UDK: 343.3/.7

Vladimir Al. Zhavoronkov - Candidate of Law, associate professor of the department ‘Criminal law, Criminal Procedure and Criminalistics’ of the Law Institute of the Russian University of Transport

Abstract. The current paper has discussed the issues that characterize the features of the current state of information support for forensic examination of vehicle markings (hereinafter referred to as the FE VM). There have been described the role and significance of additional information for solving problems of this type of forensic examination, as well as its difference from additional information used in other types of forensic examination. The paper has also proposed the concept of additional information, considered as a source of data necessary for the production of examinations and studies of the FE VM. There were investigated and described its characteristics and features. The paper has identified some trends in the "improvement" of criminal activity dealing with the implementation of criminal schemes, including actions, from vehicle’s theft to its resale. There have been considered some features of the technology of new vehicles’ marking at manufacturing enterprises and there have been identified a positive role of these features for the establishment of the primary (factory) identification markings in the process of examinations of the FE VM. When studying the envisaged by law procedure for obtaining additional information by state forensic institutions, the author has concluded that it is necessary to change the general approach to information exchange processes and its implementation using modern information technologies, including digital ones. At the same time, there has been considered the need to change the regulatory framework for the information support of the forensic examination of the FE VM and to develop a mechanism for direct access of employees of state forensic institutions to the database containing information necessary for examinations of this type. In addition, the author has proposed specific measures to improve the information support of the forensic examination of the FE VM.

UDK: 343.148.63

Valeriy L. Popov - senior lecturer of the department ‘Criminal law, Criminal Procedure and Criminalistics’ of the Law Institute of the Russian University of Transport

Abstract. Nowadays it is impossible to imagine the disclosure and investigation of a criminal case, whether it is a railway accident or an automobile-pedestrian accident, without a forensic examination. For many years, forensic examination has been positively distinguished among others by the fact that its starting point is an objectivity and reliability, which are largely guaranteed by the institution of norms and rules enshrined in codes, laws and other regulatory legal acts. This reputation is due to the state forensic examination, which until the 2000s practically occupied the entire judicial space. Today, the new types and kinds of forensic examinations which include study of breaking traffic rules and operation rules of railway, air, sea and inland water transport and the subway, are increasingly provoking issues of their objectivity and reliability. This is partly due to the fact that state forensic structures are inert to the development of new types of examinations, and therefore such examinations are carried out by persons who are not involved in state forensic structures, and as a result, they give rise to a set of problems of a procedural and methodological nature. The abovementioned issues have been analyzed in the current paper, and there have been given the recommendations that will make forensic study more reliable.

UDK: 343,98

Oleg Al. Ostrovskiy - post graduate of the department ‘Criminal Law and Customs Affairs’ of the law faculty of the Novosibirsk State Agrarian University

Yuriy P. Garmaev - Doctor of Law, professor of the department ‘Criminal Law and Customs Affairs’ of the law faculty of the Novosibirsk State Agrarian University

Abstract. The current paper has analyzed criminal justice measures to cybercrime according to the model of common law and security. There has been discussed the ability of the subjects of criminal justice to fulfill their main function. Investigation of cybercrimes is complicated by the confluence of factors that influence the criminal justice process. There is a common problem among law enforcement agencies around the world, which is associated with delays in the processing of digital devices, the complexity of processing large amounts of data, their security and the professional competence discrepancy of law enforcement officers in working with digital media. The relevance of studying the problem of cybercrimes can be substantiated by the necessity to implement new principles of criminal law policy.

UDK: 343.326:656

Aleksandr P. Ovechkin - Doctor of Philosophical Sciences, professor, professor of the department ‘Administrative Law, Ecological Law, Information Law’ of the Law Institute of the Russian University of Transport

Abstract. One of the most serious international problems is anti-terrorism, which is faced by all countries of the world, including this country. Transport and its infrastructure have become one of the most frequent and vulnerable targets of terrorist attacks. Let us recall September 11 attacks in the USA, numerous hit-and-runs in crowded places, attempts to blow up aircraft at London airport, explosions in Paris and Madrid metro, etc. The explosions in Moscow metro, blowing up the train from Moscow to St. Petersburg, the terrorist attacks in Volgograd, etc. became very public in our country. Anti-terrorism is a complicated task. The current paper has made an attempt to consider some of the legal aspects of protecting transport from terrorist attacks.

