Статьи номера | Issue №56

Articles of the journal issue №4 (56) (4th quarter of 2025)

All articles in PDF


Vitaly V. Klyuev. Subjects of public maritime law

UDK: 347.79


Vitaly V. Klyuev - Candidate of Law, Professor of the department “Maritime Law and International Law”, Russian University of Transport (MIIT), Moscow, Russia


Abstract. Maritime law, being a highly specialized legal field, has a complex composition of subjects in public relations, which requires separate study and doctrinal understanding. In any public relations, the defining element of such relations are their parties, the subjects, and entities. Unlike private law, public relations are built on the interaction of entities with different legal origins. In the field of public maritime law, both the public party of public relations and the party subject to public regulation have distinct characteristics relative to other branches of law, determined by the geographical application of the norms of public maritime law, multi-jurisdictional jurisdiction in various maritime spaces, and the broad autonomy of private maritime law entities. The current paper has considered the approaches to defining the legal nature and essence of legal entities in public legal relations. In order to study the specifics of public maritime law, there has been proposed to consider such two aspects of public social relations as a public entity of maritime law and a subject of public maritime law. Public entities of maritime law are individuals, bodies, and structures representing the public party, and which are vested with public-authority functions. Subjects of public maritime law are individuals who are directed with public maritime law regulation or with respect to whom public subjects of maritime law exercise functions or powers.

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Valentina Iv. Shiyan. Property crimes as a threat to state and public security

UDK: 343.7


Valentina Iv. Shiyan - Candidate of Law, Associate Professor, Russian University of Transport (MIIT), Moscow, Russia


Abstract. Despite the measures taken to prevent property crimes, it is difficult to see solely favorable trends in this type of crime. Regardless of the rate of decline in the number of property crimes and their perpetrators, not only nationally but also in federal districts and most constituent entities of the Russian Federation, this type of crime poses a threat to national and public security. This situation is primarily due to their dominance in the structure of crime, which predetermines its quantitative and qualitative characteristics; self-serving motivation; the steady increase in the use of information and telecommunications technologies in their commission; huge harm, etc. The relevance of the issues discussed in the current paper is also underlined by the increased degree of public danger posed by individuals who commit crimes against property. For the most part, this is the most criminal contingent, which differs from other categories of criminals by a low level of education, the absence of a permanent source of income, a high rate of recidivism, the most negative moral and psychological characteristics, a wide prevalence of mental disorders, etc. The current paper has presented the study results of Russian legislation, scientific papers, and statistical indicators of the Ministry of Internal Affairs of Russia for the period from 2020 to 2024 on crimes under Chapter 21 of the Criminal Code of the Russian Federation, as well as a longitudinal study of the personality of a criminal, based on investigative and judicial practice materials and forensic psychiatric examinations. The primary attention has been paid to the status and trends of index crimes against property. According to the author, the study results have demonstrated the necessity to improve the efficiency of measures aimed at preventing property crimes.

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Maksim Al. Serkov. Issues of improving legal framework for comprehensive security in the Arctic zone of the Russian Federation

UDK: 332.1


Maksim Al. Serkov - Applicant of the department of legal support for national security, law, and order Russian Presidential Academy of National Economy and Public Administration (RANEPA), Moscow, Russia


Abstract. The current paper has considered the issues of improving legal frameworks for comprehensive security in the Arctic zone of the Russian Federation. There has been substantiated the necessity to establish a federal territory, “The Arctic Zone of the Russian Federation”, and to develop and approve a Strategy for Enforcing Comprehensive Security in the Arctic Zone of the Russian Federation.

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Valery An. Novikov. Occupying a high-ranking position in a criminal hierarchy as a crime against public safety

UDK: 343.34


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


Abstract. The current paper has examined the crucial issues of criminal liability for occupying a high-ranking position in a criminal hierarchy. Article 210.1 was introduced into the Russian Criminal Code five years ago, but the scholars have been debating what constitutes grounds for criminal liability for this crime. Based on an analysis of doctrinal views and case law, there has been concluded that the basis for criminal liability lies in the socially dangerous actions of a person occupying a high position in the criminal hierarchy, who controls the criminal environment. There have been given practical recommendations for classifying the crime and distinguishing it from the related offense under Part 4 of Article 210 of the Criminal Code of the Russian Federation. The author of this article has supported the view that the crime under Article 210.1 of the Criminal Code of the Russian Federation is continuous, and substantiated this conclusion based on theoretical principles of criminal law. There have been outlined the circumstances under which a person occupying a high position in a criminal hierarchy cannot be held liable under Article 210.1 of the Criminal Code of the Russian Federation. There has been also substantiated that the perpetrator of this crime can only be a special perpetrator. Based on selected court rulings, there has been demonstrated that the application of Article 210.1 of the Russian Criminal Code has been tested not only on “thieves in law” but also on “position holders”. In future, the scope of criminal offenders may be expanded to include so-called “watchers” of various facilities and territories, i.e., criminal leaders with a lower but significant status in the criminal hierarchy.

