Traditionally, environmental crimes have been difficult to penalize both in Russia and abroad. Russian environmental legislation is not codified, it is a complex conglomerate of a wide variety of legal acts that are condemned to take into account the classification of environmental crimes and their delimitation of related crimes. Accordingly, the article examines the status, causes and some measures to prevent environmental crimes. The general methodological basis of the research was formed by the basic provisions of the dialectical method of the study of the phenomenon of legal in its text-context relationship. All the evidence can be concluded that the reasons for the production of environmental crimes include the ineffectiveness of the activities of law enforcement agencies, economic determinants and reasons in the field of legal awareness. In addition, the analysis of the statistical table of environmental crimes recorded a clear disproportion between the real situation in the field of ecology and the fight against such crimes. At the same time, the most significant factor that distorts the real image of environmental crimes is there and recursion latency in the concrete.
The paper describes the existing in Russia regulatory legal responsibility for causing harm by a highly automated (unmanned) vehicle (BTS). The most significant documents currently include: Convention on Road Traffic; Road Safety Strategy in the Russian Federation; «Roadmap» to improve legislation and eliminate administrative barriers in order to ensure the implementation of the National Technology Initiative for the «Avtonet». The main attention is given to the order of the Government of the Russian Federation, in which the first approaches to the regulation of the operation of highly automated vehicles are indicated, the actors responsible for the case of damage by the drone are highlighted. The principles of the functioning of the BTS and the degree of their autonomy are shown in general terms. The authors analyze the approaches in the domestic criminal law to the responsibility of persons managing BTS and the approaches developed in foreign countries in relation to the regulation of the operation of highly automated vehicles. The main approaches to the definition of a criminal law prohibition are indicated and the most important algorithms of criminalization of the considered act are highlighted. The structure of the federal law on the regulation of the use of vehicles equipped with an automatic control system in the territory of the Russian Federation is proposed.
Highly automated vehicles (HAVs) integrate numerous technologies that provide safe and efficient transportation without a driver. Connecting mechanisms ensure communication between vehicles and their infrastructure, and the exchange of data, such as the positioning of the vehicle, its speed, etc. The purpose of each of these functions is to support further automation, which turns a driver from a road user into an observer-controller by transferring to technologies those functions that were earlier performed by people. The automation of control is achieved through a constant analysis of the environment by sensors and the use of previously obtained information, such as maps or data on the road covering, for planning the performance of the vehicle. HAVs use multi-functional hardware and software units that include sensors: lidars, radars, cameras, GPS, odometers, hyrosystems, etc.; systems of data exchange with the road infrastructure using GPRS, 5G, Wi-Fi and other standards; software that controls transport systems, including the systems of machine vision, and neural networks for controlling the road situation. The authors present a classification of threats to HAVs’ security and analyze risks connected with the threats of compromising sensors, control and connection mechanisms, as well as the vulnerabilities of the used technologies. They suggest the wording of a number of new articles in Chapter 27 of the Criminal Code of the Russian Federation devoted to HAVs, which incorporate the following: persons who participated in the development of the corresponding software and guidelines for using the vehicle, operators; actions that could inflict damage, a complex of publically dangerous consequences. A detailed description of four groups of subjects (violators) of infringements on the information system of HAVs is presented: persons using the vulnerability of an information system; malware creators; creators of information systems; operators of information systems. These groups should be taken into account when developing the corresponding norms within Chapter 27 of the Criminal Code of the Russian Federation, the features of aggravating circumstances and the individualization of punishment.
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