Scientific Journal of KubSAU

Polythematic online scientific journal
of Kuban State Agrarian University
ISSN 1990-4665
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121 kb

ABOUT FORMS OF REALIZATION OF THE FUNCTIONS OF THE STATE

abstract 1131509005 issue 113 pp. 70 – 79 30.11.2015 ru 1088
The article is devoted to consideration of questions of functions of the state and forms of their realization, which are of very great importance in the theory of the state and practice of its functioning. It can be explained with the next moments, first, to that in functions are shown essence of the state, its social appointment. The state representing the phenomenon of social life, it is characterized by extraordinary variety of directly observable and perceived manifestations. It is defined as a variety of the tasks solved by the state in various areas of life of society, and a variety of bodies, forms, methods and means of implementation of the state activity. In this regard studying of functions serves as the prerequisite of knowledge of the main thing and defining in the state. Secondly, functions of the state define its structure, i.e. ways, regularities of the organization of elements of the state as difficult system. Research of functions of the state and forms of their realization helps to estimate its opportunities, promotes deeper understanding of the mechanism of its interaction with other structures of society in the solution of the most important political, economic, social, ecological, cultural and other tasks. The correct establishment of functions of the state and definition of forms of realization of these functions promotes stabilization of the public relations and development of society in various spheres
141 kb

TO THE QUESTION OF APPLYING A CITYMANAGER INSTITUTE IN THE RUSSIAN FEDERATION

abstract 1131509059 issue 113 pp. 802 – 813 30.11.2015 ru 1019
Today, in Russia, there are many processes of reforming local government. One of the most pressing issues in this area of legislation is the institution of city manager. This article contains the distinctive features of the voting of City Manager, requirements for a candidate for the position, rights, duties and powers, opinions of scientists on the issue in the sphere of local government, City Manager abroad, the question of the legal status of City Manager in the Kuban region and our own position about the problem. The purpose and objective of this work is to study legislation in this area, display trend developing, drawing up the positive and negative aspects of local government reform. We used a number of different levels of laws regulating relations of Municipality. For example, such as 131- FZ about Local Self-Government, the Criminal Code, the law on local self-government in the Kuban region, as well as sentences of courts of different instances. A distinctive feature of this article is the responsibility of City Manager, and exactly what is waiting for if he breaks the law, and also judicial review
130 kb

STRUCTURE OF PROPAGANDA MACHINE ANTI-BOLSHEVIK MOVEMENT IN SOUTHERN RUSSIA IN 1919

abstract 1131509064 issue 113 pp. 865 – 875 30.11.2015 ru 808
The article is devoted to the study of the structure of the apparatus of propaganda of the Volunteer army and Armed forces of South Russia under the command of General M. V. Alekseev, as well as the changes implemented in this structure by generals A. I. Denikin and P. N. Wrangell. We have highlighted the high importance of an effective propaganda mechanism during the civil war and iIndicated the reasons why the propaganda machine on the "White South" lost the efficiency of similar structures of the Bolsheviks. We considered such reasons as the absence in the Volunteer army powerful single ideology, as the basis for further indoctrination, the Bolsheviks significant advantage in material and technical equipment and production capacity, and advantage in time, as the propaganda machine of the Bolsheviks began to form several years before the outbreak of the civil war. The article reveals the formation process of the news propaganda of the Department of diplomatic division and its subsequent reformation in the Publicity Agency (Oswag) of the Chairman of a Special meeting. We have also touched upon the dissolution of Osweg at P. N. Wrangel and the establishment of a number of departments executing its functions. It is concluded, that the changes in the structure of the propaganda of anti-Bolshevik movement in South Russia, were excessively complicated and mostly formal in nature, they did not solve existing problems, but only created new ones. It is noted, that the main task of all transformations in the apparatus of propaganda, i.e. to overcome the significant advantages of the propagandists of Bolshevism, was not achieved as a result of the considered structural reforms
401 kb

ORGANIZATIONAL ASPECTS OF TYPICAL PATTERNS OF CRIME MECHANISM IN THE SPHERE OF ILLEGAL WEAPON AND AMMUNITION TURNOVER

abstract 1131509080 issue 113 pp. 1094 – 1143 30.11.2015 ru 8228
This article is important today because there is not enough attention in the contemporary law publications paid to the typical patterns of crime mechanism especially in the sphere of illegal weapon and ammunition turnover. Taking into account the opinions of such well-known forensic scientists as R.S. Belkin, V.D. Zelensky, G.M. Meretukov, M.V. Golovin, V.A. Obraztsov, J.G. Korukhov, V.Y. Koldin, O.V. Chelysheva, L.Y. Drapkin, V.N. Karagodin and others, the author comes to the conclusion that it’s necessary to develop typical patterns of crime mechanism for certain types of crime. The author has worked out some typical patterns of crime mechanism in the sphere of illegal weapon and ammunition turnover based upon major informative criminalistic elements, this particular article describes seven typical patterns of crime mechanism for the illegal storage, transportation, transfer, carry, purchase and sale, manufacture, repair or alteration, theft or extortion, careless storage or improper performance of duties on protection of weapon, its basic parts and ammunition. Each pattern is accompanied with the examples of judicial and investigative practice, followed by the necessary explanations and analysis of the activities of the subject of the investigation on the preparation, followup and final stages, which leads to the conclusion about the legitimacy of the proposed patterns
135 kb

