Iroshnikov D.V. —
Reflection of the category “security” and derivative concepts in the Constitution of the Russian Federation (in the light of the amendments of 2020)
// Security Issues. – 2021. – ¹ 3.
– P. 44 - 59.
DOI: 10.25136/2409-7543.2021.3.35699
URL: https://en.e-notabene.ru/nb/article_35699.html
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Abstract: This article examines security as the constitutional-legal category through the prism of its consolidation alongside the derivative concepts (national security, public security, environmental safety, and other) in the text of the Constitution of the Russian Federation. Special attention is given to the evolution of the category of “security” in the Constitution of the Russian Federation in the context of amendments introduced in 2020, which also affected constitutional framework of ensuring security. However, the subject of research does not include the question on the need and feasibility of amending the Constitution of the Russian Federation in 2020, as well as implementation of such significant changes without its full revision. The author concludes that from the perspective of improving the constitutional framework of security, it is difficult to assess the constitutional amendments unambiguously. On the one hand, question od security was left out, and some of its aspects were reflected in the text of the Constitution, although the pivotal questions of ensuring security could have been regulated by the constitutional norms in more detail. The author notes that according to the Constitution, the major threat to the individual, society and the state regardless the introduced amendments, is the threat of military nature. In that context, the fundamentals of countering security threats of nonmilitary nature should be reflected in the Constitution more constructively.
Iroshnikov D.V. —
Theoretical problems of legal definition of transport safety and adjacent categories
// Security Issues. – 2020. – ¹ 1.
– P. 17 - 29.
DOI: 10.25136/2409-7543.2020.1.31878
URL: https://en.e-notabene.ru/nb/article_31878.html
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Abstract: This article carries out an in-depth scientific analysis of such legal concepts as “transport safety” and “safety of the transport system”, as well as sectoral concepts by type of transport “road-traffic safety”, “navigational safety” and “aviation safety”. The indicated types of safety are viewed based on such criteria and an object of protection, source of threat, as well as cross-system ties with other types of safety. The research demonstrates the vast differences between the objects of protection and sources of threats in these concepts. The methodology of this work consists in the method of formal logics, which allowed determining logical contradictions in the conceptual-categorical apparatus of transport safety, as well as systemic method for conducting systemic analysis of these types of safeties. The author makes a conclusion that the Federal Law “On Transport Safety” underlies anti-terrorism legislation, and is aimed only at combating acts of illegal intrusion into functionality of the transport system. Therefore, the legal definition of transport safety is also severely narrowed and includes one aspect from the multifaceted transport safety.