UDK: 351.81

Marina V. Mazaeva - consultant for the department ‘Transport Security Management’ of the Federal Agency for Maritime and River Transport

Abstract. The current paper has presented the results of the conducted systemic and legal analysis of one of the urgent issues of legal regulation in the field of transport security, which is problematic in nature and is directly related to the procedures for certification of transport security enforcement staff. Based on the analysis of regulatory legal acts, educational and scientific literature, the author of the paper has made a conclusion that currently the legislation does not fully regulate the issue of unambiguous and complete determination of the range of applicants for certification, which practically results in a conflict of interest between the employee and the employer with an appropriate certification when changing his place of work. The author has emphasized the fact that currently the employer is the only owner of the issued certificates of transport security enforcement staff. This conclusion has been confirmed by the fact that, according to the current legislation, only the employer is a contractual party of the agreement on certification, with the certification body and (or) the certification organization. According to the results of a formal dogmatic analysis of legal acts, there has been established that the employer in the arising legal relationship is the owner of transport infrastructure and (or) vehicles intended for cargo and passenger transportation, or a legal entity that is a transport security unit, or an organization claiming accreditation as such divisions. Accordingly, it is the employer who finances the activities related to accreditation and certification. Due to this fact, the issue of the certificate by the employer to the certified employee, if he changes his place of work, can be made only on a voluntary basis if there is no conflict of interest. If there are various conflicts of interest, the certificate is not issued to the employee by the employer. It is considered to be quite logical and reasonable that this circumstance significantly reduces the possibility for the owner of transport infrastructure facilities and (or) vehicles intended for cargo and passenger transportation to implement the established requirements in the field of transport security.

UDK: 347.463:656.072.5

Viktor Iv. Liseenko - acting deputy chief state inspector of state traffic supervision of the North Ural Interregional Department of State Road Supervision; state civil service counselor of the 2nd class; senior lecturer of the department ‘Road transport operation’ of the Tyumen Industrial University; applicant of Candidate of Law

Vladislav D. Romanenkov - General Director of the Ltd “Transport Control”, student of the Institute of State and Law of the Tyumen State University

Abstract. In accordance with the instruction of the Eurasian Intergovernmental Council “On the mutual recognition of national and international driving licenses issued in one state - a member of the Eurasian Economic Union, for doing business on the territory of another country of the Eurasian Economic Union”, the vehicles carrying out passenger on the territory of the Russian Federation are allowed to be driven by the citizens of the EAEU member states. Current practice has shown that Traffic police officers (Gosavtodornadzor), when carrying out control, as well as officials of road transport enterprises which release vehicles on the line, have been faced with the problem of identifying foreign drivers on the validity of their national driving licenses (the fact of revoked driving licenses). According to the authors, the problem is in the inability to obtain data on the validity of the national driving licenses of foreign drivers, for example, through information exchange between foreign and Russian databases of national driving licenses. The lack of a technical and legal basis for conducting such reconciliations does not allow timely identifying potential offenders. In this connection, unscrupulous citizens of the neighboring countries often take advantage of it, remaining unnoticed, and successfully work as bus drivers in various regions of Russia. In addition, the authors of the current paper have identified the problem of legal regulation of interaction between business entities and the Traffic police of the Russian Federation to get urgent information about the revocation of driving licenses from Russian drivers.

UDK: 343.341.1/342.3:656

Pavel V. Agapov - Doctor of Law, professor, senior researcher of the department ‘Scientific support for prosecutor's supervision and strengthening the law in the sphere of federal security, interethnic relations, counteraction to extremism’ of the Research Institute of the University of the R.F. Prosecutor General’s Office, senior counselor of justice

Sergey V. Borisov - Candidate of law, docent, researcher of the Research Institute of the University of the R.F. Prosecutor General’s Office, senior counselor of justice

Abstract. On the basis of the current legislation and law enforcement practice, the current paper has considered the problems of anti-terrorist security of the Russian transport complex in the field of prosecutors’ supervision. There has been made a conclusion that prosecutors’ supervision over the enforcement of laws on counter transport terrorism, anti-terrorist security of transport complex facilities is still of great urgency caused by such modern challenges and threats as the activities of international terrorist organizations, cyber terrorism, further aging and deterioration of Russian transport, problems with the staff and its training, violation of the use of airspace by general aviation and drones, massive cases of deliberately false reports of terrorist acts, lack of proper control over the use of foreign labor at transport facilities, etc.

