Kalyuzhny Y.N. —
Formation of a risk management system for causing harm (damage) by drivers of vehicles
// NB: Administrative Law and Administration Practice. – 2024. – ¹ 3.
– P. 54 - 64.
DOI: 10.7256/2306-9945.2024.3.68852
URL: https://en.e-notabene.ru/al/article_68852.html
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Abstract: The subject of the study is the norms of law and scientific sources characterizing the supervision of compliance by road users with the requirements of the legislation of the Russian Federation on road safety. The object of the study is public relations related to the need to improve the supervision of compliance by road users with the requirements of the legislation of the Russian Federation on road safety. The methodological basis of the study was a complex of general scientific and private scientific methods of cognition (formal legal, analytical, system analysis, synthesis, modeling, comparison, etc.), special scientific (technical and legal analysis, etc.). The scientific novelty of the study is expressed in the author's proposals aimed at improving the supervision of drivers of transport. The author's general conclusion is the statement that considering the need to develop new mechanisms of control (supervision) in relation to transport drivers, it seems justified to form legal tools corresponding to the basic postulates enshrined in the legislation of our country regulating control (supervisory) activities, that is, using a risk-based approach. In the context of the implementation of control (supervision) in relation to economic entities, it seems necessary to form a risk management system for causing harm (damage) to drivers of vehicles. The risk management system for causing harm (damage) by transport drivers should basically contain a score scale, taking into account the existing experience of the historical past used in Soviet times and its special implementation in foreign countries.
Kalyuzhny Y.N. —
Artificial intelligence technologies in the field of road safety: problems and prospects
// Legal Studies. – 2022. – ¹ 3.
– P. 33 - 41.
DOI: 10.25136/2409-7136.2022.3.35828
URL: https://en.e-notabene.ru/lr/article_35828.html
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Abstract: The subject of the study is the norms of law and scientific sources characterizing the use of artificial intelligence technologies in the field of road safety. The object of the study is social relations that determine the basis for the use of artificial intelligence technologies in the field of road safety. As a result of studying normative legal acts, scientific literature, the author conducts a comprehensive analysis of the directions of the introduction and development of artificial intelligence technologies in the field of road safety, identifies individual scientific problems of legislative regulation of the sphere under consideration. The methodological basis of the study was a complex of general scientific and private scientific methods of cognition (formal legal, analytical, system method, analysis, synthesis, modeling, comparison, etc.). As a result, the author concludes that it is necessary to create comfortable organizational and legal conditions that allow, on the one hand, to ensure the further progressive introduction and development of artificial intelligence in the field of traffic and ensuring its safety, and on the other hand, to ensure the protection of the rights and legitimate interests of road users from possible threats to its use. The general conclusion of the author is the statement that the active development and introduction of artificial intelligence technologies in the field under consideration is the very tool that allows for the successful implementation of strategic objectives of socio-economic development of our country. The novelty of the research consists in a comprehensive analysis of theoretical legal and organizational aspects characterizing the use of artificial intelligence technologies in the field of road safety, identifying individual problems of legislative regulation and prospects for the implementation of strategic objectives of socio-economic development of our country in this area.
Kalyuzhny Y.N. —
Organizational and legal problems of functioning of public councils under the Ministry of Internal Affairs of Russia and its territorial bodies in matters of road safety
// NB: Administrative Law and Administration Practice. – 2022. – ¹ 1.
– P. 1 - 12.
