DOI: 10.7256/2409-7543.2015.2.16047

Abstract: The article considers the criminal responsibility of persons guilty of bad repair services provision and malfunctioning vehicles launching, and responsible for the technical condition of these vehicles and transport equipment. The author pays attention to the peculiarities of judicial practice of application of the existing legislation provisions in this sphere, and to the elucidations of the highest judicial bodies which help to unify the judicial practice. The methodology of the research is based on the set of general scientific and special methods: the methods of analysis, synthesis, systematization and generalization, the formal-logical method. The author defines the peculiarities of use of the existing legislation containing the legal norms devoted to the provision of the observation of rules in the sphere of repair services and launching of vehicles and the establishing of responsibility for their violation. The conclusions of the study can be used by law-enforcement bodies, students, post-graduates and those interested in jurisprudence. 

DOI: 10.7256/2409-7543.2016.5.20513

Abstract: The research subject is the methods of electronic and bio-detection of explosive and narcotic substances, which are applied by transport services or are being developed in the Russian Federation, and the requirements to drugs, used for detection dogs training. The author describes the examples of specifications of requirements to the production of substances, substituting explosives, the algorithms of production of the equipment for dogs training and the measures for their effective use. The author summarizes the results of a more than a three decades-long work with detection dogs, including the search for narcotic and explosive substances. The author describes the algorithms of preparation of the equipment and the materials for detection dogs training by dog specialists of security services. The scientific novelty consists in the substantiated critical understanding of negative processes, developing in security services and anti-terrorist services during the transition from the use of bio-detection to the electronic means of detection of narcotic and explosive substances and microsamples of these substances for the preparation of dogs for imitating analogs. 

DOI: 10.25136/2409-7543.2018.5.27693

Abstract: Technical progress and modern legislation impose new requirements on the security systems of tower cranes. Nevertheless, the accident rate of tower cranes remains at a high level and in 90% of cases associated with the human factor. The aim of the study is to improve modern security systems for tower cranes based on digital technologies in terms of risk-based supervision. The authors set such tasks as analyzing the accident rate of tower cranes and studying and improving the main modern security systems of tower cranes. They apply the methods of statistical information processing and the main provisions of the theory of risk. A unique system of independent remote monitoring of the safety of tower cranes on the basis of digital technologies using a linguistic assessment of the main parameters of the crane. The authors of the article put forward and prove a hypothesis about reducing the risk of an accident while improving the quality of the implementation of production control at the enterprise. The system was tested on a demonstration model and in production conditions. The use of the proposed system under risk-based supervision entails a reduction in the burden on the business and an increase in the efficiency of production control.

DOI: 10.7256/2409-7543.2016.6.21292

Abstract: The research subject is acoustic safety of aviation specialists’ activities, including the analysis of the peculiarities of use of the audio channel of the aviation ergatic system management, the functional reliability of the operator of the aviation ergatic system, the sources of aviation noise, the ways of modeling of the noise impact on the reliability of the operator, the crews of modern aircrafts and the physiological mechanisms of impact of aviation noise on the operator of the aviation ergatic system. The novelty of the study is determined by its system character and orientation on the detection of the problems of safety of professional activities of aviation specialists, conditioned by the impact of aviation noise. The research methodology combines the methods of the reliability theory, hygienic studies, occupational medicine, evidentiary medicine, mathematical statistics and engineering acoustics. The authors formulate the particular problems of safety of professional activities of aviation specialists, determined by the impact of aviation noise. The study shows that aviation noise is the source of potential danger, causing the higher risk of misactions of aviation specialists and the danger of occupation diseases, causing the early professional disqualification. The research results show the urgent necessity to develop and implement special means and methods of improvement of acoustic safety of aviation specialists’ professional activities as an integral element of the safe operation of air transport. 

