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§ 1. Elements of administratively-legal mechanism regulation of activity of police on maintenance of transport safety

Problems of maintenance of safety on objects of transport system get now the increasing urgency in connection with the become frequent cases as certificates of illegal intervention in activity of a transport complex of our country, and technogenic failures, road and transport incidents, air crashes.

Russia working on transport are engaged in questions of maintenance of transport safety not only bodies of the Ministry of Internal Affairs. Divisions of federal state transport supervision, departmental protection are directly involved in this process, and also proprietors of objects of a transport infrastructure and vehicles. Their adjusted activity based on interaction and mutual aid in the decision of these questions and problems, constitutes, in effect, administrativnopravovoj the mechanism of maintenance of transport safety.

The mechanism of is administrative-legal regulation of activity of police on maintenance of transport safety represents system reguljativnyh and the guarding instructions containing in various standard legal acts, law-enforcement bodies to some extent regulating activity. With reference to a theme of our research it is shown in a complex of is administrative-legal means of counteraction to the basic threats of safety of the population on transport, According to the Order of the Government of the Russian Federation from July, 30th 2010 g, № 1285-r «About the statement of the Complex program of maintenance of safety of the population on transport» 122 basic threats of safety of the population on transport are:

Threats of certificates of illegal intervention, including terrorism certificates;

Threats of technogenic and natural character,

The given threats can carry the following to the basic ways of counteraction:

The prevention, revealing and suppression of certificates of illegal intervention in activity of transport system, including terrorism certificates;

Liquidation of consequences of extreme situations of natural and technogenic character, and also their prevention,

Here it is necessary to notice, that administratively-legal mechanism is a part of a machinery of government of the legal regulation which essence and the cores of its element have been defined still by the well-known classic of right Se. Alekseevym, in particular, he wrote in due time, that «it is necessary to understand all set of legal means taken in unity with which help legal influence on public relations» 123 is provided as the legal regulation mechanism,

The police in the activity for maintenance of transport safety realises all complex of these means, is administrative-legal levers, such as belief and compulsion are especially important, Absence of due application of the given means leads to increase of vulnerability of objects of a transport infrastructure and vehicles for certificates of illegal intervention, in particular, terrorist and eks -

122 Meeting of the legislation of the Russian Federation, - 2010, - №32, - St, 4359,

123 Sm: Alexeys With, With, the legal regulation Mechanism in the socialist state, - M, 1966, - With, 30, tremistskogo character, S.S.Alexey specified in three basic stages of process of the legal regulation, the First stage consists in regulation of public relations which require the legal cover, the Second stage consists in the certain subjective legal rights and duties of concrete citizens and represents action of the rules of law which result is occurrence, change or the termination of legal relations, at last, the third stage is shown in practical realisation of the given subjective legal rights and duties [62], the Above-stated stages are inherent accordingly and to the mechanism of is administrative-legal regulation,

Police activity on maintenance of transport safety is regulated by federal acts and subordinate legislation normative acts, It is necessary to notice, that corresponding public authorities of management, and also other subjects, called to provide it, I have the rights fixed in corresponding certificates and a duty, Them administr the ativno-legal status is realised during fulfilment of legal acts, such as check of documents, examination of hand luggage and luggage, removal pravoprimenitelnyh certificates, and also during application of measures of administrative compulsion, such as dostavlenie, administrative detention, appointment of administrative punishments, etc.

Analyzing stages of process of legal regulation, With, With, Alexeys said that to these stages there correspond three basic elements or parts of the given mechanism: legal rules; legal relations; certificates of realisation of the subjective legal rights and duties,

Besides, it allocated two more additional (but not less important) an element: standard legal the certificate, and also sense of justice and legal culture,

He underlined, that legal rules carry out function of the basic legal means with which help the regulation of public relations is carried out, In aggregate these means form standard base of the mechanism of legal regulation, including investigated by us is administrative-legal mechanism maintenance of transport safety, Legal relations are some kind of the form in which there are subjective legal rights and duties, and I play a role of the central lever providing action of the right concerning concrete persons, And conditions with which rules of law connect occurrence, change or the termination of legal relations, juridical facts are, Juridical facts are concrete actions and events, With reference to sphere of transport safety such facts are not only wrongful acts of separate persons, but also events, such, for example, as extreme situations of natural or technogenic character, In liquidation of which destructive consequences the most active participation is accepted by police, Certificates of realisation of the subjective legal rights and duties represent fixed assets with which help the subjective legal rights and duties are embodied during a life, being realised into behaviour of concrete subjects of public relations, Standard juridical acts act as the main form of expression and fastening of legal rules, As to sense of justice and legal culture they in the legal regulation mechanism I take a special place, being connected to all its parts [63],

Undoubtedly, that sense of justice and legal culture employees of police should possess at realisation of the activity including on maintenance of transport safety on transport any kind, Without these, apparently, additional parts of the mechanism of legal regulation as a whole and is administrative-legal regulation including, it is impossible to achieve efficiency in the prevention and suppression of certificates of illegal intervention in work of a transport complex, and, hence, to the full to provide safety of citizens on a transtime - those from a various sort of threats. Now, unfortunately, crisis of sense of justice of a modern society, low level of legal culture of the population, therefore employees of police is marked, being representatives of the law, are obliged to improve constantly, in our opinion, the sense of justice and to raise the level of legal culture. The polite and attentive relation to citizens from the employees of police involved in maintenance of transport safety, should be shown even at fulfilment of illegal acts on objects of a transport complex. In the quiet and accurate form their rights and a duty should be explained offenders, and also protection of their life and health, including from aggressively adjusted group of citizens is provided. The trust in many respects depends on it to police as from the citizens who have admitted fulfilment of an offence, and from casual persons being nearby.