GENERAL ISSUES OF DETERMINING THE MEANS, METHODS OF INVESTIGATION, AS THE STRUCTURAL ELEMENTS OF FORENSIC METHODOLOGY

abstract 1131509095 issue 113 pp. 1343 – 1354 30.11.2015 ru 1304
In the article, we have considered issues of the subject of the investigation and determination of the investigative actions necessary to establish circumstances of the crime. The article shows the role of investigative situations in the methodology of the investigation
142 kb

MEANS OF INDIVIDUALIZATION OF LEGAL PERSONS: QUESTIONS OF THEORY AND PRACTICE

abstract 1131509113 issue 113 pp. 1613 – 1625 30.11.2015 ru 1019
The article is devoted to the objects of practice and theory of the means of individualization of legal entities. Individualization of a legal entity - it is when it is allocated from the mass of all the other organizations. A legal person acts under its brand name, which is defined in its founding documents and is included in the state register. The main function of the means of individualization - select an object or a subject of the total weight of the homogeneous objects or subjects. Legal regulation and the legal protection provided by international regulations and legislation in different countries. The high relevance of the topic because it is the development of today's world market and contributes to increasing the role and need for individualization of goods and means of legal protection
168 kb

BOOK-ENTRY SECURITIES AS THE SUBJECT OF THEFT

abstract 1131509114 issue 113 pp. 1626 – 1639 30.11.2015 ru 798
Book-entry securities as the subject of theft. The article deals with the questions of legal assessment of crimes, targeted at embezzlement of book-entry securities. The article reports author's position concerning the expediency of creation in Russian criminal law system, the criminal liability for book-entry security taking in articles about theft and property crimes. The plot of the article requires the discussion in terms of recognizing book-entry securities the subject of theft, and creation of criminal liability for the illegal taking of book-entry securities. The research of legal assessment of book-entry securities theft is well-reasoned by top scientists, cases of court practice, and gives an assumption to consider bookentry security as a subject of theft. Moreover, current level of property relations, material and non- material values put into trade turnover, including objects that have an informational character, and do not possess any material characteristics, attest how important is to recognize non-material thing the subject of theft
139 kb

RESPONSIBILITY FOR ACQUISITION, STORAGE, TRANSPORTATION, PROCESSING FOR SALE OR SELLING OBVIOUSLY ILLEGALLY PREPARED WOOD

abstract 1131509115 issue 113 pp. 1640 – 1648 30.11.2015 ru 750
The article is devoted to the analysis of the legislation on criminal liability for acquisition, storage, transportation, processing for sale or it is sold obviously illegally prepared wood. It is investigated the main and qualifying signs of the corpus delicti provided by Art. 191.1 of the criminal code of Russian Federation, and features of legislative technology of creation of norm on responsibility for this crime. Some problems of qualification of the specified crime and its separation from adjacent structures of crimes are noted
183 kb

LEGAL RELATIONSHIP AND SUCCESSION TO THE INHERITANCE

abstract 1131509116 issue 113 pp. 1649 – 1667 30.11.2015 ru 1608
The authors of the article consider and analyze various points of view upon hereditary legal relationship and the nature of universal succession to the inheritance. The matter of hereditary legal relationship appears due to the death of the testator. Hereditary legal relationship arises on various bases, which grow from the facts: discovery of inheritance, acceptance of inheritance, refusal of inheritance, execution of the will, hereditary transmission and other legal relationship. The authors come to the conclusion that the change of the testator as subject in any of the legal relationship existed during his lifetime is impossible without the whole complex of the hereditary relations, and while some (the relations on protection of hereditary property, division, etc.) can be avoided in the course of transition of hereditary property, the others (discovery of inheritance, acceptance of inheritance) are necessary. In each legal relationship the successor perceives the whole legal situation of the testator, that is in each legal relationship the rights which are the object of the relation will be passed to him. The contents of hereditary legal relationship claim that inheritance represents the transition order protected by the law after the death of a citizen (testator) of the things owned by him on the right of a private property, the property, and also property rights and duties to one or several persons (successors) as universal succession. In the case of universal hereditary succession, the rights and duties are passed to the successor with one act, without a transfer by their first owner, and the passed rights and duties continue to be estimated on the identity of the first owner. Finally the authors come to the conclusion that universality designates transition of the rights as well as the testator’s duties (except those inseparably linked with the identity of the testator) as a whole when the successor can't selectively accept some rights and duties, having refused the others. Restriction of responsibility of the successor for the testator's debts with the size of hereditary volume does not change the essence of universal succession in this regard
120 kb

PROCEDURAL RELATIONS OF THE PROSECUTOR AND THE INVESTIGATOR ACCORDING TO CHARTER OF CRIMINAL PROCEEDINGS, 1864

abstract 1131509117 issue 113 pp. 1668 – 1676 30.11.2015 ru 868
This article "The Procedural relations of the Prosecutor and the investigator according to Charter of criminal proceedings 1864" is devoted to the investigation of some historical aspects of criminal and legal proceedings of the Prosecutor and the investigator according to Charter of criminal proceedings 1864. It discusses the Prosecutor’s and the investigator’s functions and competency in comparison with the current criminal procedure legislation, there is continuity of many of the provisions as well
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