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Vehicles and transport systems are main participants in all activities of any state. On how efficient and well developed transport infrastructure, depends the overall economic development of the country. However, like all complex system, the transport system is susceptible to various external influences, and often this leads to negative effects, and sometimes with tragic result
Recently, was a huge increase in the numbers of accidents in the transport infrastructure. Everybody knows the incident at the Domodedovo airport, terrorist attacks in Minsk and Moscow subway, the crash of TU-134 and Yak -42.
In order to improve sustainability of transport and transport system that ensure the safety of passengers, safety and reliability of freight, reliability and quality of transport infrastructure by the Government of the Russian Federation was developed a set of measures aimed at ensuring traffic safety. The concept of “Transport security” is defined by the Federal Law on February 9, 2007 № 16- FZ as a condition of security of transport infrastructure and transport against acts of unlawful interference.
The same federal law introduces the concept of vulnerability assessment of transport infrastructure and vehicles- as the definition of the degree of security of transport infrastructure and vehicles from threats of acts of unlawful interference.
For non-compliance of requirements to ensure transportation security provides both administrative and criminal liability.
In accordance with the Code of Administrative Offences ( Article 11.15.1).
1. Failure to fulfill the requirements for the transport security of transport infrastructure and vehicles- shall entail the imposition of an administrative fine on citizens in the amount of three thousand to five thousand rubles; for officials- from twenty thousand to thirty thousand rubles; for legal entities- from fifty thousand to sixty thousand rubles or administrative suspension of activity for up to ninety days.
2. Repeated administrative violation under Part 1 of this article- is punishable by an administrative fine on citizens in the amount of five thousands rubles; for officials- from thirty thousand to forty thousand rubles; for entrepreneurs – thirty to forty thousand rubles or administrative suspension activities from up to ninety days; and on legal entities- from fifty thousand to sixty thousand rubles or administrative suspension of activity for up to ninety days.
Criminal liability for violation of the requirements for the transport security is defined in accordance with Art. 263.1 of the Criminal Code of the Russian Federation, according to which:
1. Failure to fulfill requirements to ensure traffic safety on the transport infrastructure and transport means the person responsible for ensuring transportation safety, if this act caused by negligence, the infliction of serious harm to human health of the infliction of serious injury- shall be punished by a fine of up to eighty thousand rubles or the salary or other income for the period up to six months, or restraint of liberty for up to three years, with disqualification to hold certain activities for up to three years or without it
2. The same action which negligently caused human death,- shall be punishable by restraint of liberty for up to four years, or imprisonment for up to five years, with disqualification to hold certain posts or practice certain activities for up to three years or without it :
3. The act provided the first paragraph, which resulted in the death of two or more persons- shall be punished by imprisonment for a term not exceeding seven years, with disqualification to hold certain posts or practice certain activities for up to three years or without it.
By the Order of the Ministry of Transport of Russian Federation on February 8, 2011 № 42 “ On approval of requirements to ensure transport safety, taking into account the security levels for different categories of transport infrastructure and vehicles, road transport and road management” determined that all subjects of transport infrastructure, operating on the
Territory Russian Federation must provide an assessment of vulnerability of OTI and approve in the established order an assessment of the vulnerability of OTI within 3 month from the date of receipt of notification of inclusion in the register of OTI and OTI categorized and assigned to the category of OTI. Vulnerability assessment is carried out by specialized organizations in the aria of transport security as defined by paragraph 2 of Article 5 of the Federal Law on February 9, 2007 № 16- FZ on the basis of guidelines, taking into consideration the list of potential threats to commit acts of unlawful interference with the transport infrastructure, with the model offender.