On legal nature of the mechanism of legal regulation known modern scientists-jurists adhere to the similar point of view.

So, N.I.Matuzov and A.V.Malko define the legal regulation mechanism as «... System of the legal means organised in the most consecutive image for ordering of public relations, assistance to satisfaction of the rights and interests of concrete subjects of legal relations» 126. They I allocate as basic elements of the mechanism of legal regulation the rule of law, the juridical fact or the set of facts, legal relation. Besides, designated authors allocate certificates of realisation of the rights and duties and a facultative element of the mechanism - guarding pravoprimenitelnyj акт127. Costs otm¾tit, that the given certificate is often enough used in police activity on maintenance of transport safety, for example, the report of withdrawal of the things forbidden to [64 [65] transportation and subjects, the detention report, the decision on administrative violation, etc.

Speaking about administrative-legal mechanism maintenance of transport safety, in a prime order it is necessary to mean reguljativnye and guarding norms of administrative law, which as in laws, and subordinate legislation standard legal acts. The important place in the mechanism of maintenance of transport safety instructions which fix is administrative-legal interdictions, and also occupy structures of administrative violations encroaching on relations connected with maintenance of transport safety. The last contain in the Code of the Russian Federation about administrative violations in which the administrative liability of infringement of the most various requirements is provided, concerning maintenance of transport safety. Thereupon it is necessary to notice, that the police is far not the unique subject of maintenance of transport safety. Such subjects are, in particular, divisions of transport safety.

According to Federal act article 1 «About transport safety» 128 divisions of transport safety are divisions of departmental protection of federal enforcement authorities in sphere of transport or accredited for this purpose when due hereunder the legal bodies who are carrying out protection transport infr astruktury and vehicles from certificates of illegal intervention. Therefore the police problem (including transport police specially created for these purposes) consists in assistance rendering to these divisions in performance of the functions assigned to them on maintenance of transport safety.

One of the basic problems of police in business of maintenance of transport safety is ambiguity of instructions of the Federal act

28 Meeting of the legislation of the Russian Federation. - 2007. - № 7. - item 837.

«About transport safety» 129, assigning to police function of rendering of assistance to divisions of transport safety. As fairly mark S.M.Zyryanov and V.I.Kuznetsov, «... Outwardly this contradiction is shown in disbalance of administrative mechanisms: legal responsibility for maintenance of transport safety is assigned by the law to owners of objects of a transport infrastructure and vehicles, i.e. private persons, they bear the main material inputs on safety maintenance on transport; questions of maintenance of antiterrorist safety are carried to conducting corresponding controls in transport sphere; on bodies of maintenance of safety are professional the problem of rendering of assistance to private subjects» 130 is assigned.

Meanwhile, according to Federal act article 2 «About police» 131 to the basic directions of activity of bodies of police maintenance in law and order public places, so, the public safety maintenance which component is transport safety concerns. Besides, maintenance of safety of traffic also concerns the police competence as segment of transport safety in is wide ™ sense of a considered category. However the Federal act «About transport safety» as it was established earlier, treats transport safety in the narrow sense of the word namely as a condition of security of objects of a transport infrastructure and vehicles from certificates of illegal intervention, and in this aspect safety of traffic does not fall under legal concept of transport safety. All it generates set of problems of the mechanism of is administrative-legal regulation of activity of police on maintenance of transport safety. One of key problems in

29 Meeting of the legislation of the Russian Federation. - 2007. - № 7. - item 837.

30 See: Zyrjanov S.M., V.I.Transportnaja's Smiths safety and system of subjects of its maintenance//Magazine of the Russian right. - 2012. - № 12. - with. 5.

131 Meeting of the legislation of the Russian Federation. - 2011. - № 7. - item 900.

The given direction, in our opinion, javlja¾tsja the decision of a problem of interaction and the police competence, and also divisions of the Ministry of transport of the Russian Federation and, at last, the subjects maintaining vehicles and obliged to spend the whole complex of actions of the organizational and technical character connected with maintenance of transport safety.

Aleksandrov A.N., Teterjuk A.G., investigating a problem of maintenance with police of transport safety notice, that «... Law-enforcement bodies including on transport, it is not necessary to consider territorial divisions of law-enforcement bodies as the main subjects of maintenance of transport safety and, first of all, on the legal nature and social appointment. In a broad sense maintenance of transport safety is a complex specialised activity which includes not only security from external threats in which number by the legislator are defined: certificates of illegal intervention. But also from internal threats which, in bolshej parts, include necessity of observance of various technical requirements which to contain in regulations, rules, instructions, etc. Accordingly, the given norms are turned directly to proprietors, owners and workers of a transport infrastructure and vehicles. Hence, to execute such requirements the experts possessing special skills and knowledge are capable only. It is obvious, that police bodies are not capable to check and master all areas of professional work, taki or otherwise connected with maintenance of transport safety »132.

