Preview

Transport Technician: Education and Practice

Advanced search
Open Access Open Access  Restricted Access Subscription Access

Legal basis of the railway safety system

https://doi.org/10.46684/2687-1033.2025.1.96-103

EDN: AYUDGM

Abstract

In the article, the author identifies the increasing relevance of determining the legal basis for railway security in the context of increasing threats to railway security.

This relevance is associated with the clarification of the features and improvement of the activities of railway security structures in the context of their increasing role in ensuring the transport and logistics interests of the Russian Federation (hereinafter referred to as Russia, RF, country) in the modern world, which is characterized by an unprecedented aggravation of international contradictions in the field of ensuring transport and other types of security.

The author generalizes that effective provision of railway security is possible only in the presence of certain prerequisites and conditions, which in their totality constitute the legal basis for this type of transport security. Based on the analysis of legislative, scientific and other sources, the author concludes that the set of regulatory and legal acts governing the sphere of railway security and the organization of the activities of entities ensuring it constitutes the legal basis for the functioning of this system. According to the author, this legal basis, taking into account regulatory and legal acts of different legal force, is divided into the following levels: international and national. The national level, in turn, is divided into three sublevels: the federal sublevel, the regional sublevel, and the local (municipal) sublevel. At the same time, this system allows solving the problems facing the subjects of ensuring transport security, but due to its cumbersomeness, fragmentation, and the presence of contradictions, it needs to be improved.

This circumstance actualizes the need for more in-depth studies of the sphere of legal regulation of railway security, on the basis of which it will be possible to develop effective proposals for improving legislation.

About the Author

S. M. Mikailov
Kurgan Institute of Railway Transport — branch of the Ural University of Transport in Kurgan
Russian Federation

Samir M. Mikailov — Cand. Sci. (Law), Associate Professor, Deputy Director for Scientific Work, Kurgan Institute of Railway Transport — branch of the Ural University of Transport in Kurgan.

147 Kolya Myagotin st., Kurgan, 640000



References

1. Alekseev S.S. General Theory of Law: textbook. 2nd ed. Moscow, Prospect, 2008;565. (In Russ.).

2. Baitin M.I. The Essence of Law (Modern Normative Legal Understanding on the Verge of Two Centuries). Saratov, 2001;413. (In Russ.).

3. Strus K.A., Popandopoulo N.A. To the question of the content of the category “legal bases”. Issues of Modern Jurisprudence. 2013;28:91-95. EDN RABUVZ. (In Russ.).

4. Popandopoulo N.A. Legal content of the category “legal bases”. Issues of Modern Jurisprudence. 2013;29:134-139. EDN RCBABX. (In Russ.).

5. Strus К. The notion and indications of legal fundamentals. Modern Law. 2012;3:8. EDN OULFZT. (In Russ.).

6. Strus K.A. Evolution of ideas about the content of the category “legal foundations”. History of the State and Law. 2013;9:50-55. EDN QBCRPX. (In Russ.).

7. Atamanchuk G.V. Theory of public administration: textbook. Moscow, Omega-L, 2010;525. EDN MWJQEB. (In Russ.).

8. Zhilinsky S.E. Entrepreneurial law (legal basis of entrepreneurial activity): textbook. Moscow, Norma, 2005;919. EDN QWDCRT. (In Russ.).

9. Mikailov S.M. Organizational and legal bases of the activities of non-departmental security at the internal affairs bodies of the Russian Federation to ensure the property security of legal entities and individuals: abstract. diss. ... candidate of legal sciences. Moscow, 2011;25. EDN ZOINDB. (In Russ.).

10. Mikailov S.M. Railway safety in the context of the implementation of the transport strategy of the Russian Federation. Transport Technician: Education and Practice. 2024;5(2):211-216. DOI: 10.46684/2687-1033.2024.2.211-216. EDN TNDPMM. (In Russ.).

11. Burnov V. The State Duma adopted amendments on the priority of the Constitution over the norms of international law. Official website of RAPSI. 2020. URL: https://rapsinews.ru/legislation_news/20201028/306442744.html (In Russ).


Review

For citations:


Mikailov S.M. Legal basis of the railway safety system. Transport Technician: Education and Practice. 2025;6(1):96-103. (In Russ.) https://doi.org/10.46684/2687-1033.2025.1.96-103. EDN: AYUDGM

Views: 105


ISSN 2687-1025 (Print)
ISSN 2687-1033 (Online)