyshansky - Senior Lecturer of the Law Faculty, A.S. Griboedov Moscow University, Member of the Expert Advisory Council under the Council of the Parliamentary Assembly of the Collective Security Treaty Organization, Moscow, Russia, kamyshanski_dmitri@mail.ru

Irina B. Kardashova - Doctor of Law, Professor, Professor of the Fundamentals of Prosecutor’s Activity Department, University of Prosecutor’s Office of the Russian Federation, Moscow, Russia, ikardashova@yandex.ru

Vadim B. Kozyulin - Candidate of Political Sciences, Main Researcher of the Center for Military-Political Studies, Institute of Current International Problems, Diplomatic Academy of the Ministry of Foreign Affairs of the Russian Federation, Professor of the Academy of Military Science, Moscow, Russia, v.kozyulin@dipacademy.ru

Artem An. Kolesnik - Member of the Expert Advisory Council under the Council of the Parliamentary Assembly of the Collective Security Treaty Organization, Moscow, Russia, Kolesnikaa@mail.ru

Vladimir N. Nazarov - Candidate of Technical Sciences, Associate Professor, Associate Professor of the Constitutional and Administrative Law Department of the Faculty of Law, A.S. Griboedov Moscow University, Moscow, Russia, NVN_IILE@mail.ru

Irina N. Samoylova - Candidate of Philosophical Sciences, Associate Professor, Deputy Dean of the Faculty of Law, A.S. Griboedov Moscow University, Moscow, Russia, molot28@yandex.ru

Abstract. There has been presented a review of the All-Russian scientific and practical conference “Legal issues of enforcement of national security of the Russian Federation”, dedicated to the National Unity Day and held on November 1, 2024 at A.S. Griboedov Moscow University. The scientific and practical conference has brought together a total of 100 participants from 10 regions of Russia, including representatives of more than 25 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 the conference participants.

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Sergey Al. Markuntsov, Irina Al. Markuntsova. What is the origin of criminal liability for transport crimes?

UDK: 343.346

Sergey Al. Markuntsov - Doctor of Law, Associate Professor, National Research University “Higher School of Economics”, Russian University of Transport (MIIT), Moscow, Russia

Irina Al. Markuntsova - Russian University of Transport (MIIT), Moscow, Russia

Abstract. The current paper has presented the authors’ position on a small but controversial issue in the doctrine of criminal law on the origin of criminal liability for transport crimes. During the study, there have been used both general scientific and specific scientific (special) methods of cognition, a special place among the latter has been occupied by legal methods, namely historical and legal. As a result of the retrospective study, the authors have concluded that even if the position of scientists who believe that one of the first mentions of criminal liability for transport crimes in Russian legislation back in the 17th century is controversial, then such liability definitely appeared in the first half of the 18th century, and not in the 19th century, as some scientists in the field of criminal law insisted.

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Evgeny Al. Nesterov, Viktor Ya. Tsvetkov. Ontologies in transport law

UDK: 658.7:004

Evgeny Al. Nesterov - Candidate of Law, Associate Professor, Head of the Law Institute, Russian University of Transport (MIIT), Moscow, Russia

Viktor Ya. Tsvetkov - Doctor of Technical Sciences, Professor, Russian University of Transport (MIIT), Moscow, Russia

Abstract. Modern digital technologies and products are the basis for improving the transport sector and society. Digital transformation has evolved from a technological opportunity into a necessity for managing 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 appeared within the framework of the digital economy and digitalization of society. The current paper has reflected the evolution of research in the field of digital transformation of society and the development of digital law. There have been shown similarities and differences between the concepts of digitalizing, digitalization, and digital transformation. There has been demonstrated a connection between digital transformation and digital economy. Based on the generalization, there has been given the authors’ definition of digital transformation. There has been substantiated the necessity to develop digital law for intelligent robots.

