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NATIONAL AND TRANSPORTATION SECURITY PRINCIPLES: COMPARATIVE LEGAL ANALYSIS

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PDF: Author(s): S. N. Zaikova,
Number of journal: 1(58) Date: February 2022
Annotation:

Transportation security remains an important subject for scientific research studies as transport complex is attractive for committing illegal acts, including terrorist acts. The genesis of the Russian administrative and legal mechanism for transport security has its own characteristic traits connected to the emergence and development of public administration in the transportation industry. The study of the main trends and objective regularities of this process will make it possible to correct the modern legal regulation in the sphere of transport complex security, taking into account the existing experience and trial-and-error practices from the past. The basis for the definition and implementation of a state policy in different spheres of social life consists of some principles — fundamental points that should be strictly followed throughout the whole national management process. The author analyzes the principles of national and transport security established in the relevant federal laws. The purpose of the study is to compare them, to identify their similarities and differences as well as their application details. Methodology is represented by a set of general scientific and private scientific (logical-legal, comparative-legal) methods. The analysis makes it possible to conclude that the principles of ensuring transport security (except the principle of legality) do not disclose, supplement, clarify, or develop the basic principles of national security, taking into account the specifics of the field of legal regulation, but differ significantly from the latter. Since transport security is a branch of the national security of the Russian Federation, the fundamental principles of national security must be taken into account in full, and, if necessary, supplemented with special principles that reflect the characteristics of the object of protection. The author gives grounds for making changes and additions to Article 3 of the Federal Law “On Transport Safety.” The present study may be applied in practice if certain changes are made into the legislation, regulating the considered area of legal relations.

Keywords:

transport, transport complex, transport security, transport security system, transportation security, national security, history of national legislation, public administration, administrative and legal mechanism, forms and methods of managerial activity

For citation:

Zaikova S. N. National and transportation security principles: comparative legal analysis. Business. Education. Law, 2022, no. 1, pp. 218—223. DOI: 10.25683/VOLBI.2022.58.144.