Abstract
This paper is based on the analysis of transport, counterterrorism and public oversight statues law and common practice, examines legal points of using public oversight for the convenience of the transport counterterrorism safety precautions. Terrorism on transport networks is a problem which may hardly be combated beyond transport security, which, in turn, is constitutionally and legally grounded in the Russian Federation due to its high importance. For example, Article 71 of the Constitution of the Russian Federation classifies economic development, federal transport and rail transport, defense and security as falling under the jurisdiction of the Russian Federation. Public security protection, social security, environmental security, emergency prevention and response, including in transport services, are classified pursuant to Article 72 of the Constitution as falling under the shared jurisdiction of the Russian Federation and the constituent entities of the Russian Federation.
Highlights
KUTAFIN UNIVERSITY LAW REVIEW social security, environmental security, emergency prevention and response, including in transport services, are classified pursuant to Article 72 of the Constitution as falling under the shared jurisdiction of the Russian Federation and the constituent entities of the Russian Federation
As for the second component of the “transport security” category in question, it should be noted that Federal Law No 390-FZ On Security of December 28, 2010, contains no legal definition of the term “security.” Previously, Law of the Russian Federation No 2446-1 On Security of March 5, 1992, which is no longer effective, defined security as the state of protection of vital interests of an individual, society and state against both internal and external threats
Public control in the environmental protection field is exercised for the purposes of exercising everyone’s right to enabling environment and the prevention of violations of environmental laws. It is exercised by public associations or other non-profit organizations in accordance with their articles of associations, as well as citizens under the applicable law.[14]
Summary
KUTAFIN UNIVERSITY LAW REVIEW social security, environmental security, emergency prevention and response, including in transport services, are classified pursuant to Article 72 of the Constitution as falling under the shared jurisdiction of the Russian Federation and the constituent entities of the Russian Federation. As for the second component of the “transport security” category in question, it should be noted that Federal Law No 390-FZ On Security of December 28, 2010, contains no legal definition of the term “security.” Previously, Law of the Russian Federation No 2446-1 On Security of March 5, 1992, which is no longer effective, defined security as the state of protection of vital interests of an individual, society and state against both internal and external threats. Today’s scientific approaches to understanding the term “security” which we find to be the most adequate are built on categories such as protection, threat (yes or no), ability, activity, attitude, etc. Most viewpoints are based on understanding security as sort of protection of a system (part, structural element of a system) against undesirable effects and threats
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