DOI: 10.7256/2306-9945.2022.1.37768
URL: https://en.e-notabene.ru/al/article_37768.html
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Abstract: The subject of the study is the organizational and legal problems of the functioning of public councils under the Ministry of Internal Affairs of Russia and its territorial bodies in matters of road safety. The object of the study is public relations related to the functioning of public councils under the Ministry of Internal Affairs of Russia and its territorial bodies. As a result of the analysis of normative legal acts, scientific literature, the author comes to the conclusion that despite the existence of public councils for more than ten years, the analysis of the practice of their functioning allows us to assert that there are separate problems, both legal and organizational, that do not allow them to fully fulfill their intended purpose expressed in the coordination of the coordination of socially significant interests, solutions to the most important issues of the activities of internal affairs bodies, including in the field of road safety. The methodological basis of the research was a complex of general scientific and private scientific methods of cognition (formal legal, analytical, system analysis, synthesis, modeling, comparison, etc.), special scientific (technical and legal analysis, etc.). The scientific novelty of the research is expressed in the author's vision of the solution of the identified problems of the functioning of public councils. The author's general conclusion is the statement that the high social significance of the road traffic sphere for society determines the need to improve the mechanisms of citizens' participation in the management of public relations related to ensuring the safety in question, one of which is the public councils under the federal executive authority in the field of internal affairs and its territorial bodies. For the effective functioning of the institution under consideration, it is necessary to improve the organizational and legal foundations that help transform it into a real tool for expressing the position of civil society, allowing for managerial influence on the sphere of traffic.
Kalyuzhny Y.N. —
General risks of using AI technologies in the field of road traffic safety
// Police and Investigative Activity. – 2021. – ¹ 3.
– P. 39 - 48.
DOI: 10.25136/2409-7810.2021.3.36425
URL: https://en.e-notabene.ru/pm/article_36425.html
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Abstract: The research subject is legal provisions and scientific sources reflecting the procedure of using AI technologies in the field of road traffic safety. The research object is social relations defining the fundamentals of the use of AI technologies in the field of road traffic safety. Based on the analysis of regulatory documents and scientific literature, the author outlines a set of technological, social, and legal risks of using artificial intelligence in this field, and emphasizes particular problems of legal regulation. The research methodology is based on the set of general scientific and specific methods of cognition (formal-legal, analytical, the system method, analysis, synthesis, modeling, comparison, etc.). The author formulates the conclusion that the accentualization of technological, social and legal risks as and when AI technologies are used in the field of road traffic safety, helps to organize the work of public authorities in advance and step-by-step, and to find a wide range of legal instruments helping to eliminate or minimize possible risks, raise the effectiveness of public administration of social relations in the field of road traffic safety, and promote the achievement of strategic socio-economic goals of the state.
The scientific novelty of the research consists in a comprehensive analysis of theoretical legal and organizational aspects, characterizing the risks of using AI in the field of road traffic safety, and an accentualization of particular problems of legal regulation and the prospects of implementation of AI technologies in this field.
Kalyuzhny Y.N. —
Ideological grounds of ensuring traffic safety
// National Security. – 2020. – ¹ 5.
– P. 73 - 80.
DOI: 10.7256/2454-0668.2020.5.32369
URL: https://en.e-notabene.ru/nbmag/article_32369.html
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Abstract: The subject of this research is the legal norms and scientific sources that characterize the ideological grounds of ensuring traffic safety. The object of this research is the social relations that determine the framework for ensuring traffic safety. Examination of the normative legal acts and scientific literature, allows conducting a comprehensive analysis of ideological grounds of ensuring traffic safety. The author indicates certain scientific problems of legislative regulation of the sphere under review, and resumes that the presence of state ideology within the system of legal norms is inevitable. The conclusion is formulated that the ideological grounds of ensuring traffic safety are based on the system of views, ideas, and value orientations from the perspective of personal, social, and state levels. The author claims that the state uses law as the official ideology. The ideological grounds of ensuring traffic safety, associated with implementation of state policy in indicated field of research, represent legal forms of ensuring traffic safety, which contribute to the perception of law by personal and public legal awareness, which positively impacts legal mentality of the society, reducing the risk of traffic accidents and their negative consequences. The novelty of this work consists in the comprehensive analysis of theoretical legal and organizational aspects that characterize the ideological grounds of ensuring traffic safety, determine controversial issues in legislative regulation of the system of views, ideas, and value orientations for ensuring traffic safety from the perspective of personal, social, and state levels.
Kalyuzhny Y.N. —
Current Issues of Legal Regulation of the Use of Particular Kinds of Electric Transport
// NB: Administrative Law and Administration Practice. – 2019. – ¹ 5.
– P. 27 - 33.