Really, veda the primary goal of police - crime control, means, maintenance of transport safety should be prero -

132 See: Aleksandrov A.N., Teterjuk A.G.territorial bodies of the Ministry of Internal Affairs of Russia on transport as the subject of maintenance of transport safety: a parity of volume of duties and responsibility//Management of activity on maintenance of safety of traffic (a condition, problems, perfection ways). - the Eagle, 2016. - With. 25.

gativoj specialised bodies of Ministry of Transport of Russia which are more professionally capable to warn internal threats of transport safety, thickets of all being the reason of transport incidents and technogenic transport accidents with the Big human victims. At all danger of the acts of terrorism made with use of vehicles or on objects of a transport infrastructure, value of internal threats of transport safety in no event cannot be belittled, underestimated, as the neglect is fraught with them the most serious consequences (ship-wrecks, air crashes, road and transport incidents, etc.). Therefore the legislator also assigns the given aspect of transport safety not to police bodies, and on the state transport inspectors, obliged to spend both planned, and off-schedule checks of a technical condition of vehicles.

At the same time a number of researchers of problems of transport safety on a railway transportation all the same specify in the leading part of police in the mechanism of its maintenance. So, E.N.Lykov and T.S.Kolesov quite obosnovanno, in our opinion, I notice, that «... Safety of a transport complex is defined by productive work of salvage and rescue services, divisions of a civil defence, law enforcement bodies and special services therefore all necessary conditions of increase of national safety are created, and also decrease in the risks connected with certificates of terrorism. The list of subjects of the administrative control on transport is rather wide and is not limited only to police bodies. However, it is obvious, that on character of solved problems, volume of direct work and carried out functions by the central subject of the state control on transport the police is. Therefore, here it is necessary to say that safety of a railway transportation depends essentially on activity of special linear law-enforcement bodies (transport police) »133.

Such approach is quite logical. It is caused by that according to point 3 of the order of the Ministry of Internal Affairs of Russia from June, 15th, 2011 № 636 «About the statement of typical position about lin¾jnom a department of the Ministry of Internal Affairs of Russia on railway, water and air transport» 134 linear department carries out powers of police in the field of maintenance of protection of a life, health, the rights and freedom of citizens, criminality counteraction. Besides, the linear department of the Ministry of Internal Affairs of Russia on transport carries out protection of a public order, property and public safety maintenance on objects of railway, water and air transport. The is administrative-legal control on the transport, carried out by transport police, is one of basic elements administrativnopravovogo the mechanism of maintenance of transport safety, therefore the transport police in this mechanism carries out one of the main functions.

Under the public safety on objects of a transport complex (that ¾st transport safety in the broad sense of the word, distinct from narrow legal definition) it is necessary to understand all set of the public relations arising in the course of use of sources of raised danger in the field of passenger transportations and transportations gru -

1 3 5

зов135.

Thus it is necessary to consider, that public safety maintenance should be based on transport on legal and organizatsionnotehnicheskih rules. It is necessary for liquidation and counteraction

33 See: Lykov E.N., Kolesov T.S.feature of protection of a public order and safety on objects of a railway transportation//National association of scientists (NAU). - 2015. X. / Jurisprudence. - with. 140.

34 Russian newspaper. - 2011. - on August, 19th.

35 See: Lykov E.N., Kolesov T.S.feature of protection of a public order and safety on objects of a railway transportation.//National association of scientists (NAU). - 2015. X. / Jurisprudence. - with. 141.

To undesirable consequences, for maintenance of faultless functioning and a technical condition of objects of transport system, maintenance of safety of a life and health of passengers, safety of cargoes [66].

Researchers E mentioned by us earlier, N, Lykov and T.S.Kolesov fairly notice, that «... If the public safety to investigate as the general concept in relation to transport safety police bodies - the unconditional subject of its maintenance, what, however contradicts the established requirements the Federal act« About transport safety »in this connection mismatches the validity But even if the above-stated concepts to consider as supplementing each other, it is not possible to define accurately, whether where the role of bodies of police in maintenance of transport safety comes to an end the police, in other words, can will provide the public safety, not participating in maintenance of transport safety?» [67],

In our opinion, cannot if to understand transport safety as public safety component, If transport safety to understand in narrow sense, as defines its Federal act «About transport safety» to provide it owe those divisions of departmental protection of the airports, river and seaports, railway stations, federal enforcement authorities in the field of transport, and the police should render them all assistance as law enforcement body, And not only transport police, but also territorial,

