scholarly journals Highly Automated Transport Vehicles: Threats to the Information Security System and the Legal Liability

2020 ◽  
Vol 12 ◽  
pp. 3-9
Author(s):  
Yulia V. Gracheva ◽  
◽  
Aleksandr I. Korobeev ◽  
Sergey V. Malikov ◽  
Aleksandr I. Chuchaev ◽  
...  

The paper considers the current state and prospects of development of unmanned (highly automated) vehicles in Russia. Relying on the strategic direction that the vehicles functioning in unmanned mode should be gradually included into the already established transport system without exposing other road participants to danger and ensuring the observance of traffic rules, the article gives a detailed analysis of vulnerabilities and risks that have to be faced in the development and operation of highly automated vehicles. The global practice shows that not only technical and organizational means, but also legal measures play a major role in ensuring the safety of unmanned vehicles. The authors propose to develop legal measures aimed at preventing the harm caused by unmanned vehicles to be implemented within the framework of Chapter 27 of the RF Criminal Code “Crimes against traffic safety and vehicle operation”.

2020 ◽  
Vol 2 ◽  
pp. 59-68
Author(s):  
A. Iashchenko

The article is devoted to the research of measures of criminal justice response to prohibitions in the field of traffic safety and vehicle operation. It is noted that the primary role in state response to violation of criminal justice prohibitions in the field of traffic safety and vehicle operation is given to punishment, but no less important role is paid to other alternative to prohibition measures of criminal justice nature based on the concussion (special confiscation) or the encouragement (exemption from criminal responsibility or serving a sentence). It is concluded that the normative regulations of threats of application of certain punitive measures of criminal justice nature in sanctions of the articles of this section of the Special part in which the legislator defines the threat of application of various types of punishment for committing the crimes stipulated in crimes’ dispositions, needs specification from the point of view of the system interconnection, along with the provisions of the General Part of the Criminal Code of Ukraine, whereas the practice of application of special confiscation its further distribution and development, considering the proposed recommendations of its delimitation with the so called criminal procedural confiscation as means of criminal procedural concussion. In particular, it is noted that such clarification may be implemented either by enforcing additional penalties specified in the sanctions of Part 1, 2, 3 of Article 286, part 1 of Article 287 of the Criminal Code of Ukraine, to the common list of types of punishments, with their separate meaningful definition in the corresponding articles of the section X of the General part of the Criminal Code of Ukraine, or by covering normative definition in sanctions of the specified articles of section XI of the Special part of threats of application of such additional types of punishments according to the existing parts of the Criminal Code of Ukraine. In this regard the sanctions of Article 286 and 287 of the Criminal Code of Ukraine propose to make appropriate changes. As for the practice of applying special confiscation for committing crimes in the field of traffic safety and vehicle operation, it is recommended that the question of its implementation should be based on the fact that the subject of special confiscation may be defined in paragraph 1 of Part 1 of Art. 96-2 of the Criminal Code - items 6, 6-1 part 9 of Art. 100 of the Criminal Procedure Code, paragraph 2, part 1 of Art. 96-2 of the Criminal Code - item 2 part 9 of Art. 100 of the CPC, paragraph 3, part 1 of Art. 96-2 of the Criminal Code - item 5 part 9 of Art. 100 of the CPC, paragraph 4, part 1 of Art. 96-2 of the Criminal Code - item 1 part 9 of Art. 100 of the CPC items of the material world that possess a certain property value, and are usually considered as physical evidence in criminal proceedings initiated on the fact of committing certain crimes in the field of traffic safety and vehicle operation.


Author(s):  
І. Андрущак ◽  
В. Марценюк ◽  
I. Андрощук ◽  
В. Чудовець ◽  
М. Потейчук

The article discusses the current state of application and development of cloud computing, the main advantages and disadvantages of their use in the states, enterprises and in scientific activity. The standards, regulations and guidance documents in the field of cloud computing information security are developed and analyzed, developed by the Cloud Security Alliance (CSA), the European Network and Information Security Agency (ENISA) and the National Institute of Standards and Technology (NIST), and the results of a detailed analysis of the issues information security in the cloud.


