Stowaway travel is a threat to the safety of a suburban railway complex or society

Abstract

The article examines the concept of stowaway travel, and historical information, provides an analysis of stowaway travel and statistics of injuries in railway transport. The importance of this issue for society and the state has been voiced. The experience of countering stowaway travel in some foreign countries is given, and their methods of counteraction are considered. Comprehensive studies of public opinion by the WSV and VTsIOM organizations are studied, research results and comparative analysis among stowaways are presented. It is noted that this antisocial act is becoming the norm of behavior, which indicates the ongoing changes in the values of society and poses problematic tasks for the institutions of the state. The opinion of the carriers on this issue is presented and the classification of stowaways is performed, the norms and legal rules are provided. The legal norms and the actual situation on countering stowaway travel are considered using the example of a suburban railway complex, attention is drawn to problematic issues and gaps in legislation. The difficulties that arise in the registration of acts on stowaway travel on the part of the carrier are outlined, the insufficiency of rights of authorized persons of the carrier and interaction with police officers are determined, as well as some issues related to the difficulty of collecting penalties for stowaway travel on writ of execution. The authors' opinion is given that the punishment for stowaway travel should be, and should be applied in order to prevent the commission of new violations. The issues related to the legality of the removal of a stowaway from the train by police officers and authorized persons of the carrier, as well as some difficulties that arise, are reflected. Proposals are presented on the application of measures to stowaways within the framework of Federal Law No. 182-FZ dated 06/23/2016 "On the basics of the crime Prevention System in the Russian Federation" and the possibility of applying art. 20.1. of the Administrative Code of the Russian Federation "Minor Hooliganism" as an administrative impact. The authors present arguments about the need to renew the article "Stowaway" in the Administrative Code of the Russian Federation as an act violating the norms of public behavior. The need is voiced to study the tools for implementing the powers and rights of authorized bodies, and their interaction in countering stowaway travel.