DOI: 10.7256/2306-9945.2019.5.30729
URL: https://en.e-notabene.ru/al/article_30729.html
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Abstract: The subject of the research is the legal provisions and scientific information sources that regulate the use of blisks, Segways, and self-balancing scooters. The object of the research is the legal relations, phenomena and processes that arise in the process of using electronic transport by road users. As a result of analysis of legal acts and scientific literature, the author carries out a complex analysis of theoretical and legal aspects of the regulation of road traffic related to the use of particular kinds of electronic transport. Kalyuzhniy also outlines particular issues of the legal regulation of aforesaid sphere and offers a set of measures aimed at improvement of legal acts that regulate legal relations arising in the process of using blisks, Segways, self-balancing sectors and the like. The methodological basis of the research includes a set of general and specific research methods (formal law, analytical analysis and systems approach, analysis, synthesis, modelling, comparison, etc.). As a result, the author concludes that the development of technical means of transport and their active use, ambivalence of practical implementation of legal provisions regulating the procedure and conditions of road traffic demonstrate the need to clarify and detalize legal acts that regulate the use of blisks, Segways and self-balancing scooters. The novelty of the research is caused by the fact that the author carries out a complex analysis of theoretical and legal aspects that describe the process of using blisks, Segways, self-balancing scooters and the like, outlines controversial issues of the legal regulation and describes the main areas for improving the legal regulation of using electronic transport.
Kalyuzhny Y.N. —
Repeatability as a qualifying feature of administrative delicts in the field of road traffic
// Police and Investigative Activity. – 2019. – ¹ 2.
– P. 55 - 62.
DOI: 10.25136/2409-7810.2019.2.29092
URL: https://en.e-notabene.ru/pm/article_29092.html
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Abstract: The research subject is the set of legal regulations and scientific sources characterizing repeatability as a qualifying feature of administrative delicts in the field of road traffic. The research object is social relations occurring at the application of a norm of law regulating administrative responsibility in the area of road traffic. The author analyzes legal regulations and scientific literature and gives a summary of scientific approaches to the qualifying feature of repeatability and particular interrelated categories of the conceptual framework of the institution of administrative responsibility; studies the diversity of judicial practice of interpreting legal norms of administrative legislation. The research methodology is based on the set of general scientific and specific methods of cognition (the formal-legal, analytical, system approach, analysis, synthesis, modeling, comparison, etc.). The author comes to a conclusion that the absence of unified scientific approaches to a particular conceptual framework of the institution of administrative responsibility and the diversity of judicial practice of the application of legal provisions of administrative legislation lead to the need for the formalization and the development of unified approaches to defining the concept of repeatability of an administrative delict and uniformity of administrative delicts. The author also claims it is necessary to clearly define the term during which a delict is considered as repeated. The author also concludes that in order to increase road traffic safety, it is necessary to apply all the spectrum of public corrective actions, administrative responsibility and coercive measures to drivers committing a repeated delict. One of the instruments of road traffic safety ensuring is the qualifying feature of repeatability of administrative delicts.
Kalyuzhny Y.N. —
Content characteristics of the key elements of the system of traffic safety
// Law and Politics. – 2018. – ¹ 7.
– P. 36 - 46.
DOI: 10.7256/2454-0706.2018.7.20669
URL: https://en.e-notabene.ru/lpmag/article_20669.html
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Abstract: The subject of this research is the scientific sources characterizing the system of traffic security. The object of this research is the legal relations, occurrences and processes that form in state provision of traffic safety. Having analyzes the scientific literature the author expounds a brief content of elements that characterize the concept of state administration of the traffic security through examining administrative relations between the subjects of the system of traffic safety and objects of administrative influence, as well as mutual connections between them. The author turns attention to the fact that despite the systematic use of the term of the system of traffic safety in scientific literature, this category is not defined by a legislator, and the existing scientific positions are either contradictory reflect the characteristic of the explored public relations from the perspective of the separate branches of law. The scientific novelty is expressed in the suggested classification of the system of traffic safety that consists of a number of subsystems formed by functionality attribute, analysis and determination of the functions inherent to the examined system. A conclusion is made that the system of traffic security suggest not only a simple objective existence of the government authorities, self-governance, and civil society institutions (in broader meaning, the legislative and judicial branches), which are the subjects of the administrative impact on public relations in the area of traffic, but rather their stable, organized, mutually conditioned activity, which is based on strategic administration and aimed at implementation of achieving the goals of traffic safety that in general sense are reduced to prevention of the causes of traffic accidents and mitigation of their consequences by means of the unified state policy.
