UDK: 347

Sergey V. Sekushin - Deputy CEO of Institute of economics and transport development (IETD)

Abstract. The current paper has presented a brief analysis of the ownership of railways (as property) in Russia and some foreign countries (France, China, Germany) according to the type of rights and subjects. There has been established that in Russia, public railway transport infrastructure facilities belong to a number of entities (including JSC “Joint Stock Company “Railways of Yakutia”, FSUE “Crimean Railway”, FSUE “Railways of Novorossiya”, LLC “Rubicon”), and only the objects of JSC “Russian Railways” are limited in a turnover. Such regulation is individual and not objective, which is a clear drawback and requires improvement of legislation. In the context of setting up a Unified Core Transport Network of the Russian Federation, there have been proposed directions for the development of the institution of restriction in the railway property turnover. This development should consider the possibility of restoring licensing of owners of public railway infrastructure facilities and involving existing facilities of JSC “Russian Railways” in concession projects, despite their limited turnover.

UDK: 342.9

Larisa L. Polionskaya - Leading expert of the Department of Coordination, Methodological and Legal Support of the Center of Anti-Corruption Activities of JSC “Russian Railways”

Maksim V. Trushin - Head of the Department of Coordination, Methodological and Legal Support; Deputy Director of the Center of Anti-Corruption Activities of JSC “Russian Railways”

Abstract. In the current paper, based on an analysis of the application of anti-corruption legislation, legal mechanisms for combating corruption, preventing, and resolving conflicts of interest, practices and procedures of organizations created to fulfill the tasks assigned to the Government of the Russian Federation there has been concluded about the impact of the effectiveness of these procedures on minimizing corruption. There has been considered an experience of JSC “Russian Railways” in the adoption of systemic anti-corruption measures and the development of business ethics and analyzed the efficiency and their applicability. The study result obtained using the methodology of formal legal analysis and systemic legal approach can help disseminate the experience of JSC “Russian Railways” and bring a positive effect in improving measures to prevent corruption in the establishments set up to fulfill the tasks assigned to the Government of the Russian Federation.

UDK: 340

David Ar. Melkonyan - Russian University of Transport (MIIT)

Abstract. The current paper has considered the main theoretical and methodological approaches to the essence and content of accreditation as one of the forms of licensing activities in the field of transport security and shown the importance of accreditation to ensure the quality and efficiency of the activities of transport security divisions. There have been identified basic principles and functions of accreditation of legal entities involved in enforcing transport security, given a description of the main types of accreditations, analyzed judicial practice on this issue, and formulated some proposals to improve the legal regulation of accreditation in the field of enforcing transport security.

UDK: 342.9

Viktor M. Koryakin - Doctor of Law, professor, Russian University of Transport (MIIT)

Abstract. The current paper deals with the analysis of the norms of legislation on transport security regulating the issues of suppressing acts of illegal interference in transport activities using unmanned vehicles of various classes and for various purposes. There have been considered the innovations in legislation that give transport security divisions the powers to suppress the functioning of aircraft, submarines and surface vessels and vehicles, unmanned vehicles, and other automated unmanned systems. There has been concluded that there are legal gaps in transport legislation related to the insufficient regulation of the procedure for making decisions on the use of special means and firearms to suppress acts of illegal interference using unmanned aerial vehicles. There have been proposed some rule-making measures aimed at overcoming these legal gaps.

UDK: 342

Svetlana V. Voronkova - Candidate of Law, Research Institute of Industrial and Maritime Medicine of Federal Medical Biological Agency

Abstract. The current paper deals with the administrative and legal aspects of protecting the health of transport employees and its place in the system of transport safety and security. There has been noted that the sustainable and safe functioning of the transport complex presupposes a state-regulated process of targeted influence on public relations aimed at preventing accidents and incidents, preserving the life and health of employees, passengers, vehicles, cargo, and the environment. At the same time, the efficiency of public administration in the field of transport security is based on an integrated approach to the implementation of public and private interests, the interaction of executive authorities, public organizations, employers, and employees. There has been given an information from the law enforcement practice of control and supervisory authorities on accidents and incidents in water transport, indicating the necessity for increased attention to the health status of employees. There have been considered main national and international regulations governing mandatory medical examinations and contraindications for working on sea and river vessels. Using the example of the activities of the FMBA of Russia, there have been presented methodological and organizational approaches to seafarers’ health protection, aimed at the safety of navigation, and influencing the provision of transport safety and security.