Research of is administrative-legal means of maintenance by police of transport safety is impossible without competence instructions lin¾jnogo management (department) on transport. Whether - therefore a number of powers n¾jnogo a department of the Ministry of Internal Affairs of Russia on the transport, the Ministries of Internal Affairs of Russia established by the aforementioned order from June, 15th, 2011 № 636 and directly concerning a theme of our dissertational research, we will specify. So, according to point 12 of the order a department of the Ministry of Internal Affairs of Russia on transport:

Provides a public order and the public safety on objects of railway, water and air transport;

Takes part in preventive maintenance, revealing and suppression of extremism within the competence;

Carries out forecasting, carries out the analysis and studying of a condition, dynamics and the criminal pattern, a problem of protection of a legal order and property, maintenance public and personal security (including transport safety), on the basis of the given indicators takes active measures on activity perfection in sphere of protection of a public order, brings to a higher management of law-enforcement bodies on offer transport on improvement of the activity connected with protection and protection of the rights and interests of the person, a society, the state from socially dangerous, illegal encroachments;

Accepts active participation in spent by other bodies and the organisations actions for counteraction to terrorism, in maintenance of a mode of counterterrorist operation, in maintenance of protection of the important objects and places of mass stay of citizens from certificates of illegal intervention, and also in carrying out of a complex expert estimation of objects of railway, water and air transport on a condition of their antiterrorist security;

Participates together with other competent services and divisions in maintenance of aviation safety in sphere of civil aircraft; takes out the corresponding conclusions about admission possibility to work of employees in services of aviation safety in cases if this work is connected with the objects representing special danger to a life and health of citizens or for environment;

Takes part in execution of federal and regional programs in sphere of protection of a public order and maintenance of transport safety on objects of a transport complex;

Accepts direct participation in carrying out of examination of passengers, their luggage and hand luggage on objects of various types of transport, or carries out such examination independently with a view of withdrawal forbidden for transportation by vehicles of things and subjects;

Renders all assistance and the help to the state and municipal bodies, public associations and the organisations in protection of the rights, freedom and legitimate interests of citizens, observance of legality, the law and order, and also gives every possible support and the help in development of private initiatives in sphere of revealing, the prevention and suppression of crimes and administrative violations, protection of a public order and public safety maintenance on objects of transport system;

Spends at realisation of the state supervision of maintenance of aviation safety in sphere of civil aircraft a complex of planned and off-schedule checks of observance of requirements and rules of preflight examination, throughput and vnutriobektovogo modes;

Enquires and receives all necessary documents and the information from heads of the transport organisations, services of aviation safety of airdromes, the airports, the aviation enterprises, divisions of departmental protection of the enforcement authority authorised in the field of transport, and also from carriers, consigners and other organisations; gives out to heads of legal bodies are obligatory for instruction execution about elimination of infringements of requirements of aviation safety and regularly checks completeness of execution of the given instructions; in the presence of the information on the revealed infringements ustanov - lennyh requirements of aviation safety of an air vessel accompanies it during flight; detains luggage, mail and the cargoes containing subjects and substances, forbidden to transportation by air transport.

Thus, in the specified standard legal act the system of is administrative-legal means of maintenance with police of transport safety contains. However pravoprimenitelnoj only bodies of transport police the given mechanism far is not settled by activity. The important role in it is played by territorial bodies of Federal service on supervision in transport sphere, hence, divisions of transport and territorial police should render them all assistance. The federal state control (supervision) in area tran sportnoj safety is carried out on the basis of the Governmental order of the Russian Federation from October, 4th, 2013 № 880 «About the Position statement about the federal state control (supervision) in the field of transport safety» 138 by means of carrying out of following actions:

Studying and the analysis of documents and the materials characterising activity of subjects of a transport infrastructure and vehicles, connected with execution of rules and requirements of transport safety;

Detailed inspection of objects of the transport complex transported by passengers of things and subjects about conformity to established requirements of transport safety;

Carrying out of various examinations and investigations for the purpose of an establishment of a causal complex of infringement of requirements of transport safety with actual facts of fulfilment of certificates of illegal intervention;

Regular supervision over execution of the established requirements in the field of transport safety, including way of remote supervision over maintenance of transport safety on objects a trance -

38 Meeting of the legislation of the Russian Federation. - 2013. - № 41. - item 5193.

The tailor of a complex with application of audio-and videosystems, and also computer technologies.

In point 11 of the given governmental order of the Russian Federation the rights of the state transport inspector are regulated at realisation of the federal state control (supervision) which also are the important component administrativnopravovogo the mechanism of maintenance of transport safety;

To make detailed complex survey of objects of a transport infrastructure, the vehicles, transported things and subjects, and also cargoes about performance of the established requirements and rules in the field of transport safety for what it is authorised to visit free as office, industrial premises and any other premises, constructions and buildings of objects of transport system;

To enquire of subjects of a transport infrastructure necessary the information and documents for performance of problems and duties of the federal state control (supervision) in transport sphere;

To carry out professional check of observance of the established rules of carrying out of examination with a view of appropriate maintenance of transport safety of physical persons, vehicles, cargoes, luggage, hand luggage and personal things;

To accept active participation in carrying out of investigation of the incidents connected with infringement of established requirements and rules of transport safety;

To apply the measures of preventive, precautionary or restrictive character directed on bar of claim by lapse of time or suppression of infringements of requirements in the field of maintenance of transport safety by subjects of a transport infrastructure, and also the measures directed on liquidation of consequences of such infringements;

To constitute reports on administrative violations and to consider cases about administrative violations in a statutory order.

