Zajkova S.N. —
The complexity of ensuring safety in inland waterway transport
// Administrative and municipal law. – 2023. – ¹ 4.
– P. 65 - 79.
DOI: 10.7256/2454-0595.2023.4.43672
URL: https://en.e-notabene.ru/ammag/article_43672.html
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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.
Zajkova S.N. —
Priority directions of ensuring transport security (based on the analysis of strategic planning documents)
// NB: Administrative Law and Administration Practice. – 2022. – ¹ 2.
– P. 13 - 25.
DOI: 10.7256/2306-9945.2022.2.37787
URL: https://en.e-notabene.ru/al/article_37787.html
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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.
Zajkova S.N. —
Transport security within the structure of national security of the Russian Federation
// NB: Administrative Law and Administration Practice. – 2021. – ¹ 4.
– P. 37 - 47.
DOI: 10.7256/2306-9945.2021.4.37328
URL: https://en.e-notabene.ru/al/article_37328.html
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Abstract: In view of the fact that transport continues to be appealing for committing unlawful acts, including terrorist attacks, the improvement of the forms and methods of managing transport sector remains a relevant topic of scientific research. The genesis of the Russian administrative-legal mechanism for ensuring transport security has its own peculiarities associated with the origin and development of state administration in the sphere of security, as well as in transport sector. Examination of the key trends and objective patterns of this process would allow modifying the existing legal regulation on the questions of security of the transport sector, taking into account the available experience, as well as historical trial and error. The article aims to determine the place of transport security within the structure of national security of the country. Comparison is conducted on the national security and transport security, as well as on the common and specific in state administration and legal regulation. The conclusion is made that the transport security is an integral part of national security of the country; therefore, the goals set by the government with regards to transport security contribute to comprehensive achievement of the goals of national security. Despite the exclusive competence of the Russian Federation in the sphere of security, there is practical legal regulation of certain issues of ensuring security, including transport, on the regional level. Special attention is given to the differences in normative legal regulation of national and transport security. The author introduces the original definition of the concept of “legislation of the Russian Federation in the sphere of transport security”, and substantiates the need for making amendments to the Federal Law “On Transport Security”. The scientific novelty is determined by articulation of the problem and consists carrying out special analysis of the legal regulation of relations in the sphere of ensuring national and transport security.