Статьи номера | Issue №55

Articles of the journal issue №3 (55) (3rd quarter of 2025)

All articles in PDF

Kirill V. Alekseev. The correlation among the concepts of “security of a person”, “security of a society”, and “security of a state”: a linguistic and legal analysis

UDK: 811:342

Kirill V. Alekseev - Associate professor of the department of literature and journalism of the faculty of Russian philology and national culture, S. A. Yesenin Russian State University, Senior researcher of the SPSC RAS, Moscow, Russia

Abstract. The current paper has considered the concepts related to the individual, society, and the state in the field of security. The issue has been analyzed from three perspectives, such as linguistic, doctrinal (scientific and legal), and regulatory practice. There has been established that, from a linguistic perspective, the concepts in the field of security are synonymous, which is presented in regulatory legal acts and documents on Russia’s strategic development. There has been argued that the word combinations “personal security” and “security of a person”, “public security” and “security of a society”, “state security” and “security of a state” should be considered synonymous in both legal scholarship and regulatory legal acts. This is supported by linguistic and comparative legal analysis. There has been proposed to develop a unified terminology and conceptual framework with the participation of linguists and security specialists, as well as to include their definitions and their work results into the legislative process.

The paper was prepared as part of the state assignment “Comprehensive study of public security issues as a strategic priority of national security of the Russian Federation (FFFZ-2025-0001)”.

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Valery F. Tsepelev, Elena An. Drozdova. Criminal and legal framework for combating crimes against transport security in modern conditions

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.

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Anna M. Repieva. Confiscation of a vehicle in the context of transport security enforcement

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.

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Irina Ig. Nagornaya. The state of intoxication in transport crimes

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.

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Svetlana V. Gusarova. Combating adolescents’ extremist behavior on railway transport

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.

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Galina An. Misnik. Legal regulation of competitive relations in the field of transportation of oil and petroleum product

UDK: 347.78.03

Galina An. Misnik - Doctor of Law, professor of the department “Legal Support of Public Administration and Economics” of the Law Institute, Russian University of Transport (MIIT), Moscow, Russia

Abstract. The current paper deals with legal characteristics of antitrust violations in the oil transportation sector. There has been examined judicial practice in resolving disputes regarding the application of sanctions for antitrust violations in the transportation of oil and petroleum products. To clarify the traits of these violations, there have been studied the existing classifications of competitive legal relations in the competition law theory, the specifics of the subject matter of these legal relations, and the types of sanctions for violations of antitrust legislation in this area. The relevance of the current study is in the significant degree of monopolization of oil transportation, as noted in research and confirmed by practical data. The monopolization of this sector of activity makes crucial to regulate legally the procedures for concluding and executing oil transportation agreements. The paper has provided the examples of judicial practice confirming the problem of ambiguous interpretation of antitrust legislation applicable to these relationships. The distinction between the concepts of “abuse of a dominant market position”, “illegal coordination of economic activity”, and “illegal vertical agreements” remains controversial. There has been given the case law on the issue of defining legal criteria for unfair competition in setting oil transportation and sales prices. There has been concluded that the characteristics of “vertical” agreements require legislative regulation to establish a uniform practice for resolving disputes related to the application of sanctions for violations of antitrust requirements in the transportation of oil and petroleum products. The paper has provided a detailed analysis of the characteristics of vertical agreements, distinguishing them from such violations as the imposition of contract terms. There has been given the case law reflecting the approach of recognizing the imposition of contract terms as a type of “vertical agreement”, which, according to the author, does not fully correspond to the legal nature of these legal relationships. There has been concluded that the terms of provision of oil transportation services are insufficiently regulated. The issue of establishing a unified procedure for determining the priority of oil deliveries under conditions of limited pipeline capacity requires legislative resolution.

