Статьи номера | Issue №53

Articles of the journal issue №1 (53) (1st quarter of 2025)

All articles in PDF

Nikita Ev. Minin. Problems of legal regulation of the activities of subjects of legal relations in maritime insurance in Russia

UDK: 368.23

Nikita Ev. Minin - CEO of LLC “Nautilus - Insurance Consultants”, Moscow, Russia

Abstract. Maritime insurance is an important financial and legal instrument for protecting interests in shipping. Improvement of public-legal regulation of this area will help to streamline the legal relations of maritime insurance entities by means of detailed regulation of their rights and obligations, which will lead to increased efficiency of the industry. The current paper has considered the legal definition and regulation of the activities of subjects of insurance legal relations according to Russian, English, and German law.

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Andrey V. Khodos. Topical issues and legal framework of Russia’s national interests in the Arctic

UDK: 342

Andrey V. Khodos - Russian University of Transport (MIIT), Moscow, Russia

Abstract. The current paper has considered the present regulatory legal acts governing the national interests of the Russian Federation in the Arctic region. There has been conducted the analysis of the main aspects, such as the geopolitical position, economic and environmental significance of the region, requiring appropriate legal support from the Russian Federation. Due to the growing interest and struggle for zones of influence, trade routes, many opportunities of the Arctic among the states coastal to the Arctic region, the risk of a threat to national security is also increasing. That is why the legal and regulatory support of the national interests of the Russian Federation in the region is of crucial importance in the modern world.

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Valery An. Novikov, Valentina Iv. Shiyan. Mass riots as a threat to public safety of the Russian Federation

UDK: 342.9

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

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

Abstract. At present, mass riots, despite the insignificant number of registered crimes envisaged by the Article 212 of the Criminal Code of the Russian Federation and the persons who committed them, as well as the relative static nature of this type of crime (based on the results of 2023-2024), should be considered as a threat to public safety of the Russian Federation. Our position has been determined by the fact that mass riots encroach on public safety and public order; they are accompanied by violence, pogroms, arson, property destruction, use of weapons, explosive devices, explosives, poisonous or other substances and objects; as a rule, they are of an organized nature, provoked by extremist-minded elements and used by them in the struggle for power; they are associated with acts of terrorism, they disrupt the normal functioning of the individual, society and the state. Mass riots’ participants, unlike other categories of criminals, are characterized by a heightened degree of public danger, since most of them have previously been subject to criminal liability, and almost every second person is a member of an organized criminal group, and every third person is without a permanent source of income. The current paper contains the study results of the state and dynamics of crimes envisaged by the Article 212 of the Criminal Code of the Russian Federation, committed both in Russia as a whole and in the regions, taking into account statistics of the Ministry of Internal Affairs of Russia for the period from 2020 to 2024. There have been presented the study of the Russian criminal legislation, materials of judicial practice and scientific works. Particular attention has been paid to criminal law measures to prevent mass riots. According to the authors, the problems arising in the qualification process are due to the absence of a legal definition of “mass riots”, the presence of evaluative features in the disposition of Article 212 of the Criminal Code of the Russian Federation, competition with the elements of crimes against the person, property, public order and management order, and other circumstances identified during the study.

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Samir M. Mikailov. National interests of the Russian Federation in the field of railway security enforcement

UDK: 34.07

Samir M. Mikailov - Candidate of Law, associate professor, Kurgan Institute of Railway Transport — branch of the Ural State University of Railway Transport, Kurgan, Russia

Abstract. The current paper has presented a scientific analysis of existing approaches to defining the phenomenon of “national interest” as a basic category for the concept of “national security” and its components such as transport and railway security, and on this basis, Russia’s national interests in the field of railway security enforcement. There has been argued that Russia’s national interests in the field of railway security enforcement represent a combination of the interests of society and the state in ensuring the safe movement of people and goods on the country’s railways. At the same time, there has been substantiated that national interests in the field of railway security enforcement include the need to form and improve the state policy of the Russian Federation related to ensuring railway safety and security, and the implementation of a state-defined system of legal, economic, organizational and other measures in the sphere of the railway complex aimed at preventing threats of various natures (internal and external) to railway transport facilities (movable and immovable), the surrounding ecosystem, staff and passengers, as well as minimizing their consequences.

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Aleksey M. Voronov. On the destructive role of diasporas when enforcing security of the Russian Federation in the migration sphere

UDK: 342

Aleksey M. Voronov - Doctor of Law, professor, Main Researcher of the Center for Security Research of the Russian Academy of Sciences, Moscow, Russia

Abstract. The current paper has considered topical issues arising in Russia from the activities of national diasporas, given a definition of this concept, its modern content, and defined it as one of the reasons for the emergence of social tension in society as a threat to the national security of modern Russia. Because of a significant number of migrants, citizens are naturally concerned that the activities of such communities could lead to destabilization of the situation in the country and an increase in crime, while there has been established a low level of migrants’ integration into Russian society.

