Статьи номера | Issue №52

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

All articles in PDF

Igor V. Kiselevich, Mikhail V. Belyaev. On the issue of cable locking and sealing devices’ resistance to unauthorized opening

UDK: 343.983.25

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

Mikhail V. Belyaev - Candidate of Law, Associate Professor, Moscow University of the Ministry of Internal Affairs of the Russian Federation named after V. Y. Kikot, Moscow, Russia

Abstract. Forensic examination of cable locking and sealing devices is a process of studying and evaluating these devices in order to establish their authenticity, integrity, and the possibility of using them as evidence in solving criminal or civil cases. The current paper has identified the problems that can arise when examining locking and sealing devices’ resistance to unauthorized opening and there have been suggested the ways to solve these issues.

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Nataliya Al. Grishko. Criminal features of organized crime in transport: modern analysis and response methods

UDK: 343.9

Nataliya Al. Grishko - Candidate of Law, Associate Professor, Russian University of Transport (MIIT), Moscow, Russia

Abstract. In recent years, organized crime has increasingly developed new mechanisms of criminal attacks, especially in transport, which, being the most important economic component, traditionally attracts the attention of representatives of organized criminal communities. The process of merging criminal and economic organized crime itself appears to be long-term, subject to the effect of both positive and negative external factors. Modern criminal features of organized crime in transport act as a kind of indicator of the key directions and trends of this illegal activity. The current paper has studied the role of transport infrastructure both as an object of selfish interest of organized criminal groups, and the importance of criminological forecasting for the development of strategies and methods of counteraction. Particular attention has been paid to the necessity for legal regulation to strengthen the legal basis for combating transport crimes. There has been studied a destabilizing effect of the corruption factor in the process of combating organized crime in transport. A significant role has been given to victimological prevention to potential possible objects of criminal attacks. There has been noted that the development of the transport industry itself contributed not only to the emergence of new types of crime, but also to a change in the tactics of criminal activity in related areas. The registered crime rates cited in the current paper are falling due to both the efficiency of the preventive activities of authorized entities, and the process of the presented crimes becoming latent. There have been defined and criminologically substantiated the most acute issues, the solution of which is aimed at improving and increasing the efficiency in combating organized crime in transport.

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Stanislav V. Bazhanov, Andrey Ar. Malakhov. Investigation of crimes and aviation incidents at the infrastructure facilities of the Russian air fleet

UDK: 34

Stanislav V. Bazhanov - Doctor of Law, Professor, Academician of the Petrovskaya Academy of Sciences and Arts, Retired Colonel of Justice, Moscow, Russia

Andrey Ar. Malakhov - Associate Professor of the Criminal Law Discipline Department, Russian Presidential Academy of National Economy and Public Administration (RANEPA, Vladimir branch), Retired Colonel of Police, Vladimir, Russia

Abstract. The current paper has presented the study of the individual issues related to the legal status of linear internal affairs departments of (LIAD) in air transport, their heads, as well as specialists investigating crimes committed at the facilities of the corresponding infrastructure. The authors of the paper consider the wording of Article 40 of the Criminal Procedure Code of the Russian Federation in the part concerning the regulation of the legal status of (the heads of inquiry bodies and officers in the LIAD to be incorrect and subject to urgent revision to effectively ensure the safety of crews and passengers of aircraft located outside the destination airport. There has been also stated that the preliminary investigation of transport crimes and incidents, regulated by the norms of the Criminal Procedure Code of the Russian Federation, should not be burdened by administrative (official) investigations carried out by so-called special state commissions, as well as technical investigations carried out by civil personnel.