UDK: 343.346.53.02

Olga V. Novikova - Prevention of air transport offenses

Abstract. Inappropriate behavior of passengers on board has become a large-scale problem recently, that resulted in introducing changes not only in the norms of Russian air law, but also in the norms of criminal law. The current paper has considered proposals for the suppression of “air rage”, analyzed measures to prevent such cases in Russia, and also discussed tougher punishment for such passengers. Then, there have been considered the problems of inappropriate behavior of passengers on board. The rules of conduct in air transport are not complicated, but their incompliance results in negative consequences. Violation of the rules of conduct on board is a serious offense, since the crew does not have the opportunity to drop off a rowdy (as can be done on a train or bus). Air rage passengers are the passengers who do not obey the orders of the aircraft commander, create a threat to the safety of other passengers and the aircraft, and commit ruffian actions. Therefore, it is necessary to carefully study the rules of conduct on the plane and strictly adhere to them. As a rule, criminal punishment for air rage in Russia is mostly regarded as an administrative offense. In this regard, the current paper has proposed tougher measures of responsibility for air rage, as well as additional measures aimed at preventing cases of air rage.

UDK: 343.97

Pavel B. Afanasiev - senior lecturer of the department ‘Criminal Law, Criminal Procedure and Criminalistics’ of the Law Institute of the Russian University of Transport

Abstract. Corruption committed in the transport sector and recognized as part of corruption crime in the Russian Federation has specific characteristics that predetermine the necessity for its independent criminological study. The criminological characteristics of corruption at transport facilities involves the study of quantitative and qualitative indices that give an idea of both the crimes committed and the persons who commit them. The available scientific research was mainly devoted to estimation of the state of corruption in transport. In order to comprehensively estimate the criminogenic situation in the analyzed area and due to the existence of a corelation between the parameters of crime and persons responsible for committing crimes, the current paper has also presented an up-to-date brief analysis of corruption on transport, determining its share in the structure of all corruption cases registered in the Russian Federation, dynamics in the period from 2015 to 2019, as well as territorial distribution by federal districts of the Russian Federation. Presenting the quantitative and qualitative indices characterizing the parameters of the detection of persons guilty in corruption at transport facilities, the authors have compared and characterized the trends in registered corruption and the detection of perpetrators in the period from 2015 to 2019. There have been also presented the dynamics of the number of persons identified for committing corruption crimes at transport facilities in the analyzed period. There have been analyzed statistical data on the structure of corruption criminality in order to identify index corruption crimes, and also classified executives who committed corruption crimes at transport facilities, according to the bodies and organizations in which they held relevant positions at the time of the crime.

UDK: 343.985

Vladimir M. Yurin - Candidate of Law, docent, professor of the department ‘Criminal Procedure, Criminalistics and Forensics’ of the National Research University of Saratov State University

Arstangaly Am. Nurushev - Candidate of Law, associate professor of the department ‘Traceology and Ballistics’ of the Educational and Scientific Complex of expert and forensic activities of the Volgograd Academy of the Ministry of Internal Affairs of Russia

Abstract. The current paper has considered the search for the stolen as the most important direction in investigating criminal encroachments on cargo from the rolling stock of railway transport and, at the same time, as a tactical operation, including a set of operational-search measures, investigative and other actions aimed at establishing the location, detection and seizure of the stolen property. The authors have proved that the specific search methods used in the course of such an operation are determined not only by the properties of the stolen things and the possible ways of concealing and selling them, but also by the investigative situation in the criminal case. Taking into account the situational factor, there have been distinguished four vectors of the search for the stolen cargo, namely “from the place of the theft - to the place of concealment of the stolen valuables”, “from the time of the theft - to the place of concealment of the stolen valuables”; “from the identity of the criminal - to the place where the stolen goods were concealed”; “from the qualitative and quantitative properties of the stolen cargo - to its detection”. Under certain investigative conditions, there could also be formed methods of search of a stolen cargo based on the analysis of the operational situation in transport, personal experience in investigating thefts of cargo and other factors.

