UDK: 614.8

Denis V. Iroshnikov - Candidate of Law, docent, associate professor of the department “Theory of law, history of law and international law” of the Law Institute of the Russian University of Transport

Abstract. The current paper has examined the formation and development of security theory in Russia as an integrated system of scientific knowledge. This process was analyzed not only from the organizational point of view (when and which scientific organizations, teams, scientific schools, working groups and individual scientists were engaged in this issue), but from a scientific point of view. The first issue of the current study was to identify specific scientific results that researchers achieved at one stage or another of the security theory formation. The security theory development was relatively long and objectively difficult, since it had been politically and ideologically influenced during the period of the USSR. In this regard, security theory began to actively develop only after the collapse of the USSR. The new socio-political conditions served to form a fundamentally different security paradigm, implying its broad understanding. This served as the impetus for the emergence of a number of relevant scientific studies devoted to theoretical security issues, including conceptual-categorical and structural-functional aspects. Since security is an interdisciplinary scientific category, its theory formation occurred in parallel in philosophical, legal, political, sociological and other sciences. Legal scholars have achieved particular success in the study of theoretical aspects of security, since the relevant studies were based on the study of the relevant branch of the legislation of the Russian Federation. In this regard, it has been necessary to distinguish between security theory and various variations of the legal security theory. The conducted analysis of the security theory genesis in Russian science allowed with a certain degree of convention to single out three stages in the security theory development, each of which has been characterized by a corresponding contribution to its development. The current study is intended to become a methodological basis for further research in the field of theoretical foundations of security and national security, as well as its types.

UDK: 347.463:656.265

Olga M. Zemlina - Candidate of Law, docent, associate professor of the department ‘Transport Law’ of the Law Institute of the Russian University of Transport, honored worker of high professional education of the Russian Federation, member of the direction ‘Transport security’, an expert of the Scientific-Advisory Section of the Center for Security Studies of the Russian Academy of Sciences (SAS CSS RAS)

Maksim M. Gaditsky - Master’s Degree student of the Law Institute of the Russian University of Transport

Abstract. The current paper has considered the legislative component of enforcing railway transport security as an integral element of the national security of the Russian Federation. There have been considered such basic concepts as “transport security zone” and “anti-terrorist security of an object” of the railway infrastructure. There has been proved that counteracting terrorism is impossible without putting transport infrastructure facilities into categories and approving security criteria for rolling stock. There have been studied organizational and legal conditions for railway transport operation and, on their basis, there have been made recommendations for further improving the regulatory framework in the field of railway transport security.

UDK: 340.113:656

Denis V. Iroshnikov - Candidate of Law, associate professor of the department ‘Theory of law, history of law and international law’ of the Law Institute of the Russian University of Transport

Abstract. The current paper has presented a scientific analysis of the correlation between legal culture and security, in the context of which the author set the goal to determine the dependence of the level of legal culture in society on the corresponding level of ensuring the safety of the individual, security of the society and state. In this aspect, there has been impossible to ignore the concept of ‘safety culture’, since a number of scientific studies are devoted to its various aspects today. Considering the quantitative growth and qualitative transformation of threats to people security in the modern world, the formation of a security culture is one of the most important tasks on the agenda. With regard to transport relations, safety culture plays a crucial role, since the security of all participants (both transport users and unauthorized persons, for example, pedestrians) directly depends on its level. In the context of the analysis of legal culture and its correlation with security, there have been also considered the issues of legal consciousness and legal ideology, as an important element of its structure. In addition, the paper has risen the problem of legal nihilism as a threat to the safety of the individual, security of the society and state. In particular, legal nihilism, expressed in the denial of traffic rules, often results in road accidents and threatens human life and health, his property and the safety of other road users. The conducted complex analysis allowed the author to prove the concept that an increase in the level of legal culture has a direct impact on the level of security. In this regard, improving legal culture through the influence on legal consciousness through legal ideology is an activity aimed at ensuring security.

UDK: 347.763

Mariya An. Bazhina - Candidate of Law, associate professor of the department of business law of the Ural State Law University

Abstract. The current paper deals with the systematization of transport legislation, as one of the acute issues of transport law. At present, the discussions about the choice of a way to improve transport legislation are of particular importance, since there is a revision of the legal regulation of certain spheres of life, including transport activities. The author of the paper has examined various points of view regarding the systematization of transport legislation that existed throughout the period of its development. The use of the historical method in this study made it possible to identify a trend towards further improvement of transport legislation. Taking into account the necessity for international integration, an increase in cargo turnover and, as a result, an increase in the competitiveness of domestic carriers, the primary task is to unify transport legislation. The most productive way of convergence of national legislation regulating the activities of certain types of transport is a codification of transport legislation in the form of a single normative legal act, the transport code. This conclusion has been substantiated by an analysis of the current legislation, which is distinguished by repetitions, contradictions, and the absence of a single conceptual apparatus. It is with the help of the development of the transport code that it is possible to build the correlation among all elements of the transport legislation system, to develop the logic of presentation. Thus, the transport code can become some instrument for harmonizing disparate transport legislation.

UDK: 347.463

Nikolay Al. Dukhno - Doctor of Law, professor, Director of Law Institute of the Russian University of Transport, honorary worker of higher education of the Russian Federation

Abstract. The current paper substantiates the need to establish a structure that is able to focus efforts on the fruitful use and application of transport law in the formation of transport relations. The author gives the reasons to the need to set up a school of transport law, determines a goal and tasks to be solved by this new institution. The functioning of the school does not require budget funding. The rich experience in the establishing and developing of the Law Institute MIIT confirms the possibility to set up such a school, which will ensure the development of proposals for the systematization of transport legislation and make it more accessible for implementation in transport practice. Due to combining forces and means, the school will become the institution that will be able to develop and implement unique programs of additional professional education. The functioning of the school will ensure an increase in the level of legal culture of transport workers.

