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THE CONCLUSION

Research проблемні is administrative-legal regulation of activity of police on maintenance of transport safety allows to draw some theoretical conclusions, and also to formulate offers on improvement of quality police work in a corresponding direction of realisation of its administrative activity:

1.

Problems of maintenance of transport safety have appeared practically simultaneously with development of transport and functioning of a transport infrastructure, thereupon both in our country, and in variety industrially developed, and with reference to sphere considered by us, it is possible to tell, «the transport states» is saved up enough the big and substantial experience of the decision of a considered problem. Nevertheless, new calls and threats force to look at the relations connected with maintenance of transport safety in a new fashion. In research the attention that the problem of maintenance of transport safety for last decades was seriously enough globalized is paid, variety of the states, and also the international organisations is integrated into this process, prosecuting by subjects of directly maintenance of transport safety.

2. Maintenance of transport safety is included in scale process of maintenance of national safety, therefore maintenance of a considered kind of social safety cannot be torn off from the general process of maintenance of safety. Maintenance of transport safety is directly connected with problems of counteraction to terrorism, and also directly concerns social and economic development of the country. The given conclusion is caused by that transport and a transport infrastructure are "attractive" object for a various kind of terrorist attacks, besides, failures and accidents on transport threaten a life and health of citizens, cause rather essential damage to state economy. Besides it, failure and accidents in sphere of operation aviation, railway, water and motor transport undermine prestige of the state, reject it on a roadside of social and economic development. Here it is far not the full list of the reasons why each state aspires to provide with all means available for it safe functioning of transport and a transport infrastructure.

3. Transport safety is a component of the public safety and corresponds with it as a part with the whole. Meanwhile, the term «transport safety» is collective concept and develops of various kinds of safety on transport. It is caused by specificity of operation of various types of transport, and also available various risks of use of this or that type of transport. Proceeding from it it is possible to draw a conclusion, that the condition of transport safety develops of safe functioning of all types of transport, transport safety should concern safe use of a transport infrastructure which at times is inseparable from operation of this or that transport.

4. In the mechanism of maintenance of transport safety are involved

The diversified means, at everyone their which

institutsionalnaja and a functional role. So, legal means are included in the mechanism of maintenance of transport safety technical, economic, organizational, and also. We will notice, that various means of maintenance of transport safety can execute the functional role only at their complex realisation, and also under condition of their reference in the is administrative-legal form.

5. Legal means of maintenance of transport safety are various enough. In regulation of the relations connected with maintenance of transport safety, the rules of law of a various branch accessory having the obligatory subject of influence on the relations, svjazanny with maintenance of transport safety are involved. Thereupon it is possible to draw a conclusion that maintenance of transport safety is reached by means of system of the legal means regulating corresponding relations both with positive, and from the guarding point of view. The central place in system of legal means of maintenance of transport safety is occupied with is administrative-legal means. In research it is proved institutsionalnaja and functional rum of the given means in the mechanism of maintenance of transport safety. It is besides, proved, what exactly police as the most universal subject of maintenance of transport safety, directly realises these legal means.

6. Is administrative-legal means of maintenance of transport safety are a part of legal means in general, thereby, they possess all general qualities of legal means, namely - formal definiteness, compulsion to application, etc. Nevertheless, considered means possess some features which are caused by that they are realised in sphere state and police administration. Legal means about which there is a speech, are applied by big enough circle of the subjects involved in process of maintenance of transport safety. On the legal qualities investigated legal means are subdivided on guarding and reguljativnye legal means that allows pravoprimenitelju to carry out the flexible and differentiated influence on are public the relations connected with maintenance of transport safety. In work it is proved, that legal means take the central place in the mechanism of legal regulation of maintenance of transport safety. In this connection improvement of their quality predetermines efficiency of maintenance of the given kind of the public safety.

7. Is administrative-legal regulation of maintenance of transport safety is based on the imperative instructions penetrating all process of maintenance of the given kind of safety. Imperative instructions which define quality of corresponding work, are called as principles. In principles the most important positions, maintenance of transport safety concerning questions are concentrated. Therefore quite reasonably substantiated conclusion that principles can be translated from a category academic in a real practical plane. Such approach can show their maximum functionality in the mechanism of legal regulation of activity of police on maintenance of transport safety. Also it is necessary to note on the decentralised character of standard fastening of is administrative-legal means of maintenance of transport safety.

8. Maintenance of transport safety - process difficult enough and substantial, in it is involved variety of state governing bodies, at each of which the competence. One of subjects of maintenance of transport safety is the police. We will notice, that the police is the most universal subject of maintenance of transport safety, but in conditions kommertsializatsii uses of this or that type of transport, change of patterns of ownership of the enterprises of transport, the police competence for last decades was a little narrowed. Nevertheless, despite it, the police as it is independent, and in interaction with other controls carries out the whole complex of functions on maintenance of safety of operation of various types of transport and a transport infrastructure. In the conditions of management decentralisation by a transport complex, and also it is necessary for globalisation of transport space of police to improve forms and methods of the work on maintenance of the given kind of safety, to adjust dense interaction with controls a transport complex of our country, and also it is direct with the enterprises maintaining this or that type of transport.

9. In the mechanism of maintenance of transport safety the key role is played by norms of administrative law which contain not only in laws, but also in decisions and orders of the Government of the Russian Federation, and also in departmental standard legal acts of the Ministry of Internal Affairs of Russia and the Ministry of transport of the Russian Federation, that is in certificates of federal enforcement authorities. Joint standard legal acts, as listed, and of some other enforcement authorities have great value. In the given documents the order of interaction of bodies of police with corresponding services and the divisions of transport sphere directly involved in technical and organizational process of maintenance of transport safety is in details reflected. In particular, research has shown, that transport safety is provided directly with bodies of federal state supervision in transport sphere, and also the workers (employees) maintaining objects of a transport infrastructure and vehicles. On the basis of stated, in work the conclusion that the primary goal of police in sphere of transport safety is reduced to the prevention and suppression of certificates of illegal intervention in activity of transport and a transport infrastructure is drawn.