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Viktor M. Koryakin. Combating unmanned aerial vehicles as a function of transport security units: innovations in legal regulation

UDK: 623.093

Viktor M. Koryakin - Doctor of Law, professor, “Prince Alexander Nevsky Military University” of the Ministry of Defense of the Russian Federation, Moscow, Russia

Abstract. The current paper has provided a scholarly and practical commentary on amendments to transportation security legislation, as well as to bylaws that define the legal framework for the implementation of a relatively new function by transportation security units, namely combating unmanned aerial vehicles, which are increasingly being used to commit acts of illegal interference in transportation activities. There has been presented an interpretation of the new provisions of transportation legislation governing these issues. There has been studied the issue of training personnel to employ counter-drone equipment and methods.

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Nikolay M. Kozhukhanov, Evgeny Al. Nesterov, Galina V. Petrova. Approaches to the estimation of road accidents in the Russian Federation, caused by the emergence of new vehicles

UDK: 342.95

Nikolay M. Kozhukhanov - Candidate of Law, associate professor, Acting head of the department “Transport Law” of the Law Institute, Russian University of Transport (MIIT), Moscow, Russia

Evgeny Al. Nesterov - Candidate of Law, Head of the Law Institute, Russian University of Transport (MIIT), Moscow, Russia

Galina V. Petrova - Doctor of Law, professor, professor of the department “Transport Law” of the Law Institute, Russian University of Transport (MIIT), Moscow, Russia

Abstract. The current paper has presented a systematic legal analysis of approaches to the estimation of road traffic accidents in the Russian Federation, caused by the emergence of new vehicles. There have been identified current trends effecting the development and safe operation of vehicles in the Russian Federation. There have been summarized the positive and negative aspects of assessing road traffic accidents in Russia based on the approach of the Russian Ministry of Internal Affairs. The authors’ vision for a new approach to the estimation of road traffic accidents in Russia has been proposed as a recommendation.

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Vladimir Al. Zhavoronkov. Some aspects of road safety and vehicle operation

UDK: 343.97

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

Abstract. The current paper has considered several aspects of road traffic safety (hereinafter referred to as RTS), specifically the negative effect of poor road conditions and road surface defects on the high rates of road accidents and injuries in the Russian Federation. Substantiating the relevance of the topic there have been presented compelling statistics and scientific opinions confirming the seriousness and scale of the problem under study. The study has been conducted in Moscow and the Moscow region. As for the causes of road surface defects, the paper has considered the effects of natural and climatic conditions, increased road loads, outdated road construction standards, violations of road paving technology, and poor road repair and maintenance. In examining these causes there have been demonstrated the specific examples of violations during construction and maintenance that reduce the service life of roads and negatively affect road safety. There have been proposed specific measures aimed at eliminating these issues. In addition to the shortcomings, the paper has also highlighted the positive results of road construction in the region. There has been concluded that it is possible to mitigate these factors that negatively affect RTS and key directions of work in this area have been outlined. Among others, there have been also highlighted the establishment of new road construction standards, improvement and compliance with construction and maintenance technologies, and high-quality road maintenance.

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Aleksey V. Goncharov. Legal framework and practice of interaction between transport prosecutors and the Commissioner for Children’s Rights in the Russian Federation in protecting the minors’ rights in transport

UDK: 347.63

Aleksey V. Goncharov - Senior lecturer of the department “Legal Support of Public Administration and Economics” of the Law Institute, Russian University of Transport (MIIT), Moscow, Russia

Abstract. The current paper has presented a comprehensive study of the legal mechanisms and practical aspects of interaction between the Transport Prosecutor’s Office and the Office of the Commissioner for Children’s Rights in the Russian Federation in protecting the rights and legitimate interests of minors in transport, particularly rail transport, a source of increased danger. There has been analyzed the constitutional framework, federal legislation regulating the activities of both institutions, as well as by-laws and departmental orders that determine the forms and procedures of their cooperation. Particular attention has been paid to identifying gaps and conflicts in the legal regulation of interaction, analyzing the efficiency of existing coordination practices (joint inspections, information exchange, coordinating positions on the protection of violated rights, preventive work), as well as justifying the necessity to improve the regulatory framework and administrative procedures to strengthen the protection of a vulnerable category of citizens, namely children, in the specific conditions of the transport infrastructure. The study is relevant due to the insufficient scientific development of issues of institutional cooperation in this area and the practical need to optimize mechanisms for protecting children’s rights in transport.

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