UDK: 343.2/.7:656

DOI: https://doi.org/10.30932/2500-1868-2026-58-2-08

Elena An. Drozdova - Candidate of Law, Associate Professor, Russian University of Transport (MIIT), Moscow, Russia

Valery F. Tsepelev - Doctor of Law, Professor, Kutafin Moscow State Law University (MSAL), Academy of Management of the MIA of Russia, Honored Lawyer of the Russian Federation, Moscow, Russia

Abstract. The subjects of the current study were the social relations arising from the implementation of the duties assigned to the entities of transport security enforcement, as well as the criminal law provisions that protect these relations. The purpose of the study was to determine the criminal-political content of the institution of transport security enforcement entities and propose ways to improve the criminal law provisions establishing their liability. The methodological framework comprised of formal legal, system structural, and comparative legal methods, supplemented by criminal political analysis techniques. The novelty is in the comprehensive characterization of the entities enforcing transport security according to the special subject of the crime defined by Article 263.1 of the Criminal Code of the Russian Federation, while simultaneously assessing the suitability of the current tools for meeting the objectives of the state criminal policy in the transport sector. The study has resulted in the identification of three levels of differentiation of responsibility, such as executive, organizational and administrative, and managerial, as well as the justification for the necessity for legislative consolidation of the characteristics of a special perpetrator of the crime in question and introducing sanctions in accordance with the real social danger of the acts. There has been concluded that the effective criminal and legal enforcement of transport security can only be achieved through the coordinated development of the regulatory framework, law enforcement practices, and organizational and personnel mechanisms within the transport infrastructure entities themselves. These conclusions can be used in rulemaking, in the preparation of a resolution of the Plenum of the Supreme Court of the Russian Federation on the application of Article 263.1 of the Criminal Code of the Russian Federation, and in the educational process when teaching criminal law subjects.

UDK: 347.79; 656.615

DOI: https://doi.org/10.30932/2500-1868-2026-58-2-07

Elmira N. Kharina - Candidate of Law, Associate Professor, Russian University of Transport (MIIT), Moscow, Russia

Abstract. The current paper is devoted to the criminal classification of crimes against transport security in the context of digitalization of transport infrastructure. There has been noted that the introduction of automated traffic management systems, digital transportation platforms, navigation systems, and highly automated and unmanned transport technologies has significantly changed the nature of transport security threats. At present, illegal attacks on the transportation system are increasingly being carried out through interference in the operation of information systems that manage transportation processes, transmit data, and coordinate traffic. The paper has analyzed the most common digital threats to transportation security, including cyberattacks on traffic management systems, remote interference with vehicle operation, interference with navigation systems and digital communication channels, and the risks associated with the operation of autonomous vehicles. There has been emphasized that such acts often affect both transport security and computer information protection, creating difficulties in determining the object of criminal and legal protection and distinguishing between the provisions of Chapters 27 and 28 of the Russian Criminal Code. Particular attention has been paid to the special aspects of the objective part of crimes committed through digital interference with transportation infrastructure, as well as the challenges of establishing a causal link between interference with automated systems and the resulting consequences. There has been considered the definition of a perpetrator of a crime, a form of guilt, and a distribution of liability among a transport system operator, a vehicle owner, and a software developer when using artificial intelligence and unmanned transport technologies. There has been concluded that current criminal legislation does not fully address the specifics of the digital transport environment, necessitating further improvements to criminal and legal protection mechanisms for transport security.

UDK: 343.3/.7

DOI: https://doi.org/10.30932/2500-1868-2026-58-2-06

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

Abstract. The development of unmanned transport technologies has revealed a fundamentally new layer of problems. Criminal liability for transport crimes is losing its anthropocentric nature and acquiring an algorithmic dimension, rendering traditional constructs of objective and subjective elements of a crime inapplicable. The regulatory framework of experimental legal regimes has recognized this reality, but criminal law has not responded to it yet.

UDK: 343.8:658.7

DOI: https://doi.org/10.30932/2500-1868-2026-58-2-05

Mikhail N. Kozin - Doctor of Economical Sciences, Professor, Main Researcher of the Center for the Study of Management Problems and Organization of Penalty Enforcement in the Penitentiary System, Federal State Institution Research Institute of the Federal Penitentiary Service of Russia, Moscow, Russia

Abstract. The subject of the current study was the impact of changing transport and resource conditions on the efficiency of material resources’ delivering to the Federal Penitentiary Service facilities of Russian located at the territories of the special military operation. The purpose of the study was to substantiate the rationale for taking into account dynamic constraints when selecting supply options and to determine the balance between target and cost effectiveness. The methodological basis was a system approach, a comparative analysis of the study of the logistical support of the penalty system, transport logistics, and the assessment of logistics costs. There has been established that changes in traffic conditions, traffic timing, route capacity, warehouse capacity, and pricing can impact not only the amount of transportation costs but also the completeness, timeliness, continuity, and safety of deliveries. There has been substantiated that, in the conditions under consideration, target efficiency defines the boundaries of feasibility for decisions, while economic efficiency is used to select options within the feasibility range. There has been concluded that there is a necessity for a two-stage decision evaluation, in which the options, that do not provide the required supply level, are initially excluded, and then the solution with the lowest present value is determined.

UDK: 351.746.5

Nataliya K. Titova - Russian University of Transport (MIIT), Moscow, Russia

Abstract. The current paper has presented a comprehensive study of the theoretical and applied aspects of behavioral profiling as a key instrument for preventative enforcement of transport security in the context of globalized terrorist and other criminal threats. The work is of great relevance due to the paradigm shift from reactive, technology-oriented security models to proactive, human-centered systems focused on the early detection of criminal intent. There has been revealed the essence of behavioral profiling as an interdisciplinary technology that integrates the analysis of a person’s verbal, nonverbal, and psychophysiological patterns. The study has thoroughly structured the methodological foundations of profiling, operationalized a set of key indicators of suspicious behavior, and analyzed the specifics of applying this method to neutralize suicidal terrorism, as one of the most dangerous threats. Particular attention has been paid to the synergistic effect of integrating behavioral analysis with hardware and software monitoring tools, developing a multi-level security system. Based on the analysis, there has been concluded about high operational and preventative efficiency of behavioral profiling and outlined such conditions for its successful implementation, as the necessity for extensive professional training of staff (profilers) and the development of clear legal and ethical protocols to prevent discrimination and uphold citizens’ rights. The current paper is of great importance for the development of applied criminology and transport security theory.

UDK: 355.243

Aleksandr S. Parshakov - Candidate of Law, Associate Professor, Russian University of Transport (MIIT), Moscow, Russia

Abstract. The current paper has considered several aspects of legal regulation of road safety, including the driving and operation of combat, special-purpose, and transport vehicles. To improve the combat effectiveness and readiness of troops, there has been proposed amendments and additions to current regulatory legal acts, as all legal acts of the Russian Ministry of Defense in this area are categorized according to types and branches of the Armed Forces of RF. For uniform and accurate application of these documents, it is necessary to codify them or organize them into a single local act. Moreover, some of the abovementioned legal acts have been in effect for several decades and require improvement due to current situation. There has been also established that the problematic issue of classifying military transport crimes committed during wartime remains unresolved. In the context of a special military operation, the process of developing wartime criminal legislation should be completed, covering liability for abandoning a sinking warship, violating driving or operating rules of vehicles, violating flight rules or preparation for them, and violating navigation rules. This should be accomplished by introducing the qualifying element “during periods of mobilization or martial law, during wartime, or in conditions of armed conflict or combat operations” into the relevant articles of the Criminal Code of the Russian Federation.

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.