Considering the given circumstance, it is possible to draw a conclusion that get now the increasing urgency, so-called, internal threats of transport safety which technical experts of bodies of the state are obliged to reveal and bar

Transport supervision. The police in a corresponding direction should render all assistance to the state transport

To inspectors in performance of the problems assigned to them and functions.

10. Administrative compulsion occupies one of the central

Places in the mechanism of maintenance of transport safety. In

To considered sphere of legal influence measures of the administrative prevention, a measure of administrative suppression, a measure of maintenance of manufacture on affairs about the administrative are used

Offences, administrative punishments, and also measures of is administrative-technical character. In our opinion, it is necessary to carry out complex is administrative-compulsory influence. Such approach is pledge of due maintenance of transport safety. Measures of administrative compulsion in sphere of maintenance of transport safety are applied: 1) controls

Transport complex; 2) police independently; 3) besides, measures of administrative compulsion can be applied during joint actions of police, controls by a transport complex of our country, and also the subjects maintaining this or that type of transport.

11. In maintenance of transport safety on objects of railway, water and air transport a leading role I play divisions of transport police of linear bodies of the Ministry of Internal Affairs of Russia transport. Thus, if on objects of water and air transport activity of transport police basically is reduced to assistance rendering to corresponding security services of the airports, sea and river ports on objects of a railway transportation the transport police is the basic subject of maintenance of transport safety. The functions of division of police carry out as directly on objects of a transport infrastructure, and on the transport, in particular in trains of distant following and the suburban message. It is expressed, for example, in round-the-clock dresses of support by police of trains of distant following. It is necessary to notice, that performance of duty by dresses of support of police in trains has for an object maintenance of safety from certificates of illegal intervention as passengers and property, and crew. Besides, support dresses carry out law and order maintenance in cars of trains, and also spend work under the prevention and suppression of crimes and administrative violations both during a rolling stock stop, and during train movement.

12. As employees of transport police bear service in the specific conditions which are distinct from conditions of service of territorial bodies of the Ministry of Internal Affairs of Russia, special standard legal regulation of its administrative activity is necessary. In particular, the application order in sphere of functioning of transport and a transport infrastructure of the Federal act «About police» regarding realisation by police of the rights, execution of the duties assigned to it, and also application of measures of administrative influence (the physical strength, special means and fire-arms) has features are certain. Proceeding from it, Federal act acceptance «About transport police» in which it is necessary to define the police competence exclusively in sphere is represented expedient

Transport functioning. In the given law probably to fix system of the instructions devoted to questions of maintenance by police of transport safety it is direct on objects of railway, water and air transport. Each type of transport should obesp echivatsja the special police division allocated with the competence on maintenance of transport safety on the corresponding type of transport. Such approach is obviously important for improvement of quality of a standard regulation of work of police in a considered direction. It is connected by that each type of transport in the Russian Federation has the features

Functioning, and also specific threats and risks for transport safety.

13. In ts¾ljah perfection of the legislation on transport safety acceptance kodifitsirovannogo the standard legal act - the Code of transport safety of the Russian Federation is offered. In it it is obviously possible to reflect new concept of "transport safety», and also a complex of actions for its maintenance without sending to other laws and subordinate legislation standard legal acts. It is necessary to understand a condition of security of objects of a transport infrastructure and vehicles as transport safety, and also being in them or near to them people from certificates of illegal intervention, and also other threats of natural, technogenic and social character. Differently, available in the Federal act «About transport safety» definition of transport safety is offered will expand, having fixed in it concept not only external, but also internal threats of safety. Besides, in it follows, in our opinion, to fix problems, functions, and also the rights and duties of concrete divisions of the federal enforcement authorities, directly prosecuting subjects of maintenance of transport safety at operation of various types of transport and to define a place of transport police in maintenance of the given kind of the public safety.

Now, as it was already in detail marked in research, study of questions is necessary for formation of effective system of transport safety both external, and internal threats of transport safety. Special value should get departmental and nadvedomstvennyj the state control (supervision) over maintenance of transport safety, the public control mode in considered sphere is defined. Besides other, definition of accurate borders of legal responsibility of officials of enforcement authorities, and also the subjects who are carrying out operation is actual

Various types of transport.

14. Perfection of is administrative-legal regulation of activity of police on maintenance of transport safety should consider a number of features: 1) specificity of functioning of this or that type of transport; 2) improvement of quality of work of police in considered sphere somewhat depends on its organizational construction which should consider a number of circumstances. In particular, construction of transport police should consider federal level of functioning of this or that transport, level of federal district, level of the subject of the Russian Federation, territorial level, and also level of the corresponding transport knot. Improvement of quality police work in transport sphere depends as well on perfection of level of its standard legal maintenance. For example, today in Federal act article 2 «About police» it would be quite expedient to fix position that maintenance of transport safety concerns number of the basic directions of work of police. It will allow to concentrate its efforts in sphere of maintenance of transport safety. We will notice, that besides a legal component, the overall performance of transport police in many respects depends on quality personnel and material support.

Such are the general conclusions and the offers developed on their basis formulated by results of research administrativnopravovogo of regulation of activity of police on maintenance of transport safety. The formulated conclusions and the developed offers, certainly, do not settle all complex of problems in

Considered direction.

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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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