DOI: 10.25136/2409-7543.2021.3.36091

Abstract: The subject of this research is the criminal law guarantees for the implementation of the principles of appropriate and targeted spending of budgetary resources as an element of ensuring national security of the Russian Federation. The author conducts the assessment of normative and law-enforcement material that determines the legal essence of the indicated principles of budgetary system of the Russian Federation. The article explores case law of implementation of certain norms of criminal legislation of the Russian Federation associated with contravention of the principle of appropriate use of budgetary allocations. This article is first to juxtapose the measures of criminal law protection of the principles of appropriate and targeted spending of budgetary resources. Based on the acquired results, the current position on the absence of penalties for the inappropriate use of budgetary allocations is being disputed. The conducted comparative analysis of the measures of criminal responsibility reveals large disparity with regards to protection of the two key principles of budgetary system of the Russian Federation. The author also established the presence of criminal elements that carry out preclusive function, which narrows down the capabilities of criminal law of the Russian Federation. The article offers an optimal and effective method for eliminating this problem and improving protective capabilities of the Criminal Code of the Russian Federation, including the tasks of ensuring national security.

DOI: 10.25136/2409-7543.2018.5.25937

Abstract: The scope of the research is the use of robots in the military. The object of the research is the moral, ethical and legal challenges that may arise in this sphere, first of all, in the use of automated battle robots. One of the revolutionary aspects in the military today is the robotization of the battle field. This trend creates certain technological, legal and humanitarian problems. Like any other weapons, robots may be used with crucial errors that experts divide into the errors of the first andn the second kinds. While consequences of such errors are quite predictable for usual weapons and it is no problem who bears a responsibility in case of errors being made, the situation is much more difficult for the use of military robots. The author of the article analyzes the main aspects of the matter using general research methods such as analysis and synthesis. Bsed on the review of legal, moral and aesthetical challenges of using automated military robots, possible consequences and errors of the first and the second kinds that may arise, the author of the article emphasizes the need to differentiate between responsibility of designers and responsibility of users. 

DOI: 10.7256/2409-7543.2016.6.21436

Abstract: The paper reveals the prerequisites to the network modeling of terrorist structures, connected with the modern political, organizational and legal conditions of the struggle against terrorism. The authors consider the potential directions of terrorist networks modeling and formulate the approach to their modeling, that is at the interface of two scientific approaches: game theory and social network analysis. Using the example of the terrorist group, that had organized the unprecedented terrorist act in the USA on September 11, 2001, the authors demonstrate the results of the calculation of the terrorist network model, which help assess the role of each of its members in the context of different primary data about the prepared terrorist act. The research methodology is based on the elements of social network analysis, graph theory and game theory. In particular, the authors consider the algorithm of calculation of the network members’ centrality using the Shapley value. The calculation results take into account the ability of the network’s members to cooperate in order to achieve the desired goals. Besides, the algorithm is quite flexible and allows assessing the role of each of the members on the base of the combination of its qualitative and quantitative characteristics. It forms the key difference of the game-theory centrality metrics from the “classical” degree, closeness and betweenness, thus determining the novelty of the obtained results. 

DOI: 10.25136/2409-7543.2022.4.39049

EDN: XLZQIA

Abstract: In judicial practice, it is quite rare to find criminal cases that were terminated due to the refusal of the public prosecutor to charge. The reasons for such a rare use of the analyzed powers of the prosecutor are both objective and subjective. The subject of the study is the content of the prosecutor's refusal to charge and its consequences. Based on systematic and comparative legal research methods, doctrinal approaches to the role of the victim and the accused are revealed when the prosecutor decides to drop the charge. It is argued that it is necessary to preserve the discretion of the prosecutor when the charges are dropped, provided that such a decision is agreed with the parties to the criminal case and, above all, with the injured party. However, the consent of the victim cannot be considered as a mandatory condition for the prosecutor to decide to drop the charges. The grounds for terminating the criminal case and criminal prosecution when the prosecutor refuses to accuse are analyzed, and it is concluded that despite the insufficient regulation of this issue in the Code of Criminal Procedure of the Russian Federation, the prosecutor can make the appropriate decision only after a comprehensive examination of the evidence in the trial, since until that moment the prosecutor no conviction can be formed in the correctness of the decision to drop the charges and there will be no completeness in the presentation of the motives that served as the basis for its adoption.