2020 ◽  
pp. 424-433
Author(s):  
А. О. Чичиркін

During the investigation of criminal offenses related to violation of traffic safety rules and operation of vehicles, conducting an investigative experiment is one of the mandatory investigative (search) actions, which requires the investigator to concentrate mental and organizational skills and a significant amount of procedural time within the pre-trial investigation, which can be properly ensured through interaction with expert units. In this category of criminal proceedings, the investigative experiment is a source of information on the parameters and characteristics of the accident, which can not be obtained in other ways, and without which many important expert tasks can not be solved during forensic examinations. The purpose of the article is to study the peculiarities of the investigator's interaction with expert units during the investigative experiment in investigating violations of traffic safety rules or vehicle operation, by establishing areas of interaction between the investigator and experts during the investigative experiment in this category of cases; disclosure of types of investigative experiment and typical situations of interaction of the investigator with experts during its carrying out during investigation of the criminal offense provided by Art. 286 of the Criminal Code of Ukraine; determining the role of the expert as a specialist involved in the investigative experiment in the investigation of violations of traffic safety rules or transport operation; identification of shortcomings that arise from improperly organized interaction of the investigator with the expert during the investigative experiment, a proposal for measures to prevent them. The article highlights and reveals the content of the peculiarities of the investigator's interaction with expert units during the investigative experiment in the investigation of violations of traffic safety rules or vehicle operation. It was found that one of the main shortcomings in the design of the protocol is that the investigator during the investigative experiment constantly evaluates the conditions, progress and results of experiments. When drawing up the report, keep in mind that the evaluation of the results by the investigator and other participants in the investigative experiment is beyond the scope of the protocol. As a rule, the evaluation of the results is stated at the end of the protocol.


Author(s):  
Volodymyr Myslyvyy

The author has considered criminal-legal matters related to practice of application of criminal and other branch legislation and regulations in the field of road safety. The article highlights problems of the use in investigative and judicial practice of criminal law and related rules of sectoral traffic law, as well as the requirements of traffic safety and vehicles operation rules during the assessment of criminal offenses under Art. 286 of the Criminal code of Ukraine. The author has proved the organic interrelation of blanket dispositions of criminal legal rules with the corresponding provisions of branch legislative acts and traffic safety and vehicle operation rules which are most often broken by actors of these criminal offenses. He has examined the characteristic of the specified rules in view of their criminal-legal value during the criminal-legal analysis and assessment of the socially dangerous actions which are considered. The classification of the specified rules has been offered. Based on the analysis of case law, the peculiarities of the application of certain types of road safety rules, as well as some issues of their improvement have been considered. The proposals on optimization of the branch legislation on road traffic with inclusion in it as a component of traffic rules have been supported. An improved version of Art. 286 of the Criminal Code of Ukraine in view of the normative and legal content of its blanket disposition, as well as the need to further improve its legislative and regulatory framework has been supported. The author has pointed out the need to eliminate the gaps caused by the lack of timely legal regu-lation of road safety issues that arose with the emergence and operation of new vehicles (electric scooters, jet skis, unicycles, etc.).


2018 ◽  
pp. 131-141 ◽  
Author(s):  
A. N. Savrukov ◽  
N. T. Savrukov ◽  
E. A. Kozlovskaya

The article analyzes the current state and level of development of publicprivate partnership (PPP) projects in the subjects of the Russian Federation. The authors conclude that a significant proportion of projects is implemented on a concession basis at the municipal level in the communal sphere. A detailed analysis of the project data showed that the structure of the projects is deformed in favor of the central regions of the Russian Federation, and a significant share in the total amount of financing falls on the transport sector. At the stage of assessing the level of development by the subjects of the Russian Federation, criteria were proposed, and index and integral indicators were used, which ensured comparability of the estimates obtained. At the end of the analysis, the regions were ranked and clustered according to the level of PPP development, which allowed to reveal the number and structure of leaders and outsiders.


