Міжвідомчий Науково-методичний збірник
"Криміналістика і судова експертиза"
ISSN: 2786-7072 (Online); ISSN: 2786-7080 (Print)
PDF Верстка Криміналістика 2019 6.05. 600 608 Завантажень: 49, розмiр: 297.3 KB

DOI: https://doi.org/10.33994/kndise.2019.64.56

O. Dzhus

In the article was noted the importance of the study of the conditions for the carriage of goods by rail transport when executing the railway transport examination, and the main points of such studies are given. One of the causes of the onset of a railroad accident (hereinafter referred to as RTA) with damage to the rolling stock, infrastructure elements, loss of life and loss of cargo through damaged packaging, the integrity of the car body may be a mismatch of the cargo weight with established weight standards, unsatisfactory the technical condition of the rolling stock in which the cargo is transported, improper securing of the cargo in the car, disorder of attachment on the route or interference of unauthorized persons to the cargo itself (theft). As a part of the railway-transport expertise, experts investigate cases of derailment of railway rolling stock, spontaneous movement of cars from the parking lot, followed by their collision, and other cases. Upon the occurrence of an RTA, the compliance of the actions of the railway employees involved with the requirements of regulatory documents, the causal link and the immediate technical reason for its occurrence is investigated. Experts carrying out research within the examination regarded various possible discrepancies that could cause the occurrence of RTA. The inconsistency of the mass of the cargo with the established weight standards for transportation by rail is considered by experts, precisely as a possible discrepancy that could significantly affect the occurrence of the accident. This direction of research requires detailed consideration from the position of forensic expertise. The article discusses individual issues of this type of inconsistency. These points are considered in more detail in a research work devoted to a study of the main transport characteristics of the goods transported and their packages, with an assessment of the possibility of their influence on the causal relationship with the onset of the RTA as part of the railway transport expertise. Each type of faults (inconsistencies) identified during the carriage of goods by rail is investigated as part of the implementation of forensic railway transport examinations and requires the formation of detailed expert approaches. The presented work confirms the relevance of developing a methodology for assessing the impact of cargo transportation features on the onset of railway accidents.

Key words: commercial malfunctions, forensic railway-transport expertise, cargo, features of transportation, fasteners, weight standards.