UDK: 351.811.12

Dato R. Makharadze - senior state inspector of the Department of State Automobile and Road Supervision of the Rostransnadzor

Abstract. The current paper has analyzed the introduction of a number of significant amendments to the Federal Law “On the Protection of the Rights of Legal Entities and Individual Entrepreneurs in the Implementation of State Control (Supervision) and Municipal Control”. The authors have studied the results of the weakening of the control impact on legal entities and entrepreneurs in the field of automobile transport and road economy. The paper has analyzed the changes in the existing way of interaction of the control and supervisory authority with economy entities by introducing holidays for small and medium-sized businesses and the transition to a risk-based approach in state control. The paper has considered the practice of creating a checklist taking into account the risk level of an economic entity, introducing transport control information systems based on the risk-based approach method and allowing remote monitoring of entities, contactless interaction with entities, and making decisions on supervisory response measures. Based on the application of systematic legal analysis methods, there have been studied the results of the planned inspections conducted by the Rostransnadzor. There has been estimated the statistical data on holding persons administratively liable since 2015. There has been also considered the efficiency of such a form of control and supervision activity as planned (raid) inspections of vehicles, which are carried out without interaction with economic entities. According to the study results there have been determined the directions of further study of the issue.

UDK: 347.463:656.61

Vladimir Al. Iliin - chief specialist of the Transport Security Support Devision of the Security Management Department of FSUE ‘Rosmorport, kokso@mail.com

Abstract. The current paper has presented the analysis of amendments in the regulatory legal framework for enforcing transport security with regard to maritime transport. Due to the applied methodology of legal analysis using the achievements of transport and legal science, there have been considered a critical understanding of the innovations in the legislation on transport security and their possible consequences for maritime transport. The incentive to write the current paper was the issued in August 2019 Federal Law No. 270-ФЗ “On Amendments in the Federal Law “On Transport Security” and Certain Legislative Acts of the Russian Federation on Providing Transport Security”. The law necessitated adjustments to the organization of work of transport infrastructure entities to enforce security of operating transport infrastructure facilities and vehicles of all modes of transport. The aforementioned Federal Law has made significant changes, for example, in the basic concepts, cancellation of categorization, vulnerability assessment, transport security requirements, planning and implementation of measures to ensure transport security, rights and obligations of transport infrastructure entities, training and certification of transport security staff, etc. At the same time, after coming into force of certain provisions of the Federal Law “On Transport Security” on January 30, 2020, the issue of fulfilling transport security requirements has still remained unclear for transport infrastructure entities (carriers) in maritime transport because of absence of by-laws and regulations that take into account the amendments in legislation. In this regard, taking into consideration the existing lag of by-laws, the current paper has explained the main provisions of the amendments with regard to maritime transport. There has been conducted the analysis of their effect on implementation of the requirements of the legislation in enforcing transport security, and has been made corresponding conclusions. According to the formal legal analysis of the provisions of the Federal Law “On Transport Security”, taking into account the amendments, the current paper has considered the problematic issues related to the extension of the requirements established by the new version of the norms of this act to almost all vessels used for merchant shipping.

UDK: 343.34

Olga M. Zemlina - Candidate of law, docent, associate professor of the department ‘Transport Law’ of the Law Institute of the Russian University of Transport, honored worker of high professional education of the Russian Federation, member of the direction ‘Transport security’, an expert of the Scientific-Advisory Section of the Center for Security Studies of the Russian Academy of Sciences (SAS CSS RAS)

Maksim M. Gaditsky - Master’s Degree student of the Law Institute of the Russian University of Transport

Abstract. The current paper has considered some factors of the current increase in terrorism on railway transport, which is characteristic not only for Russia, but also becoming universal. The authors of the current study have used formal legal analysis tools and a systematic and legal approach. The current paper has identified the essential features of legal categories that are in a gender-specific relationship and dependent on the concept of “transport security” legalized in Russian law. As a result, the authors have formulated a definition of “anti-terrorist security of an object” being a part of the concept of "transport security". They consider that "transport security" is always considered in the narrow sense of the word, characteristic of the legal interpretation of the analyzed term; and it includes only the protection of transport infrastructure from terrorist crimes and does not affect other illegal actions that could have a negative impact on the degree of security and, accordingly, the efficiency of the transport complex and the transport system of Russia. According to the analysis of the issues of legal regulation of various aspects which enforce security of transport the authors have made a reasonable conclusion about their obvious omissionship and, in part, contradiction, which determines the necessity to resolve these problems of positive law in Russia. The current paper contains definitions of the constituent elements of terrorist criminality in railway transport. There has been substantiated the necessity to improve the anti-terrorism security of railway by establishing the priority of an interagency integrated approach. There has been proposed a set of measures to eliminate the terrorist threat. In particular, there has been proposed to consider the anti-terrorism security of railway transport as an independent direction of the state’s criminal policy.