The basic subjects realising is administrative-legal means of maintenance of transport safety, divisions of departmental protection of federal enforcement authority in transport sphere are. Understanding of their problems, duties of their workers, an order of interaction with law-enforcement bodies on transport very important for effective counteraction to certificates of illegal intervention in activity of any kind of transport. And therefore it makes sense to analyse regarding problems and duties the governmental order of the Russian Federation from October, 11th, 2001 № 743 «About the Position statement about departmental protection of the Ministry of transport of the Russian Federation» 139 and the governmental order of the Russian Federation from June, 27th, 2009 № 540 «About the Position statement about departmental protection of Federal agency of a railway transportation» 140. According to the given certificates the primary goals of departmental protection are:

Protection of objects of protection against criminal and other illegal encroachments;

Maintenance on protected objects corresponding throughput and vnutriobektovogo modes;

The prevention and suppression of crimes and administrative violations on objects of protection;

The organisation and realisation of preventive maintenance of fires, observance of requirements in the field of fire safety;

Participation when due hereunder in realisation of the departmental control over observance of a fire-prevention mode, suppression of fires, and

39 Meeting of the legislation of the Russian Federation. - 2001. - № 46. - item 4355.

40 Meeting of the legislation of the Russian Federation. - 2009. - № 27. - item 3363.

Also in liquidation of consequences of technogenic failures, accidents, acts of nature and other extreme situations on protected objects. Workers of departmental protection are accordingly obliged: to take part in maintenance of protection of protected objects from illegal encroachments of various character;

To carry out a complex of the established actions for the prevention of infringements throughput and vnutriobektovogo modes;

To warn and bar crimes and administrative violations on objects of departmental protection;

To carry out before arrival of employees of police search and detention of persons, it is illegal pronikshih on protected objects, before finding-out of circumstances;

To participate when due hereunder in realisation of the internal departmental control over observance of a fire-prevention mode, suppression of fires, and also in liquidation of consequences of technogenic failures, accidents, acts of nature and other extreme situations on objects of departmental protection;

To accept direct participation in carrying out of a complex of actions for maintenance of safety of the data constituting secret protected by the law;

To render within the competence constant assistance and the help to law enforcement bodies in the decision of the problems assigned to them and functions,

With reference to maintenance of transport safety in sphere of a railway transportation the order of interaction of territorial divisions of departmental protection with law-enforcement bodies of the Russian Federation and divisions (bodies) of armies of national guards of the Russian Federation is defined by joint certificates of Federal agency of a railway transportation, the Ministry of Internal Affairs of the Russian Federation and Federal service of armies of national guards

The Russian Federation, Besides, the joint order of the Ministry of Internal Affairs of Russia №1022, Ministry of Transport of Russia № 487 from December, 27th 2013 g, approves the Instruction on the organisation of work of police squads of linear managements (departments) of the Ministry of Internal Affairs of Russia on railway, water and air transport and workers locomotive and poezdnyh brigades on law and order maintenance in trains of distant following and the suburban message [68],

As the transport police stars in maintenance of transport safety in trains of distant following and the suburban message, the order of support by police squads of trains is the major action in which course the whole complex of is administrative-legal means of maintenance of safety of passengers on a railway transportation is realised, It is necessary to notice, that in the given direction of maintenance of transport safety interstate interaction So, with a view of perfection of interstate interaction concerning maintenance of safety of citizens and a public order on objects of transport, in the frameworks, the approved Uniform dispositions, support of trains of the interstate message with republics Belarus, Kazakhstan and Azerbaijan is carried out is carried out, According to a uniform disposition for last five years from the Ministry of Internal Affairs of Byelorussia police squads accompany 16467 trains, From them: Management on transport on Northwest Federal district - 7007, to the Central Federal district - 9460 and to North Caucasian federal district - 702, is registered 4 crimes, 2285 administrative violations are barred, revealed 4 persons who are wanted, For the same period from the Republic Kazakhstan Ministry of Internal Affairs 5135 trains, from them UT on TSFO - 1252, PFO - 1353, UrFO - 1572 and SFO - 958 are accompanied, 54 crimes are registered and opened, 411 administrative violations are barred, with use mobile nosimyh complexes "Terminal-tm" is revealed 19 persons who are wanted,

For same time from the Ministry of Internal Affairs of the Azerbaijan Republic 825 trains, from them UT on SKFO - 555 and TSFO - 270 are accompanied, 7 crimes are registered and opened, 355 administrative violations are barred.

Further it is obviously necessary to open features of the organisation of work of dresses of support, an order of execution by them services, and also features of maintenance of the law and order workers of a railway transportation in trains of distant following and the suburban message. All it is important for essence explanation administratively-legal mechanism maintenance of transport safety on an example of the most popular and basic railway transportation on a passenger turnover as the Majority of employees of transport police is carried out by the functions on a railway transportation in corresponding linear managements and departments of the Ministry of Internal Affairs of Russia.