UDK: 343.97

Olga R. Afanasieva - Doctor of Law, docent, professor of the department ‘Criminal Law, Criminal Procedure and Criminalistics’ of the Law Institute of the Russian University of Transport

Valentina Iv. Shiyan - Candidate of Law, docent, associate professor of the department ‘Criminal Law, Criminal Procedure and Criminalistics’ of the Law Institute of the Russian University of Transport

Abstract. Among the priority tasks for the majority of the world countries is an anti-drug issue, including at transport infrastructure facilities. Transport in Russia (especially road and rail) is actively used by organized criminal groups and criminal communities for drug transportation. Despite the joint effort increase in drug threat to control, the conduct of international anti-drug operations, the development and use of the Interstate Information Bank, the establishment of specialized units for drug trafficking control, the problem of proliferation of drugs, psychotropic and potent substances, precursors of narcotic drugs and psychotropic substances still continues to be of great relevance. The current paper has presented the study results of the statistical indices of the PKI “GIAC of the Ministry of Internal Affairs of Russia” for the period from 2015 to 2019 (first of all, information on the state of drug-related crimes and the persons who committed them in Russia both as a whole and at transport facilities; on the state of criminality on air, railway and other modes of transport in the Russian Federation; a summary report on the state of criminality in transport), sentences of federal courts of general jurisdiction in cases of illegal drug trafficking, fundamental provisions of domestic criminology, which made it possible to identify current trends in drug criminality at transport facilities, to conduct a comparative legal analysis with national indices. Particular attention has been paid to using the capabilities of modern science in the process of production of new drugs and drug trafficking. According to the authors, the decline trends recorded in 2019 were primarily due to the efficiency of the preventive activities of law enforcement agencies. The conclusions made by the authors will allow expanding the scope of criminological knowledge about the current condition and trends of drug criminality at transport facilities, to justify the development of more effective preventive measures, to timely identify new threats to transport security and purposefully apply organizational and managerial decisions.

UDK: 343.9:656.7.025

Dmitriy V. Kuzakov - lecturer of the department of organization of judicial and law enforcement activities of the East Siberian Branch of the Russian State University of Justice

Abstract. The current paper has considered a significant number of accidents on air and water transport, as well as the complexity of the investigation of crimes committed on these modes of transport, due to their specificity. The author has proposed a classification of traces of crimes related to the services for passenger transportation by water and air, that do not meet the requirements for life and health safety of citizens. The base of the classification consisted of the facts, which were indicated by the traces of this type of crime.

UDK: 343.1

Vitaliy V. Tarasenko - Candidate of Law, lecturer of the department ‘Criminal Law’ of the Law faculty of the Voronezh State University

Abstract. According to the Constitutional Court of the Russian Federation, the Constitution of the Russian Federation, proclaiming Russia a democratic law-governed country, where a person with his rights and freedoms is of the highest value. The Constitution’s duties are to recognize, observe and protect the rights and freedoms of a citizen; it guarantees everyone judicial protection of rights and freedoms; it ensures its justice on the basis of equality before the law and the court. Therefore, special requirements are imposed on the quality of laws that mediate the relationship of citizens with public authorities, in particular, those laws that establish measures of legal responsibility for offenses. In cases when the measures of public legal responsibility envisaged by law don’t correspond to social realities, resulting in excessive use of state coercion, the federal legislator must ensure their harmonization with the new social realities according to constitutional principles of equality, justice and humanism. In this aspect, according to the author of the current paper, there is currently a problem of depenalization of intoxication as a qualifying element of the corpus delicti of traffic rule violation and transport exploitation (p. 2, 4, 6 of Art. 264 of the Criminal Code of RF). The current paper has examined the law-making aspect of depenalization from the standpoint of legal-criminology, socio-economy and socio-psychology. On the basis of a critical analysis of the systematic tightening of criminal liability for criminal violations of traffic safety requirements and transport exploitation committed by a person in a state of intoxication, a study of statistical data and judicial practice on this category of crimes, the author of the paper has formulated conclusions and proposals to improve the relevant provisions of the criminal law in terms of the depenalization of intoxication as a qualifying element of the corpus delicti designated by Article 264 of the Criminal Code of the Russian Federation.