DOI: 10.7256/2454-0595.2023.4.43672

Abstract: Legal analysis of inland waterway transport security and transport safety is of theoretical and practical importance. The following issues are relevant: uniform interpretation of the terms used in the Russian legislation what concerns ensuring security, in general, and transport industry, in particular; systematizing multiple entities aimed at providing and participating in the protection and defence of river transport facilities and infrastructure; improving preventive mechanism of protection from unlawful interference acts. The growth of accident rate entails the need to refine the current administrative law mechanism. The research goal is an attempt to work out proposals aimed at improving protection effectiveness of river traffic of passengers and hazardous goods. The objectives of the research are to conduct a legal analysis of the legal framework designed to ensure the safety of inland waterways and transport safety on inland water transport; to systematize a variety of definitions used while regulating safety issues. Based on the analysis, the author singled out the following types of inland waterway transport security: navigation security, and security of inland waterways and their infrastructure. The fact there are no legal norms regulating transport security in the Inland Water Transport Code of the Russian Federation testifies to the lack of both comprehensive security and the stipulated legal mechanism that can be used to protect this type of transport from various types of threats, including acts of unlawful interference. In order to boost the security of vessels and river ports, the author suggests to add the transport security passport of a ship to the documented system of measures used to manage ship security; to review the mandatory requirements established to ensure the safety and transport security of vessels in order for such demands not to overlap and not to impose unreasonable burden on business entities; to compare control and supervision activities on inland water transport by objects of protection in terms of navigable hydraulic structures.

DOI: 10.25136/2409-7543.2022.3.38391

Abstract: The study of the place of aviation security in the structure of transport security is conditioned by theoretical and practical needs in determining the need to preserve or exclude the existing dual legal regulation of legal relations by the norms of Russian air legislation and legislation in the field of transport security. Currently, the legal norms regulating: the definition of organizations authorized to protect air transport; the definition of requirements for the protection of air transport, including inspection measures; certification and training of specialists (personnel) directly performing functions in the field of aviation security are duplicated. Based on the comparison of concepts, content and principles of transport and aviation security, the general and special features in their legal regulation as a whole and private are revealed. The purpose of the study was an attempt to define the concept of development of Russian legislation in the field of aviation security from acts of unlawful interference, taking into account the draft law "On Amendments to the Federal Law "On Transport Security" and Certain Legislative Acts of the Russian Federation" developed by the Ministry of Transport of the Russian Federation.    The analysis made it possible to draw conclusions that the draft law proposed by the Ministry of Transport of Russia radically changes the state approach to regulating legal relations in the field of aviation security. It seems necessary to conduct additional discussions and assess the regulatory impact of the proposed draft law on the possibility of developing the Russian aviation business in the conditions of abandonment of the federal aviation security system. Based on the analysis, the author's concepts of "aviation security" and "act of unlawful interference" are proposed, the necessity of making appropriate amendments to Article 83 of the Air Code of the Russian Federation is substantiated. The scientific novelty of the study lies in the fact that an industry approach is proposed in the public administration of the legal relations under consideration, taking into account the specifics of air transport and a significant amount of international law on the protection of aviation.

DOI: 10.7256/2306-9945.2022.2.37787

Abstract: The relevance of this study is due to theoretical and practical needs in establishing consistency of goals, objectives and a set of measures to ensure transport security as one of the components of the national security of Russia. The purpose of the study was an attempt to identify priority areas for the development of public administration and Russian legislation in the field of transport security on the basis of strategic planning mechanisms. Research objectives: to analyze strategic planning documents for the period from the adoption of the law on Transport security to the present (2008-2021); to determine the interconnectedness of strategic and sectoral goals and priorities for ensuring transport security contained in various legal sources; to develop proposals to clarify the provisions of strategic and program documents in the field of security and the transport industry. The analysis made it possible to draw conclusions that the priority direction of the development of public administration and Russian legislation in the field of transport security until 2024 is to increase the level of anti-terrorist protection of transport infrastructure facilities and vehicles through the introduction and use of space and information technologies, as well as through the creation of intelligent transport systems that ensure the transport connectivity of the country. The author proposes the development of a transport security strategy of the Russian Federation, the adjustment of a comprehensive transport security program and a schedule of activities of the Ministry of Transport of Russia for the implementation of strategic planning documents until 2024. The novelty of the study is determined by the formulation of the problem and lies in the fact that it is a comprehensive analysis of strategic planning documents adopted at the federal level and aimed at solving tasks to ensure the national security of the country.