According to the Instruction specified above from December, 27th, 2013 support by dresses of trains can be carried out by various ways. The most popular is so-called through ¾st when one dress carries out watch from point of formation of a train to point of its appointment. Other way of support - go-ahead when accompany a train some dresses within territories of the service; one more way - on a site when one dress is on duty within a site of the service.

On each route the route card in which are specified is constituted by a linear department: stations on which linear managements settle down, departments, their structural divisions; a support route; an order of working off of a train along the line, and also on short-term and long parking; the sites demanding steadfast attention; features, conditions and character of performance of duty by dresses in fast and passenger trains; the official duties of the dress executed as a part of a train, in adjoining territory of stopping points, at turn station, and also at occurrence various extreme about - stojat¾lstv; the schedule of work of the dress approved by a management which is constituted so that throughout all route simultaneously bore service not less than two employees of police, with instructions of time of their work, food intake, rest particularly for each employee on a site of support of a train and at a finding at stations; Order of communication and redate of the emergency information in linear departments of the Ministry of Internal Affairs of Russia; a report order in parts of linear managements on duty and departments about results of performance of duty along the line and at stations; an order of interaction of dresses of support with workers locomotive and poezdnyh brigades, representatives of the suburban passenger companies to whom problems and functions under the control of presence of tickets and documents at passengers are assigned, and also other divisions of police at stations on all route.

The given data are necessary for dresses of support for qualitative maintenance of the transport safety, therefore each employee of the dress is obliged their nobility, to understand and be able to use them at occurrence of those or other threats. Therefore responsible from a management of linear management or a department with participation of the operative person on duty leads up operative conditions. Besides, corresponding official checks knowledge the dress of support of a train of the rights and duties, positions of the standard legal acts regulating questions of protection of a public order and maintenance of the public safety on objects of a transport complex, application of the physical strength, special means and fire-arms. Besides puts specific targets before the dress and instructs about an order of their performance.

Starting performance of duty on train support, the senior of the dress establishes interaction with on duty on station not later than for half an hour before departure of a train of distant following. The chief of a train shows it the business card and routeing sheet, and also finds out operative conditions in served territory, adjusts an operating procedure on a platform at planting and disembarkation of passengers, in a train departure time so that the served train from both parties was under constant supervision and the control of employees of the dress of support. In suburban trains the senior of the dress of support is represented to the machinist and the representative of the passenger suburban company, shows them the business card, finds out conditions in a service zone, adjusts a way of a safety communication, an operating procedure in a train. In a train of distant following the chief of a train brings in trip magazine of a surname and the initials of employees of the dress of support, number of their business cards, number of routeing sheet with instructions of a site of support. We will pay attention, that support dresses fulfil the duties on maintenance of transport safety in interaction with workers of a railway transportation, workers of the private security organisations, members of public formations of a law-enforcement orientation and usual citizens. In a suburban train the machinist brings in routeing sheet of a train of a surname and the initials of employees of the dress of support, time of the beginning and the termination of watch by them on train support, a support site.

After departure of a train the dress bypasses structure, informs them on an order of communication with it along the line, explains problems and actions for maintenance of the law and order and transport safety, establishes interaction with conductors of cars, other workers po¾zdnoj brigades, workers of the car-restaurant.

At stops the senior of the dress of support establishes interaction with employees of departments of the Ministry of Internal Affairs of Russia on transport, together with subordinates to it employees participates in working off of passengers at parking and train departure. Along the line the police squad bears service by patrol, being in regular movement on structure in ts¾ljah realisation of the constant and full control over operative conditions and operative reaction to its possible change.

Operative persons on duty on linear managements and the departments located on a route of trains, provide with them constant information interchange about changes of operative conditions and the reasons of these changes, an order of interaction during parking of trains, and also carry out the constant control over execution by dresses of support of service, irrespective of their subordination.

Employees of the dress can leave an accompanied passenger train only in unusual cases, such as: prosecutions of disappearing criminals; suppressions of crimes and dostavlenija the persons suspected of fulfilment of crimes, in parts of linear departments of the Ministry of Internal Affairs of Russia on duty; rendering assistance by the victim at incidents and accidents on a railway transportation; rendering of assistance and the professional help to workers of a railway transportation and to employees of police at stations, in suppression of crimes and administrative violations, detention of infringers.

Before to leave a train of distant following, employees of the dress of support should inform in due time the chief of a train on the reasons of its leaving, except for cases of prosecution of disappearing criminals, and to make a corresponding mark in office documents of the chief of a train with instructions of station of leaving of a train. At leaving of a suburban train the support dress the passenger - the machinist »or"police"should inform accurately the machinist of a train on vnutrisalonnoj to system«. After returning to the constant duty station the senior of the dress reports the official report on the chief of linear management or a department on the reasons of leaving by employees of the dress of an accompanied train.

At support of a train of distant following by go-ahead way the senior of the dress transferring a train for the further support the friend to an ohm to the dress, in detail informs it on operative conditions, the persons causing suspicion, including being in salon of the given train. In office documents of the chief of a train the senior of the dress brings corresponding record about train transfer under support to the new dress, assured by signatures transferring and a receiving party.