Kalyuzhny Y.N. —
Content characteristics of the key elements of the system of traffic safety
// Law and Politics. – 2018. – ¹ 7.
– P. 36 - 46.
DOI: 10.7256/2454-0706.2018.7.43003
URL: https://en.e-notabene.ru/lamag/article_43003.html
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Abstract: The subject of this research is the scientific sources characterizing the system of traffic security. The object of this research is the legal relations, occurrences and processes that form in state provision of traffic safety. Having analyzes the scientific literature the author expounds a brief content of elements that characterize the concept of state administration of the traffic security through examining administrative relations between the subjects of the system of traffic safety and objects of administrative influence, as well as mutual connections between them. The author turns attention to the fact that despite the systematic use of the term of the system of traffic safety in scientific literature, this category is not defined by a legislator, and the existing scientific positions are either contradictory reflect the characteristic of the explored public relations from the perspective of the separate branches of law. The scientific novelty is expressed in the suggested classification of the system of traffic safety that consists of a number of subsystems formed by functionality attribute, analysis and determination of the functions inherent to the examined system. A conclusion is made that the system of traffic security suggest not only a simple objective existence of the government authorities, self-governance, and civil society institutions (in broader meaning, the legislative and judicial branches), which are the subjects of the administrative impact on public relations in the area of traffic, but rather their stable, organized, mutually conditioned activity, which is based on strategic administration and aimed at implementation of achieving the goals of traffic safety that in general sense are reduced to prevention of the causes of traffic accidents and mitigation of their consequences by means of the unified state policy.
Kalyuzhny Y.N. —
The Main Directions to Improve Training of Vehicle Drivers Who Conduct Passenger and Freight Transportation
// Police and Investigative Activity. – 2018. – ¹ 1.
– P. 1 - 9.
DOI: 10.25136/2409-7810.2018.1.25599
URL: https://en.e-notabene.ru/pm/article_25599.html
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Abstract: The subject of the research is the legal sources that describe training of vehicle drivers who conduct passenger and freight transportation as well as granting a driving permit to a driver. The object of the research is the legal relations, phenomena and processes arising in the course of training vehicle drivers. As a result of his analysis of research literature and legal acts, the author of the article describes the existing structure of vocational training of vehicle drivers in comparison to the draft Federal Law that sets forth qualitative changes in training of vehicle drivers. In his research article Kalyuzhny analyzes administrative and legal aspects of a fundamental improvement of vehicle drivers training. The methodological basis of the research includes general and special research methods (formal law, analytical method, systems approach, analysis, synthesis, modelling, comparison, etc.). The novelty of the research is caused by the fact that the author of the article analyzes the main changes in the legal acts and regulations that are aimed at improving vocational training of vehicle drivers conducting passenger and freight transportation and gives recommendations regarding how to improve it. The main conclusion made by the author is his statement that the results of the analysis of the main road safety indicators over the last years show some regression as a result of passenger transportation accidents. As before, the human factor has the most effect on the number of accidents including the quality of training of drivers. Thus, the need to improve the training of vehicle drivers who conduct passenger and freight transportation is an important and topical issue which will surely have a positive effect on decreasing the number of road traffic accidents.
Kalyuzhny Y.N. —
Interaction Between the State Traffic Inspectorate under the Ministry of Internal Affairs of the Russian Federation and Civil Society Institutions and the Public in the Field of Road Traffic Security Provision
// NB: Administrative Law and Administration Practice. – 2017. – ¹ 6.
– P. 33 - 40.