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Galina V. Petrova, Valery Iv. Stupakov. Organizational and legal measures to ensure the integrity and efficiency of management of state property of the joint-stock company “Russian Railways”

UDK: 351.711

Galina V. Petrova - Doctor of Law, Professor, Russian University of Transport (MIIT), Moscow, Russia

Valery Iv. Stupakov - Candidate of Law, Associate Professor, A.S. Griboyedov Moscow University, Moscow, Russia

Abstract. The current paper has considered the measures of legislative regulation to achieve the integrity and efficiency of the planning and program activities of JSC Russian Railways in managing state property. There have been analyzed the functions of state bodies and corporations in regulating property relations in the railway transport sector. There have been highlighted current problems of management, control and supervision, contractual and legal work of JSC Russian Railways in the area under consideration. There have been demonstrated the specific features of managing the state property of JSC Russian Railways, which is at the disposal of joint-stock companies, corporations, state unitary enterprises, united by common goals and objectives of the "single economic entity» of JSC Russian Railways. There has been noted the role of digitalization and contractual and legal work in improving the management of the property complex of JSC Russian Railways.

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Margarita R. Klyueva. Objects of ensuring sustainable development and security of the transport system in the Donetsk People’s Republic

UDK: 656.01

Margarita R. Klyueva - Leading lawyer of the economic security problems’ research department, SBI "Institute of Economic Research", Donetsk, Russia

Abstract. The current paper has considered the objects of the transport system of the Donetsk People's Republic that ensure its sustainable development and security, namely, railway, sea and river, automobile, urban electric transport, and pipeline transport, and analyzed their role in ensuring the smooth operation of the transport system. All types of transport in the Donetsk People's Republic play an important role in ensuring mobility and accessibility of transport services for the population, as well as in the sustainable development and security of the region. There has been concluded that continuous improvement and modernization of the transport system contribute to economic development, raising the standard of living of citizens and attracting investment. The introduction of advanced technologies, improving the quality of service and updating the infrastructure are key measures for the further development of the region's transport system.

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Denis Ev. Zaikov. Airport border security: retrospective analysis and legal regulation prospects

UDK: 349

Denis Ev. Zaikov - Candidate of Law, Associate Professor, Russian University of Transport (MIIT), Moscow, Russia

Abstract. The current paper, within the framework of a retrospective analysis of the development of aviation security regulation, has considered the features of legal regulation of the organization and implementation of airport border protection from the point of view of the list of entities authorized to carry out the relevant functions. There have been identified the reasons for the legislator's decision to demonopolize the specified sphere of public relations and estimated the prospects for their further development in connection with the upcoming transition to regulating issues of protecting civil aviation from acts of illegal interference within the framework of legislation on transport security.

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Vladimir Al. Zhavoronkov. Dangerous driving: legal, technical and psychological aspects of the issue

UDK: 343.3/7

Vladimir Al. Zhavoronkov - Candidate of Law, Associate Professor, Russian University of Transport (MIIT), Moscow, Russia

Abstract. The current paper has considered the issues related to combating one of the most serious violations of traffic rules, namely dangerous driving, the definition of which has been introduced into Russian legislation lately. Justifying the relevance of the topic, the author has cited statistics confirming the seriousness and scale of the problem under study not only in our country but also abroad. Considering some aspects of the definition of dangerous driving, formulated in paragraph 2.7 of the Rules, and citing the opinions of many scientists, the paper has concluded that it is necessary to refine the concept of dangerous driving and clarify some points in its content, without which the reading of the legal norm in some cases may have an inaccurate or ambiguous interpretation. The paper has raised the issue of the readiness of law enforcement agencies and the technical means at their disposal to record facts of dangerous driving. The particular attention has been paid to the work of the legislative bodies of the Russian Federation in the direction of combating dangerous traffic. There have been studied causes of dangerous driving, as well as the factors influencing the emergence of this phenomenon with reference to the opinions of scientists expressed on the pages of both domestic and foreign scientific publications. There has been concluded that there is a necessity for a comprehensive approach to solving the issue of dangerous (aggressive) driving. The author has also paid attention to the psychological aspects of the personality of the driver-offender, which determine his behavior when driving a vehicle and significantly affect road safety. During the study and in conclusion, there has been proposed a number of specific measures of a regulatory, organizational, technical and educational-preventive nature, aimed at eliminating the causes and conditions of dangerous (aggressive) driving.

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