At support of a suburban train within a site of the service the dress does planting in the head car of structure and it is represented to the machinist, and also the representative of the suburban passenger company at its presence.

The employees who are not entering into the dress of support, at planting in a passenger train should show the documents giving to them the right of passage.

After the arrival on station or change station on which there is no linear management or a department, senior the support dress establishes interaction with the head of change at station or station, does at the person on duty on station or station a mark in routeing sheet and provides an order in territory of station (station) before arrival of a passenger train coming under to support. At a finding of a train of distant following at station the senior of the dress in interaction with workers po¾zdnoj brigades carries out a complex of actions for law and order maintenance in a train of distant following and along it in adjoining territory.

Thus, support dresses carry out: acceptance together with workers of a railway transportation, the private security organisations of measures on bar of claim by lapse of time of planting and disembarkation of passengers on the move a passenger train, journey of citizens on footboards, roofs, stsepkah and in non-working platforms of cars;

Maintenance of safety of passengers, representatives of the suburban passenger companies, workers poezdnyh and locomotive brigades and a public order in train salon;

Carrying out of survey of cars in the presence of the chief of a train and workers locomotive and po¾zdnoj brigades, places of possible installation of explosives;

Carrying out of survey of cars on the arrival of structure on terminal station, bar of claim by lapse of time of a finding of by-standers, things and subjects in train cars;

Removal when due hereunder the passenger from a train if it at planting in a train or along the line does not observe a journey rule, breaks a public order or calmness of other passengers;

Transfer to a statutory order to the operative person on duty on linear management or a department found out at survey of a train of ownerless things, subjects and substances, and also the subjects which are withdrawn from a turn or being at citizens in the absence of the special permission.

From a passenger train the senior of the dress of support reports on each removal of the passenger the official report on the chief of a linear department of the Ministry of Internal Affairs of Russia with instructions of date, time, a place and the removal bases.

Law and order maintenance in trains of distant following and the suburban message is carried out not only divisions of transport police, but also workers of a railway transportation who also have the volume of powers on maintenance of transport safety and are the integral link of is administrative-legal system of maintenance of the given kind of the public safety. So, in a train of distant following the chief of a train and conductors of cars should regularly, is not more rare than two times a day, to inform passengers on observance of measures of personal security, support of a train by the dress, an order of communication with it, its site. During train parking at stations they should not suppose in cars of by-standers, and after train departure to be convinced of their absence in cars. At detection of by-standers workers po¾zdnoj brigades should take timely measures to their removal and inform the chief of a train and the support dress.

The chief of a train will organise work of conductors of cars on duty. At watch, especially in the night says lies, conductors supervise all movement of passengers on the car and a train, regularly check free compartments, office and technical premises. At revealing of suspects, subjects and ownerless things conductors inform the chief of a train and the support dress.

In suburban trains the machinist of a train informs not less than two times during a trip of passengers on support of a train by the dress, an order of communication with it and about the dress location.

At detection of wrongful acts or the reference of passengers about fulfilment in a train of distant following in relation to them or to other persons of wrongful acts being in a train conductors of cars immediately inform on it to the chief of a train and (or) to the support dress. The chief of a train together with the support dress in the correct and polite form interrogates the suffered passengers and possible witnesses of incident. At receipt of references of passengers of a train of the suburban message on vnutrisalonnoj to system "passenger-machinist" about wrongful acts the machinist immediately calls on loud-speaking communication the support squad to a scene of crime, administrative violation, incident.

At absence in a train of the dress of support the chief of a train with use of a communication facility available for it informs locomotive and poezdnuju a brigade on incident, and also reports the accident in the person on duty is frequent the nearest linear management or a department of the Ministry of Internal Affairs of Russia along the line. In the corresponding message the name of station or a site of following of a passenger train where incident took place, number of a train, the car, biographical particulars of the addressed passenger or the worker po¾zdnoj brigades, time of incident, circumstance of incident should contain. The representative of the suburban passenger company on vnutrisalonnoj to system "passenger-machinist" or "police" informs the machinist of a train on incident at station or a site of following of a suburban train where there was an incident, informs car number, time, circumstances of incident, and, using available communication facility, informs on incident of the head of the suburban passenger company.

At planting in a passenger train of investigatory-operative group the chief of a train and poezdnaja a brigade assist in carrying out of legal proceedings, and also operatively-search actions.

The important component it is administrative-legal mechanism, without which its effective functioning is impossible, the control institute, in our case of the control over work of dresses of support of transport police is. The control over work of dresses of support is carried out irrespective of their subordination supervising and inspection structures of managements of transport, linear managements. At checks the special attention addresses on observance by dresses of support of office discipline, on safety of the office weapon, a communication facility, special means, for performance of requirements of legislative and other standard legal acts of the Russian Federation, legal acts of the Ministry of Internal Affairs of Russia. About results of the spent checks executors do marks in routeing sheets and report on heads of linear managements and departments on subordination. In the senior of the dress of support says lies long parking of a train at stations where there are linear managements or departments, or under its commission the employee of the dress reports on their operative person on duty on a law and order condition in a train. The operative person on duty does about it a mark in routeing sheet with putting down of a stamp of a part on duty. After the arrival on a terminal point of a route the senior of the dress of support reports the official report on the operative person on duty on a law and order condition in a train.

