UDK: 343.3/.7

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

Abstract. The current paper has presented the study of the problems of a forensic examination of vehicle markings that arose because of the withdrawal of vehicle manufacturers in Europe, North America, as well as several Asian countries, such as South Korea and Japan from the Russian market. The difficult situation that has arisen with the provision of information to the process of conducting forensic examinations of this type has occurred because the activities of official representative offices of foreign vehicle manufacturing factories of the above states have been given away on the territory of our country. As a result, the information arrays of these factories, which have recently been actively used in establishing primary (factory) identification markings, have become unavailable. This significantly complicated the examination and research of vehicle markings and reduced the performance of forensic departments (hereinafter referred to as FD) of internal affairs bodies. The variety of vehicles from Chinese manufacturers that have appeared on the Russian market and the establishment of information links with them allows us to assess the situation for the near future as positive with moderate optimism. But for now, the main task is to restore information links with vehicle manufacturing factories from the states that have ceased their activities in Russia. Based on the analysis results of the current situation in this area of forensic activity, there have been identified areas of work that would eliminate the problems that have arisen and would provide information support for the process of forensic examinations and research of vehicle markings in the future.

UDK: 343.346

Viktor V. Gorovoy - Candidate of Law, associate professor, Russian University of Transport (MIIT)

Sergey V. Dubovichenko - Candidate of Law, associate professor, Moscow University of Finance and Law (MUFL)

Svetlana Yu. Yushenkova - Moscow University of Finance and Law (MUFL)

Abstract. Destruction of vehicles and ways of transportation is one of the most dangerous transport crimes, since it can lead to major accidents, the death of many people, significant property damage, and other socially dangerous consequences. Federal Law of December 30, 2020, No. 526-FZ Art. 267 of the Criminal Code of the Russian Federation is set out in a new edition. It was fundamental to change the design of this crime from material to specific danger. Having studied this norm from a retrospective and comparative legal point of view, there has been concluded that the use of a specific hazard composition is justified and necessary to enforce transport security. However, the proposed changes are not free from several shortcomings, both legal-technical and substantive. There has been critically estimated the introduction of a very vague concept of “security threat” to characterize one of the possible consequences of this crime. The inclusion as qualifying signs of careless infliction of light and moderate harm to health does not meet the criteria for differentiation and individualization of criminal liability for transport crimes. There have been also studied the criteria for estimating the threat of socially dangerous consequences and raised the problem of containing the subjective side of the composition of a specific danger.

UDK: 343.346

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

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

Abstract. One of the priority areas of state policy and an important factor in ensuring sustainable socio-economic and demographic development of the Russian Federation is improving road safety, aimed at preserving the life, health, and property of citizens. The current paper has presented the results of a study of regulatory legal acts, materials of judicial practice, scientific works, and official statistics for the period from 2015 to 2022 about crimes provided for in Art. 264.1 of the Criminal Code of the Russian Federation, large-scale sociological studies on the level of personal security. There has been paid attention to modern trends (among the main ones is a noticeable increase in registered crimes provided for in Article 264.1 of the Criminal Code of the Russian Federation, and the persons who committed them, their growth rates, as well as the number of convicts, etc.) and the regional aspect. There have been identified leaders of criminal statistics by the number of registered crimes under Art. 264.1 of the Criminal Code of the Russian Federation. There have been considered the most pressing and controversial issues of criminal liability for repeated driving of a car, tram or other mechanical vehicle while intoxicated after bringing a person to administrative responsibility for a similar act or a person with a criminal record for committing crimes under Parts 2, 4, 6 of Art. 264 or Art. 264.1 of the Criminal Code of the Russian Federation. There have been analyzed such legal concepts as “driving a mechanical vehicle”, “state of intoxication”, “authorized official”, “person with a criminal record”, which the legislator uses as crime-forming characteristics in these crimes. The emphasis has also been made on the state of intoxication caused by “other substances”, the problems of the algorithm for passing a medical examination for intoxication. There have been given the recommendations on the qualification of crimes provided for in Art. 264.1 of the Criminal Code of the Russian Federation.

UDK: 342.9

Aleksandr S. Parshakov - Candidate of Law, associate professor, Russian University of Transport (RUT MIIT); Military University of the Russian Ministry of Defense, reserve colonel of justice

Alexey A. Parshakov - Military Prosecutor's Office of the Western Military District, Lieutenant Colonel of Justice

Abstract. The current paper has studied the issue of changing the state approach to criminal policy, which laid the foundation for the development of wartime criminal legislation. At the same time, there has been emphasized that the legislator took a selective approach to changing this criminal legislation, focusing on the classification of only part of the crimes, unreasonably leaving several articles in the previous edition, including military transport crimes, such as abandoning a sinking warship, violating driving rules or operation of machines, violation of flight rules or preparation for them and violation of navigation rules. Moreover, most of these crimes are blanket, since they are associated with violation of the rules that are established by regulatory legal acts and local regulations, both in peacetime and in combat situations. In addition, there have been given the examples and other reasoned arguments to justify the need to qualify these military transport crimes during periods of mobilization or martial law, wartime, or in conditions of armed conflict or hostilities. In addition to proposals to introduce the qualification under consideration into the indicated crimes of the chapter on crimes against military service, there has been proposed to make an addition to the chapter on crimes against the order of government of the Criminal Code of the Russian Federation, while there has been proposed to criminalize acts directed against the order of mobilization and ensuring the regime of martial law or wartime, due to failure to fulfill military transport obligations. Proposing changes to the criminal legislation related to the need to qualify military transport crimes and criminalize acts of failure to fulfill military transport duties during periods of mobilization or martial law, wartime or in conditions of armed conflict or combat operations, the author has relied on the practice of the activities of military authorities, prosecutor’s office and military investigative authorities.