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Aleksander V. Zigarev. Key areas of activity of the International Seabed Authority

UDK: 341.225

Aleksander V. Zigarev - Head of the Navigation Department of the Department of State Policy in the Field of Maritime and Inland Water Transport, Ministry of Transport of the Russian Federation, Moscow, Russia

Abstract. Today, the sea area not covered by the national jurisdiction of states requires special international protection, since it is the property of all mankind. The International Seabed Authority, which is powered to control the implementation of exploration activities within the area is of particular importance in the framework of the protection of the international seabed area. The legal status and structure of the Authority are defined in the United Nation’s Convention in the Law of the Sea. Meanwhile, the issues affecting the specifics of the Authority’s activities, as well as the main areas of its work at the legislative level and within the scientific community, have not been studied yet. Based on an analysis of current international legislation there has been made an attempt to comprehensively understand the main areas of activity of the International Seabed Authority.

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Artur G. Shapovalov. Legal regime of information systems used for information modeling in transport construction

UDK: 625.745.12

Artur G. Shapovalov - Russian University of Transport (MIIT), Moscow, Russia

Abstract. The current paper has studied the legal regime of information systems used in building information modeling (BIM), including principles of legal regulation, subjects of legal relations, etc. The particular attention has been paid to the transport construction industry. There has been considered a lack of centralized measures to enforce information security and the incompletely implemented transition to domestic software. There has been concluded the necessity for detailed legal regulation of public relations regarding BIM, integrated into the information law system, taking into account all elements of the legal regime of information systems used in BIM.

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Lyudmila M. Maleshina. Analysis of road traffic accidents as a method of estimating road safety

UDK: 656.13

Lyudmila M. Maleshina - Candidate of Technical Sciences, Associate Professor, Russian University of Transport (MIIT), Moscow, Russia

Abstract. Road accident data are the basis for monitoring progress and estimating the efficiency of road safety measures. The current paper has analyzed such key indicators of accidents on Russian roads for the five-year period from 2019 to 2023 as a number of road accidents (RA) with injuries, a total number of people killed and injured in road accidents, social risk and the severity of consequences. There has been established that the main cause of road accidents on the country’s roads is the violation of traffic rules by vehicle drivers. The paper has studied the legislative initiatives of the Government of the Russian Federation to increase fines for traffic violations in 2025. There has been presented an annual increasing dynamics of road accidents involving personal mobility vehicles (PMV), including fatalities. There have been reviewed sanctions for violation of traffic rules by PMV drivers, who are officially recognized as road users.

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Mahmoud Ismail, Al Ali Naser Abdel Raheem, Noor Saleh Ali Alzyoud, Vladimir Ev. Chebotarev. Legal Challenges to Cyber Sovereignty

UDK: 341.231:004

Mahmoud Ismail - PhD in Law, Associate Professor, Applied Science Private University, Amman, Jordan

Al Ali Naser Abdel Raheem - PhD in Law, Associate Professor, Russian University of Transport (MIIT), Moscow, Russia

Noor Saleh Ali Alzyoud - PhD in Law, Associate Professor, Philadelphia University Amman, Jordan

Vladimir Ev. Chebotarev - Candidate of Economic Sciences, Associate Professor, Russian University of Transport (MIIT) Moscow, Russia

Abstract. The study discusses the legal challenges imposed by cyberspace on the concept of sovereignty in international and national law, focusing on two main issues: challenges associated with the concept of sovereignty and those related to its implementation. Cyberspace presents legal challenges to state sovereignty, as the openness of cyberspace contradicts the closed nature required by traditional sovereignty. Globalization exacerbates these challenges, as supranational governmental structures and societies seek to exploit cyberspace for economic and cultural purposes, increasing the conflict between sovereignty and cyberspace openness. Defining cyber sovereignty requires a balance between the concepts of sovereignty and cyberspace to maintain their identities and characteristics. A careful definition of cyber sovereignty contributes to understanding the actual ex-tent of state authority in controlling and regulating cyberspace and helps address the legal challenges faced by states in this context. The study concludes that cyber sovereignty is an application of sovereignty in the traditional sense, rather than a synonymous concept, and calls for international recognition of this new application and collaborative efforts to regulate it to address emerging challenges in cyberspace and ensure global security and stability.