The operative person on duty writes down in a working writing-book of data on structure of the arrived dresses of support, time of their arrival, numbers accompanied and coming under to support po¾zdov, presence of the weapon and special means, defines a way of communication with dresses at their finding at stations.

So ™ in the image, it is possible to draw a conclusion, that the mechanism of is administrative-legal regulation creates the form for the most flexible influence on the public relations connected with maintenance of transport safety. So, effective maintenance of transport safety directly is connected with perfection of norms of the administrative law fixing both standard, and technical requirements of maintenance of transport safety.

Also follows otm¾tit, that the transport police is the basic subject of maintenance of transport safety on a railway transportation, carries out the functions in t¾snom interaction with workers of a railway transportation, gives them obligatory instructions for execution concerning protection of the law and order during movement and parking po¾zdov distant following and the suburban message. From quality of interaction of dresses of support with parts of linear managements on duty and departments, with chiefs and machinists po¾zdov, locomotive and poezdnymi brigades, conductors, representatives of the suburban passenger companies degree of safety of passengers and members of crew in many respects depends.

Employees of police also actively co-operate with services of aviation safety, the state transport inspectors, employees of departmental protection of federal enforcement authority in transport sphere, and also subjects who directly carry out operation of a transport infrastructure and vehicles.

Disclosing would be administrative-legal mechanism maintenance of transport safety incomplete without research of the administrative violations encroaching on transport safety, si - stema which is fixed in 11 Head of the Code of the Russian Federation about administrative violations.

Corresponding subjects, involving the persons who have broken the requirements of transport safety, to administrative responsibility, are, as a matter of fact, a final link of is administrative-legal system of maintenance of transport safety, Thereupon their work should be carried out on the law requirements, each infringer corrected also requirements in the field of transport safety should really (instead of it is formal) to incur administrative punishment to realise illegal character of the d¾jany, Otherwise such person, remaining unpunished for administrative violations, further can make act representing the big social danger, Only at strict observance of performance of the duties it is possible to speak about efficiency of realisation of is administrative-legal means of maintenance of a transtime tnoj safety,

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A source: Ziganshin Marat Muhamethanovich. Is administrative-legal regulation of activity of police on maintenance of transport safety. The dissertation on competition of a scientific degree of the master of laws. Moscow - 2017. 2017

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More on topic § 1. Elements of administratively-legal mechanism regulation of activity of police on maintenance of transport safety:

  1. the Chapter II. CONSTRUCTIVE ASPECTS OF ADMINISTRATIVELY-LEGAL MECHANISM REGULATION OF ACTIVITY OF POLICE ON MAINTENANCE OF TRANSPORT SAFETY
  2. § 2. Legal bases of maintenance of transport safety in police activity
  3. the Chapter I. CONCEPTUALBASES ADMINISTRATIVNOPRAVOVOGO OF REGULATION OF ACTIVITY OF POLICE ON MAINTENANCE OF TRANSPORT SAFETY
  4. § 3. Principles of activity of police on maintenance of transport safety
  5. § 5. Ways of perfection of activity of police on maintenance of transport safety
  6. § 4. Measures of administrative compulsion, are applied by police in the mechanism of maintenance of transport safety
  7. Ziganshin Marat Muhamethanovich. Is administrative-legal regulation of activity of police on maintenance of transport safety. The dissertation on competition of a scientific degree of the master of laws. Moscow - 2017, 2017
  8. § 2. Is administrative-legal means of maintenance with police of transport safety
  9. § 3. The police competence on maintenance of transport safety
  10. § 3.2. The basic directions of perfection criminally-legal mechanism maintenance of safety of traffic and transport operation
  11. the mechanism of administratively-legal protection employees of police of Mongolia
  12. Chapter 2. Administratively - the remedial maintenance of activity of private security of police on inspection of divisions of protection of legal bodies with special authorised problems
  13. 2.3. Administratively-legal mechanisms counteractions of corruption in activity of employees of police: problems and prospects
  14. the FIRST CHAPTER. Historical experience of a legal regulation of maintenance of safety of traffic and responsibility for road and transport crimes, their concept and a place in the operating criminal legislation of Russia.
  15. 2.2. Administratively-jurisdiktsionnaja activity of the district militia officer of police in resort region
  16. § 5. Concept, structure and efficiency of the mechanism of maintenance of constitutional laws of the person of a police field of activity (on an example of the USA)
  17. § 3. Directions of perfection of legal regulation of activity of customs bodies of the Russian Federation on maintenance of economic safety
  18. § 3.2. Elements of structure of administratively-legal status not state organisations
  19. 3.2. Features of legal regulation of the organisation and police activity on maintenance of constitutional laws and freedom of the person and the citizen in the Russian Federation: a modern condition and dynamics of development