UDK: 343.1

Aleksey An. Maksurov - Candidate of Law, Yaroslavl State University named after P. G. Demidov

Abstract. Based on an analysis of the current criminal procedural legislation, there have been studied the most popular “objective” sources and forms of obtaining special knowledge in practice: the conclusion and testimony of an expert and specialist. The current paper has shown the similarities and differences between these types of evidence and has also drawn attention to the features of their estimation by the preliminary investigation body and the court. There has been concluded that it is necessary to change the criminal procedure law in the sense that a specialist should become the basic procedural figure among them.

UDK: 343.3/.7

Vladislav An. Shvedchenko - Russian University of Transport (MIIT)

Abstract. Scientific and technological progress is currently developing rapidly. One of the promising areas is the development of highly automated vehicles. Currently, highly automated vehicles are already becoming a reality, experiments are being carried out on the use of these vehicles on roads, in air, water, and space. The development of technologies can give new opportunities, and new issues also arise for the regulation of this field of activity. The current paper is devoted to social relations arising from the use of highly automated wheeled vehicles. It provides an overview of the regulations governing the use of highly automated vehicles, as well as research papers on the issue. Based on the above analysis of the scientific literature, existing documents, there has been proposed to amend the criminal legislation.

UDK: 356.168

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

Abstract. The current paper deals with theoretical and practical issues of legal support for anti-sabotage activities at transport infrastructure facilities. There has been shown that the fight against sabotage in transport is a relatively independent area of activity to enforce transport security. There have been analyzed similarities and differences between the concepts of “terrorism” (“terrorist act”) and “sabotage” (“sabotage act”). There has been made an analysis of some provisions of the legislation on transport security and proposals for its improvement.

UDK: 343.136

Stanislav V. Bazhanov - Doctor of Law, professor, academician of the Petrovsky Academy of Sciences and Arts, retired colonel of justice

Andrey Ar. Malakhov - associate professor of the department of criminal law disciplines, Russian Academy of National Economy and Public Administration under the President of the Russian Federation (a branch in Vladimir), retired police colonel

Abstract. The current paper has presented the study of certain issues related to the legal status of the captains of sea and river vessels on long-distance voyages in the criminal process of the Russian Federation. The attention of the reading audience has been focused on their powers (as bodies of inquiry) associated with the initiation of criminal cases and the implementation of urgent investigative actions. There has been proved that the current version of Art. 40 of the Code of Criminal Procedure of the Russian Federation is not correct and causes fundamental rejection. It is to be finalized as soon as possible by Russian parliamentarians in order to ensure effective public and personal security of personnel and passengers of sea and river transport in (long-distance) navigation.

UDK: 343.148.63

Valery L. Popov - Russian University of Transport (MIIT)

Abstract. Modern forensics in air, rail and water transport is today regarded as one of the most important sources of obtaining reliable and objective evidence in court. At the same time, despite the modern development of forensic activity in Russia, there is no state forensic support for the technical study of railway, air and water transport, which is a consequence of the Soviet and post-Soviet period of investigations of accidents and incidents in transport, which is under the jurisdiction of the state. Based on this, the current forensic support of this type of research is carried out only on a paid basis by non-state forensic organizations, which since 2001 have not developed on the generally accepted principles of state forensic examination based on knowledge of the theoretical and methodological foundations of forensics that determine the degree of scientific character and objectivity of the applied methods and techniques. Art. 41 of the Federal Law of May 31, 2001 No. 73-FZ “On State Forensic Activities in the Russian Federation” has fixed the functioning of non-state forensics at the legislative level, and on the other hand, limited the effect of a number of articles on non-state forensics of the same Law, which determine the qualification requirements for a forensic specialist, as well as the unity of professional training and the scientific and methodological approach to research. To understand this, there have been studied the reasons for the current forensic practice in the transport block and there have been proposed the measures that should qualitatively affect the elimination of existing problems in forensic activities to provide forensics in air, rail and water transport.

UDK: 342.9

Aleksandr S. Parshakov - Candidate of Law, associate professor, Russian University of Transport (MIIT), Military University of the Ministry of Defense of Russia, retired colonel of justice

Abstract. The current paper has considered the features of bringing military drivers and military officials to legal responsibility for committed incidents involving cars, military, special and transport vehicles. The author has analyzed the types of legal liability to which military personnel may be involved, namely administrative, disciplinary, material and criminal. There has been emphasized that, depending on the severity of the consequences, one or another type of legal liability may be applied to military personnel, for example, for violation of the rules for driving and operating vehicles that did not lead to accidents with people or other serious consequences, military personnel may be subject to disciplinary liability, and commanders, senior officers and other military officials may be held criminally liable for violation of the rules for driving or operating vehicles. With regard to a serviceman, as a subject of transport and other offenses related to transport, the author has comprehensively considered the possibility of bringing him to criminal liability for other crimes related to automotive and other military equipment, in particular, intentional or negligent destruction or damage to military property, loss military property, failure to provide assistance to a person in a life-threatening condition, poor-quality repair of vehicles and their release into operation with technical malfunctions, forgery or destruction of the vehicle identification number. Considering the practice of bringing military personnel to various types of legal liability for offenses related to transport, including military ones, the author has relied on the practice of the activities of the military prosecutor’s office and military investigative agencies.