DOI: 10.7256/2306-9945.2017.6.25707
URL: https://en.e-notabene.ru/al/article_25707.html
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Abstract: The subject of the research is the legal provisions and academic sources that describe the procedure of interaction between the State Traffic Inspectorate under the Ministry of Internal Affairs of the Russian Federation and civil society institutions and the public in the field of road traffic security provision. The object of the research is the legal relations, phenomena and processes arising during interaction between the State Traffic Inspectorate under the Ministry of Internal Affairs of the Russian Federation and civil institutions and the public in the field of road traffic security provision. As a result of analyzing legal acts and provisions and academic literature, the author of the article provides a brief analysis of the interaction between the State Traffic Inspectorate under the Ministry of Internal Affairs of the Russian Federation and civil institutions and the public in the field of road traffic security provision and describes the main forms of the aforesaid interaction. The methodological basis of the research is a set of general and special research methods (formal law, analytical methods, systems approach, analysis, synthesis, modelling, comparison, etc.) The main conclusion made by the author is his statement that in a modern democratic state interaction between the State Traffic Inspectorate and civil society institutions and the public in the field of road traffic security provision is a form of social partnership and essential element of an integral road traffic safety provision under the conditions of internal affairs being reformed. Civil society institutions are an important resource that ensures consequent and systemic influence on social relations in this field and enables to protect rights and legal interests of road traffic participants, to reduce the level of road accidents, the number of died and wounded. The novelty of the research is caused by the fact that the author conducts an integral analysis of theoretical and legal aspects of the interaction between the State Traffic Inspectorate under the Ministry of Internal Affairs of the Russian Federation and civil institutions and the public in the field of road traffic security provision.
Kalyuzhny Y.N. —
Modern mid-term directions of road traffic safety provision in the Russian Federation
// Police activity. – 2017. – ¹ 3.
– P. 1 - 9.
DOI: 10.7256/2454-0692.2017.3.22258
URL: https://en.e-notabene.ru/pdmag/article_22258.html
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Abstract: The research subject is the modern mid-term directions of road traffic safety provision in the Russian Federation. The research object is legal relations, phenomena and processes connected with the state management of road traffic safety provision. The author considers the modern achievements in the sphere of road traffic safety provision, analysis of the content of particular statutory documents defining the directions of the state policy in the sphere of road traffic aimed at the prevention of road accidents and decrease of the gravity of their consequences. The research methodology is based on the set of general scientific and specific research methods (formal-legal, analytical, the system method, analysis, comparison, etc.). The scientific novelty of the study consists in the analysis of statutory documents defining the key mid-term directions of road traffic safety provision in the Russian Federation. The author concludes that in Russia consistent activities aimed at the prevention of road accidents and minimization of their consequences are realized. These measures are complex, and the mentioned directions of road traffic safety provision will certainly be reflected in the elaboration of a unified strategic mid-term document, which should be in the form of a legal act harmonized with the existing legal framework in this sphere.
Kalyuzhny Y.N. —
Theoretical and legal approaches to the definition of the principles of road traffic safety protection in the Russian Federation
// Administrative and municipal law. – 2016. – ¹ 11.
– P. 902 - 909.
DOI: 10.7256/2454-0595.2016.11.19506
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Abstract: The research subject is the legal regulations and scientific resources, characterizing the principles of road traffic safety protection. The research object is legal relations, emerging in the process of application of legal provisions, regulating road traffic safety protection. Based on the analysis of statutory instruments and scientific literature, the author summarizes the content of the principles, characterizing the essence of public management of road traffic safety protection, by means of the analysis of general legal principles, principles of administrative law and institutional principles of road traffic safety protection. The author gives attention to the existence of the system of such principles. The research methodology is based on the set of general scientific and special research methods (formal-legal, analytical, system methods, analysis, synthesis, modeling, comparison, etc.). The author concludes that the road safety protection principles, contained in the Federal Law “On road traffic safety”, are the sustainable and fundamental elements of law, helping, on the one hand, systematize the law, and on the other hand, define the specificity of the legal system, formed in the sphere of road safety protection, its difference from other modern legal systems, thus allowing considering these principles as the institutional ones. The author comes to the conclusion about the dialectical interrelation of institutional principles of road traffic safety protection and the general principles of law. The scientific novelty of the study consists in the comprehensive analysis of theoretical and legal aspects of fundamental ideas of road traffic safety protection.