UDK: 347.463

Koryakin Viktor V. - doctor of Law, professor, head of the department "Civil law, International private law and Civil procedure", Law Institute, Russian University of Transport (MIIT)

Abstract. The article deals with the problems of systematization of the transport legislation of the Russian Federation. The paper states plurality of legal acts regulating transport relations, makes a conclusion about negative impact of the plurality of acts on the legality, law and order in the transport sector, and substantiates the need to systematize the acts of transport legislation. There has been given an analysis of such two principal forms of systematization of the legislation as codification and incorporation. The author comes to the conclusion that at present the most rational way of systematization of transport legislation is incorporation by developing and introducing an electronic code of transport laws of the Russian Federation into the activities of transport organizations. It has been recommended to use the experience of other federal agencies of executive power, e.g. the Ministry of Defense of Russia which put into operation the information system "ArmYurist" on military legislation in 2017.

UDK: 519.7

Dukhno Nikolay A. - doctor of Law, professor, Director of Law Institute, Russian University of Transport (MIIT), honorary worker of higher education of the Russian Federation

Abstract. The article considers the dependence of security on human activity, on his thinking and on the level of his legal education, which is the basis of the activity, the nature of which either gives rise to threats or provides security. The law with its values is required to be studied by everyone, as only legal knowledge can induce thinking to adopt legal laws which should prescribe duties of the subjects responsible for security. In order to positively evaluate the laws and introduce them into a legal order that guarantees safety, transport specialists need to possess legal knowledge. The author justifies the need to determine the levels of hazards, the elimination of which allows achieving safety in transport. People who are responsible for safety are obliged to protect safety where it exists and to eliminate hazards in the places where they exist. Security can be achieved only when danger is eliminated. There has been proposed a way to prepare new educational programs using the current specialty "Legal support of national security", in which there is a real opportunity to develop a number of specializations in training specialists with professional competencies in the legal support of transport security.

UDK: 343.346

Akhmyarov R. - graduate of the Law Institute of the Russian University of Transport

Abstract. The relevance of this article is due to the fact that the situation with accidents on the roads of the Russian Federation associated with the movement and operation of road transport, is an acute socio-economic problem that occurs not only in Russia but also in other countries. Every year more than 10 million people are killed and injured as a result of road accidents in the world, and from accidents related to road transport, annually causes huge socio-economic damage, about 500 billion dollars per year.

The problematic issues of the state of traffic safety and operation of vehicles are considered. Crime and punishability of traffic violations are defined. Specific features of qualification of the crimes provided by Art. 264 of the criminal code of the Russian Federation, and also other transport crimes are revealed. The content of the offences in question, which are two-object, having two consequences, of which one is decisive for the characterization, characterized by two forms of guilt and in most cases two acts, is indicated.

UDK: 343.353

Sudenko V. - candidate of legal sciences, associate professor of the department «Criminal law, criminal procedure and forensics» of the Law Institute Russian University of Transport

Abstract. The methodological potential of the dialectics categories «quantity» and «quality» in the domestic criminal law is considered, the criminal-legal significance of the study of these categories is determined. It is indicated as a set of properties, relationships and relationships, reveals what this phenomenon (event, object) is, what it is, why such a set is the quality of the phenomenon, object, event. It is shown how the set of properties, relationships and relations characterizing the magnitude of the phenomenon (event, object) and its size, is the number of phenomena, events, object, and how quantitative changes entail qualitative changes and Vice versa. The relations of the categories of dialectics with their properties and connections are analyzed, the stability of qualitative characteristics and absolute variability of quantitative characteristics are revealed. The nature of public danger as the quality of a particular phenomenon gives the researcher the opportunity to highlight the external form of criminal act on its inherent objective and subjective grounds, reflecting the importance, in this case, protected by criminal law, the legitimate interests of citizens and transport infrastructure, to which it was directed, and which harm was caused or created a real threat of harm. Quantitative indicators, according to the author, there is a degree of public danger of a crime, contributing to comparative analysis of crimes of one kind, and expresses its external definiteness, namely degree of development of a set of properties, connections, relations, characterizing the magnitude of the criminal phenomenon, the value of the object of encroachment, the size of the damage shape and form of guilt, motive, etc. Are examples of qualitative and quantitative characteristics of the traffic crimes and the conclusion of applicability of the categories of dialectics for their research.

UDK: 342.9

Kobzeva E. - candidate of legal sciences associate professor «Theory of Law and Natural Resource Law» Russian University of Transport

Mamina O. - candidate of legal sciences associate professor «Theory of Law and Natural Resource Law» Russian University of Transport

Khimich T. - candidate of legal sciences associate professor «Theory of Law and Natural Resource Law» Russian University of Transport

Abstract. Ensuring safety in transport is one of the most important and urgent tasks of the state. Accident on such a mode of transport as automobile, causing enormous physical, property and moral damage to society as a whole, and to individual citizens, usually results from individual offenses of road users. One of the most effective tools of public administration in the field of road safety is the possibility of applying this type of administrative punishment as deprivation of the right to drive a vehicle. The article is devoted to the investigation of the mechanisms of state regulation of the road traffic at different stages of its development and, in particular, the legal institution of deprivation of the right to drive a vehicle from the point of view of its origin and development in the domestic legislation. The work also analyzes the norms that determine the composition of the offenses for which this punishment is assigned, the procedure for its appointment, calculation, and execution; statistical data related to the subject of the study are given.