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Maxim V. Lavrukhin. Threat to national security in the Murmansk region: a practice-oriented study

UDK: 338

Maxim V. Lavrukhin - Member of the Expert Council of the State Duma Committee on Energy, Moscow, Russia

Abstract. National security is the basis of stability and sustainable development of any state, and in modern conditions it faces a number of new challenges and threats. The Murmansk region, as a strategically important region of Russia, which borders several countries, has unique features that determine its vulnerability to external and internal risks. Modern geopolitical tensions, climate change, and technological developments create new forms of threats that require comprehensive analysis and prompt decisions. Failure to promptly identify and neutralize threats can lead to destabilization of the situation both at the regional level and at the national level. In this regard, it is important not only to study existing threats, but also to develop practical recommendations for government agencies that enforce security. In these conditions, the relevance of the study of threats to national security in the Murmansk region is becoming especially important for ensuring stability and preserving the sovereignty of the state. The names of legal entities whose financial and economic activity have been analyzed are anonymized to exclude the possibility of causing reputational risks to such companies within the framework of the conducted research activities.

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Svetlana V. Borisova, Anastasiya S. Semicheva, Tatiyana M. Khimich. Holding as the way to organize business activities in railway transport: the correlation between public and private interests

UDK: 656.2:658.012.12

Svetlana V. Borisova - Candidate of Law, Associate Professor, Russian University of Transport (MIIT), Moscow, Russia

Anastasiya S. Semicheva - Candidate of Law, Associate Professor, Russian Presidential Academy of National Economy and Public Administration (RANEPA), Moscow, Russia

Tatiyana M. Khimich - Candidate of Law, Associate Professor, Russian University of Transport (MIIT), Moscow, Russia

Abstract. Privatization of the property of Russian transport, separation of functions of state regulation and management of economic activity predetermined a new direction of private law regulation of economic activity in transport. The current paper has established that the non-legal entrepreneurial and other associations established in each mode of transport, which differ in the method of internal organization and the status of the economic entities managing them, behind which stands the figure of the state, realizing public functions in the organization of their economic activity by means of private law instruments, turned to be the most popular ones. The participation of public-law entities in them did not reduce, but increased the problematic nature of their legal regulation, bringing with it a new approach both to understanding public and private interests in the system of their functioning, and to actualizing the problem of the correlation between private and public law in the mechanism of legal regulation. According to the authors, modern science lacks proper theoretical understanding of the goals and methods of state participation in these relations in the context of the latest correlation between public and private interests in transport. According to the analysis of a holding company in railway transport, there has been concluded that the normative model of their functioning in the absence of a general law is formed in the local law-making of companies with state participation, becoming the "locomotive» of the process of developing civilistic instruments in the field of regulating relations with the participation of associations of people under state control in Russia. There have been given recommendations to improve corporate management in a holding company in railway transport.

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Aleksandr Ol. Troitsky. Illegal arms trafficking as a threat to national security

UDK: 343

Aleksandr Ol. Troitsky - Russian University of Transport (MIIT), Moscow, Russia

Abstract. The current paper is devoted to the study of the problem of illegal arms trafficking as one of the key threats to national security. The paper has studied the nature and scale of this phenomenon, its correlation with terrorist activity, organized crime and regional instability. Particular attention has been paid to the analysis of factors which increase illegal arms trafficking, such as legal gaps and international smuggling. The paper has presented the statistics confirming the growth of cases of illegal weapons use, which proves the necessity of effective countermeasures. The study has highlighted that the fight against illegal weapons trafficking requires a systemic and multifaceted approach aimed at protecting national interests and ensuring public safety.

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