Author(s):  
Oleksandr Ostrohliad

Purpose. The aim of the work is to consider the novelties of the legislative work, which provide for the concept and classification of criminal offenses in accordance with the current edition of the Criminal Code of Ukraine and the draft of the new Code developed by the working group and put up for public discussion. Point out the gaps in the current legislation and the need to revise individual rules of the project in this aspect. The methodology. The methodology includes a comprehensive analysis and generalization of the available scientific and theoretical material and the formulation of appropriate conclusions and recommendations. During the research, the following methods of scientific knowledge were used: terminological, logical-semantic, system-structural, logical-normative, comparative-historical. Results In the course of the study, it was determined that despite the fact that the amendments to the Criminal Code of Ukraine came into force in July of this year, their perfection, in terms of legal technology, raises many objections. On the basis of a comparative study, it was determined that the Draft Criminal Code of Ukraine needs further revision taking into account the opinions of experts in the process of public discussion. Originality. In the course of the study, it was established that the classification of criminal offenses proposed in the new edition of the Criminal Code of Ukraine does not stand up to criticism, since other elements of the classification appear in subsequent articles, which are not covered by the existing one. The draft Code, using a qualitatively new approach to this issue, retains the elements of the previous classification and has no practical significance in law enforcement. Practical significance. The results of the study can be used in law-making activities to improve the norms of the current Criminal Code, to classify criminal offenses, as well as to further improve the draft Criminal Code of Ukraine.


2010 ◽  
Vol 10 (1) ◽  
pp. 88-104 ◽  
Author(s):  
Howard O. Rockness ◽  
Joanne W. Rockness

ABSTRACT: This paper evaluates the current state of ethics CPE requirements for the CPA profession in the context of the ethics literature in philosophy, business, and accounting and documents the development of state-level ethics requirements for CPAs. It presents a detailed analysis of ethics CPE requirements by state including hours required, frequency required, acceptance of ethics CPE across state lines, and course content. The paper then proposes changes in the content of CPE-required ethics courses consistent with the ethics education literature and to reduce the complexity of meeting multiple state requirements. The recommendations would improve the overall effectiveness of ethics CPE for CPAs.


Author(s):  
Frederik Naujoks ◽  
Sebastian Hergeth ◽  
Katharina Wiedemann ◽  
Nadja Schömig ◽  
Andreas Keinath

Reflecting the increasing demand for harmonization of human machine interfaces (HMI) of automated vehicles, different taxonomies of use cases for investigating automated driving systems (ADS) have been proposed. Existing taxonomies tend to serve specific purposes such as categorizing transitions between automation modes; however, they cannot be generalized to different systems or combinations of systems. In particular, there is no exhaustive set of use cases that allows entities to assess and validate the HMI of a given ADS that takes into account all possible system modes and transitions. The present paper describes a newly developed framework based on combinatorics of SAE (Society of Automotive Engineers) automation levels that incorporates a comprehensive taxonomy of use cases required for the assessment and validation of ADS HMIs. This forms a much-needed basis for test methods required to verify whether an HMI meets minimum requirements such as those outlined in the National Highway Traffic Safety Administration’s Federal Automated Vehicles policy.


2021 ◽  
Vol 37 (1) ◽  
pp. 101-106
Author(s):  
V.V. Kusakin ◽  

The article is devoted to the analysis of Article 350 of the Criminal Code of the Russian Federation, which provides for criminal liability for violation of the rules of driving or operating cars, the evolution of this article and the problems of sentencing under it are considered. One of the suggestions for improving this article is to change its sanction, which will eliminate the identified significant legal gap. The author conducted a comprehensive analysis of various aspects related to the criminal violation of traffic safety rules and the operation of military vehicles, and proposed the author's solution to the problematic aspects. The study used specific dialectical methods: comparative, hermeneutical, discursive, formal-legal, as well as some sociological methods: observation, methods of expert assessments and analysis. The provisions contained in the materials of the article can be used to improve the current criminal legislation and to develop explanations of the Plenum of the Supreme Court of the Russian Federation in reviews of judicial practice.


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