UDK: 355.243

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 examined a range of issues related to the use of vehicle confiscation as a criminal-law measure to terminate criminal cases on non-rehabilitating grounds. There has been analyzed the legal nature of such grounds, their differences from rehabilitating grounds, and the legal consequences for the individual against whom the criminal case is terminated. Based on a review of judicial practice and court rulings, there has been substantiated that confiscation of a vehicle under paragraph “d” of Part 1 of Article 104.1 of the Russian Criminal Code in a traffic safety offense committed while intoxicated should be mandatory upon proof of the vehicle’s use to commit the crime, regardless of the subsequent outcome of the criminal case. There has been made a conclusion regarding the mandatory nature of the confiscation provision and its preventive purpose.

UDK: 343.97

Valery F. Tsepelev - Doctor of Law, professor, Kutafin Moscow State Law University (MSAL), Academy of Management of the Ministry of the Interior of the Russian Federation, honored lawyer of the Russian Federation, Moscow, Russia

Elena An. Drozdova - Candidate of Law, associate professor, Russian University of Transport (MIIT), leading researcher at the Center for Security Studies of the Russian Academy of Sciences, Moscow, Russia

Abstract. There have been studied the concepts of “transport security” and “transport safety”, their legislative codification, and their distinctions. There have been analyzed current practices and criminal law provisions aimed at countering terrorist attacks, sabotage, and cyberthreats in the transport sector. There has been paid particular attention to changes in criminal legislation and the analysis of the explanations of the Plenum of the Supreme Court of the Russian Federation about the classification of terrorist offenses and sabotage at transportation facilities. There have been considered such current challenges as terrorist attacks on transport facilities following the start of the special military operation in Ukraine (the bombing of the Crimean Bridge, attempted bombings on the railway), and cyberattacks on traffic control systems. In order to improve the Criminal Code of the Russian Federation, there has been proposed to introduce specific provisions on cyber-sabotage in transport and to expand the scope of Article 281 of the Criminal Code to account for new forms of subversive activity. There has been concluded that a comprehensive approach is of great necessity, combining preventive measures, updated legislation, and strengthened control of critical transport infrastructure.

UDK: 343.1

Anna M. Repieva - Candidate of Law, Russian University of Transport (MIIT), Moscow, Russia

Abstract. A key aspect of transport security enforcement is ongoing, timely work aimed at identifying effective measures, methods, and means for the state to prevent disruptions to the functioning of the transportation system. One of such measures, in the context of ensuring road safety, was the introduction of amendments establishing increased liability for individuals who committed crimes under Articles 264.1, 264.2, or 264.3 of the Criminal Code of the Russian Federation through the confiscation of a vehicle. There has been argued that the significant preventive effect of property confiscation not only affects the individual who committed the crime but also affects a wider range of individuals.

UDK: 43.346.2

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

Abstract. The acts related to the violation of road traffic safety rules and transport operation by individuals in the state of intoxication have attracted increased attention from legislators and society. There have been made numerous amendments to the Criminal Code of the Russian Federation and other regulatory legal acts, and some issues have been subject to review by the Constitutional Court of the Russian Federation, which has not resolved all the existing problems. An analysis of literature, judicial practice, and other sources allows proposing the ways to solve them. Refusal to undergo a medical examination for intoxication is considered intoxication, although it can be caused by various reasons, not just intoxication. To solve these problems, the scholars consider that it is crucial to distinguish between two elements, namely committing a crime while intoxicated and refusing to undergo the appropriate examination. The prevalence of drunk driving cases led to the introduction of a new Article 264.1 to the Russian Criminal Code, which has caused criticism from scholars who disapprove of administrative prejudice and do not see sufficient public danger in this act. The number of criminal cases under this article runs into the tens of thousands. The provisions of the Code of Administrative Offenses of the Russian Federation may be applied to address this issue, provided the sanctions are sufficiently severe. The inability to establish intoxication in cases where a person leaves the scene of a traffic accident makes necessary to introduce an additional qualifying element in Article 264 of the Criminal Code, the validity of which is questionable. A preferable solution may be to admit circumstantial evidence in such situations. A significant number of changes are required to prosecute drivers in the state of drug intoxication. It is critical to ensure a differentiated approach to drivers who have taken drugs, taking into account, among other things, the purpose of their use and the presence of clinical signs of intoxication.