UDK: 629.362

Ivan S. Tushko - head of the Transport Security Department of the SUE "Passazhiravtotrans" (Saint-Petersburg)

Abstract. Transport security is of great importance in the transport system of Russia, with annually attracts more and more attention of the state and the transport community. The ongoing processes, including those with negative consequences such as human victims because of terrorist acts, make everyone realize the importance of measures to enforce security when traveling by transport. The current study deals with research of the current state of transport security enforcement and anti-terrorism protection of public urban road transport; identification of practical problems in the implementation of existing legislation, and analysis of the adequacy of the measures taken by the state and transport infrastructure entities. An important role in the study is played by the search for solutions to the identified practical problems that are of particular relevance while ensuring the stable and safe functioning of the transport complex.

UDK: 342.5:656

Maksim V. Trushin - deputy head of the Center of Anti-Corruption Activities of JSCo "RZD"

Aleksandr Ig. Zemlin - Doctor of law, professor, head of the department of Transport Law of the Law Institute of the Russian University of Transport, honored scientist of the Russian Federation, supervisor of the direction of the Scientific-Advisory Section of the Center for Security Studies of the Russian Academy of Sciences (SAS CSS RAS)

Abstract. The railway complex is of particular strategic importance to Russia. It is a connecting link of the unified economic system, and it ensures stable operation of industrial enterprises, timely delivery of vital goods to the most remote areas of the country, and it is also the most affordable mode of transport for millions of citizens. The current paper has considered the approaches and fundamentals of counteracting corruption in the organizations set up to fulfill the tasks assigned to the Government of the Russian Federation. There have been shown a role and importance of the main directions of government policy in the field of counteracting corruption and the procedure for implementing measures aimed at identifying processes and systematizing the causes, conditions and circumstances of corruption. There has been identified an absence of a unified anti-corruption legislation and direct norms of action related to employees in the organizations set up to fulfill the tasks assigned to the Government of the Russian Federation. There has been determined a necessity for a unified approach to the implementation of the principles of preventing and counteracting corruption. In this regard, there has been substantiated a need to improve legislation in the field of prevention and counteraction to corruption.

UDK: 656

Oksana Iv. Mamina - Candidate of Law, associate professor of the department of Administrative Law, Ecological Law, Information Law of the Law Institute of the Russian University of Transport

Abstract. As part of the reform of enforcement activities in Russia, the automation of this activity through the operation of relevant information resources has been considered as one of the urgent facets to improve the interaction of enforcement agencies and persons. The large-scale digitalization of enforcement activities in the field of transport, which already uses a risk-based approach, is aimed at reducing the costs of controlled objects, increasing the efficiency of information exchange, as well as the efficiency and transparency of state control (supervision). The current paper presents and explores the provisions of individual acts of government, the implementation of which is aimed at the gradual implementation of information-analytical systems and services in the enforcement activities of the Rostransnadzor and other federal executive bodies.

UDK: 342.95

Olga R. Afanasieva - Doctor of Law, docent, associate professor of the department of Criminal Law, Criminal Procedure and Criminalistics of the Law Institute of the Russian University of Transport, afanasevaor@yandex.ru

Abstract. Transport security is a relatively new administrative and legal institution, the emergence of which is associated with the adoption of the Government regulation, defining the issues of Russian Ministry of Transport. Despite the fact that this legal category is not only legally identified, but also defined in the current Federal Law of February 9, 2007 No. 16-ФЗ "On Transport Security", the discussions in the scientific literature are going on: its legal definition, the possibility of use in the science and law enforcement activity as the synonym for such categories as "safety at transport facilities", "safety at transport", "safety of transport infrastructure", which, despite their similarities, are often used in their own content different from "transport security"; the main structural elements of "transport security"; its relationship with other types of security, etc. The current paper substantiates the allocation of transport security as one of the types of national security; determines a means to achieve socio-economic and foreign policy goals of our country; considers its essence and content as one of the subjects of administrative regulation. As a component of legal measures, the author has presented a set of administrative and legal measures intended for the legal regulation of public relations arising at the objects of transport infrastructure and means of railway, air, sea, river and other modes of transportation to counteract unlawful interference in the activities of transport infrastructure as well as the elimination of their consequences. The current paper reveals the difficulties arising in connection with the implementation of administrative measures, provides a system of regulatory legal acts, through the implementation of which modern administrative and legal support for transport security in Russia can be carried out.