UDK: 347.2/.3

Eduard F. Shakhnazaryan - All-Russian State University of Justice

Abstract. The current paper has presented the current concerns related to enforcement proceedings that arise during coercive measures on the debtor’s property, in particular, on his vehicle. Having analyzed the existing legislation it has become clear that the current mechanism for searching for vehicles does not allow the bailiff to fully implement enforcement measures. There has been substantiated the conclusion that the efficiency of the implementation of legislation on enforcement proceedings directly depends on the legal regulation of by-laws governing the affected area.

UDK: 332.1

Artur D. Vardanyan - The Kutafin Moscow State Law University (MSAL), Advisor to the Transport Engineering Center of the State Autonomous Institution of Moscow “Research and Design Institute of the General plan of the city of Moscow”

Abstract. The current paper deals with the consideration of the features of territorial planning in order to develop transport infrastructure in the territories of settlements, in respect of which a decision has been made on their comprehensive development. There has been given the characteristics of the legal regime for the integrated development of territories, there has been shown a place of the transport component in achieving the goals of integrated development, and there have been proposed some measures to improve the legal regulation of these relations.

UDK: 625.7/.8

Vasily Al. Bokan - Federal State Institution “Roads of Russia”

Abstract. The development of the highway network is one of the key tasks in the development of the country’s transport infrastructure. Its implementation inevitably requires the seizure of land plots from rights holders for the needs of road construction, and due to the linear nature of the located objects, such seizure simultaneously affects the interests of many private individuals. The imperfection of legislative regulation in this area leads to a large number of legal disputes and delays in the procedure for providing land plots for the placement of roads and road infrastructure, as a result of which this stage of the process of their construction (reconstruction) is the lengthiest and legally complex. The current paper has presented the discussion of current problems of determining the grounds for the seizure of land plots for the needs of road construction and suggested directions for improving the legislative regulation of this area of public relations.

UDK: 656.2.08; 614.842

Vladimir V. Khomik - JSC Fishing collective farm “Vostok-1” (Vladivostok)

Abstract. Transport security is the state of protection of transport infrastructure facilities and vehicles from acts of illegal interference. Threats of committing acts of illegal interference require transport infrastructure entities to unquestioningly comply with requirements to enforce transport security. Compliance with transport safety requirements is monitored by supervisory authorities represented by the transport prosecutor’s office and Rostransnadzor. But what should a shipowner do if compliance with transport safety legislation entails a violation of fire safety rules? Is it necessary to install an access control system to critical elements of the ship, understanding that if there is a fire, people may die on it, and failure to comply with transport safety requirements will result in criminal penalties? The current paper has considered the contradictions in transport and fire safety requirements regarding the installation of access control systems to critical elements on ships. There have been studied existing regulatory documents and have been formulated proposals to resolve the identified contradictions in the legislation.

UDK: 343.3/.7

Vladimir Al. Zhavoronkov - Candidate of Law, associate professor, Russian University of Transport (RUT MIIT)

Abstract. The current paper has studied issues related to the use of modern technical means, the use of which makes it possible to increase the efficiency of inspection of the scene of a traffic accident, eliminating the implementation of unproductive and voluminous operations during investigative actions and, ultimately, investigations in cases of this category. There has been considered the possibility of using external outdoor cameras and video recorders for these purposes, as a means of quickly and objectively establishing all the circumstances of the accident, determining the role of each area in the accident and the technical quantities necessary to resolve the issues posed to the expert, in particular, such a technical quantity, as vehicle speed, which is one of the main quantities used when carrying out calculations in the process of performing forensic automotive technical examinations.