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Kirill V. Alekseev. Structural and systemic analysis of national security

UDK: 811:342


Kirill V. Alekseev - Candidate of Philological Sciences, Associate Professor, Associate Professor of the Literature and Journalism Department, Faculty of Russian Philology and National Culture, Ryazan State University named for S. Yesenin, Ryazan, Russia; Senior Researcher at the Security Problems Studies Center of the Russian Academy of Sciences, Moscow, Russia


Abstract. The current paper has examined the structural and systemic aspects of security because of the lack of a unified understanding of security types in science and the Russian legal framework. There has been proposed a security framework that divides security into two levels (international and national security), and national security into categories (personal security, public security, and state security) and types (environmental security, transport security, economic security, etc.). There has been argued that this framework could streamline and standardize the classification of national security components, establish their hierarchy, and more logically and clearly define Russia’s national security system.

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Evgeny Al. Nesterov, Viktor Ya. Tsvetkov. Objects of digital transport law

UDK: 658.7:004


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

Viktor Ya. Tsvetkov - Doctor of Technical Sciences, professor, Russian University of Transport (MIIT), Moscow, Russia


Abstract. The current paper has examined the peculiarities of digital transport law using digital transport law objects as an example. There has been established that digital law is mistakenly associated solely with Article 141 of the Civil Code of the Russian Federation, while it is regulated by several amendments to other articles of the Civil Code. There has been presented an analysis of the content of cyberspace, demonstrating its relationship to digital law and the taxonomy of digital law objects. There has been shown their difference from many digital objects in other fields. An analysis of legislative documents has shown that digital rights are primarily contractual rights, from which property rights may arise. There has been recommended to introduce the concept of “digital legal relation”. There has been identified a gap in current transport law, whereby control is transferred from a person with the right of control to an entity that does not have such right. There has been recommended an amendment to the Civil Code of the Russian Federation to take this factor into account.

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Eldzhan El. Magerramov. Civil liability issues of a carrier under a contract for transportation of goods by railway

UDK: 347.763.4


Eldzhan El. Magerramov - Russian University of Transport (MIIT), Moscow, Russia


Abstract. The current paper has analyzed theoretical and practical aspects of civil liability of a carrier under a contract for transportation of goods by railway at existing legal conflicts. Due to the comparative study of the provisions of the Civil Code of the Russian Federation, the Charter of Railway Transport of the Russian Federation, and judicial practice there have been found inconsistencies between general and specific legal provisions, defined the limits and forms of liability of a carrier, and highlighted typical grounds for its occurrence and limitations. There has been also substantiated areas for improving legal regulation aimed at ensuring a balanced distribution of risks between participants in the transportation process and increasing the sustainability of transport legal relations in the current economic environment.

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Mariyam F. Mingalimova. Confiscation of vehicles when terminating a criminal case on non-rehabilitating grounds

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.

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Victoria Ed. Golenko. Problems of legal support for sustainable development and security of road transport in the Donetsk People’s Republic

UDK: 347.763


Victoria Ed. Golenko - Problems of legal support for sustainable development and security of road transport in the Donetsk People’s Republic


Abstract. The current paper is devoted to the study of the problems of the legal framework for sustainable development and security of road transport in the Donetsk People’s Republic. There has been characterized road transport as part of the transport system, particularly in the Donetsk People’s Republic as a constituent entity of the Russian Federation. There have been presented its components, operating principles, and share of passenger and freight traffic, as well as the importance of road transport in the Russian Federation in general and the Donetsk People’s Republic in particular. There has been also established the legal framework for road transport in the Donetsk People’s Republic as a constituent entity of the Russian Federation. There have been described the specifics of state and regional legal frameworks for road transport. There have been identified the problems of legal support of the sustainable development and security of road transport in the Donetsk People’s Republic. There have been given possible solutions to these challenges, ensuring the proper functioning, sustainable development, and security of road transport in the Donetsk People’s Republic as a constituent entity of the Russian Federation.

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Samir M. Mikailov. Features of administrative liability for violations of transport security regulations

UDK: 343.341:656.1


Samir M. Mikailov - Candidate of Law, Associate Professor, Kurgan Institute of Railway Transport, Kurgan, Russia


Abstract. The current paper has presented a comprehensive analysis of administrative liability for violations in transport security, distinguishing it from other types of administrative liability. The paper has considered the specifics of this legal institution, its goals, and its place in the overall national security system. Based on an analysis of the subjects of administrative liability, as well as the specifics of the objective and subjective aspects of administrative offenses, there have been systematized the types of offenses by the objects of the offense and proposed grouping them into four groups. The special attention has been given to issues of law enforcement practice, particularly issues of classification, proof of guilt, and the adversarial nature of the proceedings. To improve the efficiency of this institution and address the identified problems, there has been proposed clarifying the wording of certain offenses in the Code of Administrative Offenses of the Russian Federation to reduce their excessive formality, developing clearer criteria for assessing the degree of public danger of an offense, and more actively implementing a risk-based approach in monitoring and oversight activities, focusing on the highest-risk areas. Based on the current study, there has been concluded that modernizing the legal framework for transport security will enhance protection of the transport sector and strengthen the rule of law in the country.

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