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Aleksandr Ol. Troitsky. Illegal arms trafficking in transport as a current criminal threat

UDK: 343

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

Abstract. The current paper has considered the concept of “illegal arms trafficking”, defined the concepts of “arms”, “illegal arms trafficking in transport”. Illegal arms trafficking today occupies one of the leading positions in the criminal structure, acting as a factor of criminogenic danger both in this country and throughout the world. Crimes in the sphere of illegal arms trafficking create a high level of public danger for the state, society and an individual, often being catalysts and components of other types of crimes, such as: organized criminal activity, terrorism, crimes against life and health. The transport sector is the most vulnerable to illegal arms trafficking, due to the fact that the major part of illegal arms is transported by air, sea, rail and road.

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Aleksandr S. Parshakov. Violations of the rules for military machine driving and operating during special military and counter-terrorist operations: qualification issues

UDK: 342.9

Aleksandr S. Parshakov - Candidate of Law, Associate Professor, Russian University of Transport (MIIT), Reserve Colonel of Justice, Honorary Worker of the Prosecutor’s Office of the Russian Federation, Moscow, Russia

Abstract. The current paper has considered the problematic issues of qualification of violations of machine driving or operating rules and other military transport crimes in the context of special military and counter-terrorist operations. There have been presented the arguments and substantiated the establishment of criminal liability for violation of machine driving or operating rules, as well as violation of flight rules or preparation for them, violation of navigation rules and leaving a sinking warship, committed during mobilization or martial law, wartime or in conditions of armed conflict or when conducting warfare. There has been emphasized that despite the low prevalence of crimes of this type, as a rule, such acts entail major material damage and large human casualties, which determines the relevance of the study of this type of crime, investigative and judicial practice on the application of Article 350 of the Criminal Code of the Russian Federation and problems associated with their qualification. There has been proposed to introduce the qualifying feature “during mobilization or martial law, wartime or in conditions of armed conflict or when conducting warfare” into the norms of military criminal legislation into the composition of the military transport crimes under investigation, which will be a serious step towards further improving the norms of criminal legislation and eliminating the lack of regulation of issues of criminal liability for crimes committed in wartime.

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Irina Ig. Nagornaya. Leaving a child inside a car: legal liability and crime prevention (comparative legal analysis)

UDK: 343.214

Irina Ig. Nagornaya - Candidate of Law, Associate Professor, Russian University of Transport (MIIT), Moscow, Russia

Abstract. Leaving a child unattended inside a car is a crucial issue that requires adequate legal solutions. It may be done intentionally, or a child may be forgotten, which is explained by peculiarities of a human brain when solving everyday problems. One of the main risks of leaving a child inside a car is a heat stroke. The Russian Federation has a legislative basis for bringing to legal responsibility for this act. If a child under 7 years of age is not harmed and there is no real threat of harm, there is a possible liability under the Code of Administrative Offenses of the Russian Federation. However, a 500 ruble fine under Part 1 of Article 12.19 of the Code of Administrative Offenses is not an adequate punishment for those who commit the act more than once. There should be envisaged a more severe penalty or discussed a possibility to introduce a crime with an administrative prejudice. In other cases, criminal liability may arise for leaving in danger (child endangerment), causing serious bodily harm or death by negligence, if the subject did not act with direct or indirect intent to cause harm. To establish intent, it is necessary to clarify the motives, the presence of special knowledge about the consequences of leaving a child, and the evidence that the situation is dangerous. A study of foreign experience shows the need to provide more comprehensive legal protection for persons who remove a child from a car in cause of an immediate threat to his or her life or health. It is necessary to consolidate the provisions on imaginary extreme necessity in the explanations of the Plenum of the Supreme Court of the Russian Federation. In order to prevent the said actions, it is crucial to provide more information about the danger of leaving a child inside a car, and to prevent the unintentional leaving of a child, it is necessary to use technical means of notification about the need to check the back seat of the car.

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Mariyam F. Mingalimova. Confiscation of vehicles from persons with disabilities who broke traffic rules being intoxicated

UDK: 343.346

Mariyam F. Mingalimova - Candidate of Law, Associate Professor, Kazan Law Institute (branch), University of Prosecutor’s Office of the Russian Federation, Kazan, Russia

Abstract. The current paper has considered the problem of confiscation of vehicles from persons with disabilities who broke traffic rules being intoxicated. There have been analyzed the legal norms governing the procedure for confiscating vehicles; studied the social and ethical aspects associated with the use of confiscation for this category of persons; identified problems associated with realizing the right to movement and ensuring social protection for persons with disabilities and proposed the ways to improve the practice of confiscation.

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Vladimir Al. Zhavoronkov. Issues of investigating road traffic accidents caused by dangerous (aggressive) driving

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 some issues of investigating road traffic accidents (hereinafter referred to as RTAs) caused by dangerous (aggressive) driving. There have been described the factors that negatively affect both the efficiency of individual investigative actions and the investigation. There have been identified the existing shortcomings of investigating the RTA scene, the features and difficulties to obtain objective information about the event occurred, etc. There have been presented convincing statistics and opinions of scientists, confirming the increased danger of dangerous (aggressive) driving and the severity of consequences of the RTA committed under such circumstances. There have been considered some legal aspects of dangerous (aggressive) driving and problems associated with recording this type of offense and proving it. There has been paid a particular attention to the work of the legislative bodies of the Russian Federation to combat dangerous driving. There has been proposed specific measures aimed at eliminating problems arising when investigating road traffic accidents caused by dangerous (aggressive) driving, as well as measures to combat this type of violation of the Traffic Rules.

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