UDK: 343.97

Svetlana V. Gusarova - Candidate of Pedagogical Sciences, associate professor, All-Russian State University of Justice (RPA of the Ministry of Justice of Russia), Moscow, Russia

Abstract. The rise in juvenile delinquency on railway raises relevant concerns. With alarming regularity, the media reports on acts of vandalism, teenagers’ riding on train car roofs, and even arson attacks on relay cabinets. The purpose of the current study was to examine the criminally significant characteristics of juvenile delinquency on railway, analyze their motives, and explore possible ways to prevent this dangerous phenomenon.

UDK: 343.3/.7

Vladimir N. Safonov - Candidate of Law, Associate Professor, Associate Professor of the Department of Criminal Law of the North-West Branch, University of Justice named after V. M. Lebedev, federal judge (retired), Saint-Petersburg, Russia

Abstract. In the context of significant losses of human lives that modern Russian society suffers in the sphere of transport, there has been set the goal to study their real protection in the designated area. From the standpoint of a dialectical approach to the content and essence of any social phenomenon, the author addresses the problematic aspects of responsibility for causing death to a person while driving a vehicle. According to various research methods (systemic, logical, comparative and, in fact, legal), there has been analyzed the modern regulatory framework in terms of transport crimes, materials of judicial practice and the latest most relevant publications devoted to the study of crimes in the field of driving vehicles. Based on the analysis of judicial practice, in particular, the Resolution of the Plenum of the Supreme Court of the RF of December 9, 2008 No. 25 “On judicial practice in cases of crimes related to the violation of traffic rules and the operation of vehicles, as well as their illegal seizure without the intent to steal”, and procedural decisions of lower courts of the Russian Federation, there has been determined an unjustified expansion of the judicial approach to the classification of causing death to victims, when this is related to the actual driving of vehicles by a guilty party, not according to the special norms of Chapter 27 of the CC of the RF, but according to a more lenient general norm (Article 109 of the CC of the RF). There have concluded about the inefficiency of criminal-legal protection of human life in the sphere of transport due to such a qualification approach of the law enforcement officer and, as a consequence, through symbolic punishment, which entails “devaluation” of a human life as an object of criminal-legal protection and its ineffective protection. There has been proposed a change in judicial approaches to the qualification of such crimes.

UDK: 343.343.3

Iliya S. Krylov - Deputy Head of the Department for Investigation Organization and Application of Administrative Legislation, Main Directorate for Transport of the Ministry of Internal Affairs of the Russian Federation, Moscow, Russia

Abstract. The current paper has analyzed the legal and organizational foundations of the activities of other public transport, determining the specifics of the place and circumstances of the commission of crimes, according to the paragraph “c” of Part 1 of Article 213 of the CC of the RF. According to the generalization of the provisions of regulatory legal acts in the field of transport, there has been presented a normatively substantiated list of types of other public transport, their classification, types of rolling stock, which are important for the purposes of qualifying hooliganism committed on various types of transport. There has been focused the complex structure of passenger transport enterprises and a wide range of regulatory legal acts governing their activities, the specifics of types, composition and structural elements, as well as their applicability in criminal law. There has been separately identified the problem of the lack of a unified understanding of the content of the concepts of “transport” and “vehicle” in criminal law literature. There has been provided an analysis of research works, the purpose of which was to attempt to develop universal criteria for the conceptual apparatus applicable to criminal law. The research part of the work has presented the arguments that the rolling stock of this group of public transport should include buses, trams, trolleybuses, electric buses, subway cars, monorails, cable cars or funiculars, which are intended for the implementation of passenger transportation in the mode of urban or off-street public transport. In order to visualize the conclusions, there has been enclosed a schematic list of other public transport, which can be used in law enforcement activities to qualify the acts provided for in the paragraph “c” of Part 1 of Article 213 of the Criminal Code of the Russian Federation, committed on other public transport.

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.

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.

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.