Scientific Journal of KubSAU

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

VARIABLE APPROACH TO CHOOSING THE WAYS OF SCIENTIFIC AND TECHNICAL LITERATURE INTERPRETATION IN THE CONTEXT OF A PROFESSIONAL ACTIVITY

abstract 1111507049 issue 111 pp. 845 – 860 30.09.2015 ru 1054
This article touches the current issue of variable approach to choosing the variant of scientific and technical translation. Development of Linguistics and the sciences, studying a man and his activities, and increasing the flow of information due to the rapid development of the areas of science require another approach to the development of mechanisms for the translation process. This article discusses and analyzes multidimensional models of translation, their versatility with the dynamics of the translation process. The authors consider the translation as a specific component of communication using two languages in which the problems of philosophy, psychology, physiology, sociology and linguistics are accumulated. Particular attention is paid to the problem of interpretation of the concept of "invariant", which allows the translation of scientific and technical literature to achieve adequacy of the translated text with the original one, saving the message content and statements shades that is the style of the original text. This article details the various methods of translation, their effectiveness, and the authors estimate each type of translation in terms of use for practical purposes and in view of reducing the rate of a man work and reducing the complexity of his operations
174 kb

TO THE PROBLEM OF LEGAL SYSTEM CLASSIFICATION: CIVILIZED APPROACH. TENDENCIES OF LEGAL FAMILIES APPROACHING IN THE CONDITIONS OF GLOBALIZATION

abstract 1111507008 issue 111 pp. 134 – 150 30.09.2015 ru 1077
The article discusses various criteria for the classification of legal systems. Special attention is drawn to the civilizational approach, which can be effectively used in the classification of legal systems. In accordance with the civilizational approach in the world there are many civilizations, developing according to its own laws (for example, the Scythian civilization, ancient Egyptian, etc.). In accordance with this approach the history of mankind is a history of the development of civilizations. There are different definitions of civilization. In generalized form is a community of people with particular characteristics in the socio - political organization, economy, culture. All States from the point of view of the civilizational approach can be divided into two types: Eastern (China, India, the Empire of the Incas, etc.) characterized by Marx as the "Asian mode of production"; the Western, or progressive (especially European countries). Each of these types has its historical features. In turn, each of these types has its own legal family. It appears that the basis for determining the classification of legal systems is a normative element of the legal system, including law, legal principles, sources of law, legal system, legislation, legal techniques. But this criterion can be applied in one and the same type of civilizations. In accordance with the criterion of the country of the Western type, can be divided into two large families: the Romano-Germanic and Anglo-Saxon. It should be noted that globalization processes in the modern world lead to the convergence of legal families. In particular this applies to the RomanoGermanic and Anglo-Saxon legal families, between which there is a gradual disappearance of the traditional differences
211 kb

GENERAL FEATURES OF ROMANICGERMANIC LEGAL FAMILY, LEGAL SYSTEMS OF SCANDINAVIAL COUNTRIES AS A SPECIFIC TYPE OF ROMANICGERMANIC FAMILY

abstract 1111507009 issue 111 pp. 151 – 172 30.09.2015 ru 1553
In the article we examine Roman-Germanic legal family. Sometimes this legal family is called the family of continental legal systems, which underlines the fundamental difference of RomanGermanic law, which arose on the European continent, from common law, arising also in Europe (in England), but outside of that continent. The legal family is called family civil rights arising from the Latin term "civil law" or "civil jus", meaning the use of Roman law for only Roman citizens or "cives". In this case, the article shows the huge impact of Roman law on the law of continental Europe. Roman-Germanic legal family is the most common in the world. It includes the countries of continental Europe, Latin America and many other countries. In such a vast country we can allocate appropriate legal panel involving certain national legal systems that have similar features. Such legal groups, the author classifies: Roman; Germanic; the legal group of the Scandinavian countries; the legal group of the Eastern European countries; the legal group of countries of Latin America and Africa. Among them, we can highlight the legal group of the Scandinavian countries, which has its own specifics. The article discusses a feature of the legal systems of the countries of Scandinavia
210 kb

ORIGIN AND DEVELOPMENT OF THE MUSLIM LAW AND ITS MAIN SOURCES, INFLUENCE OF WESTERNIZATION ON LEGAL SYSTEMS OF MUSLIM COUNTRIES AND ISLAMIZATION OF ROMANGERMANIC AND ANGLO-SAXON LEGAL FAMILIES

abstract 1111507010 issue 111 pp. 173 – 191 30.09.2015 ru 1165
The article discusses the Genesis of Islam and its role in the development of Muslim law family, highlights the main sources of Muslim law legal families. It is noted an important role of standards in Islamic law developed by the theologians of the activities in the process of interpretation in filling gaps in the law. All this has led to the emergence of different schools or sects, which contributed to the creation of many ideologically warring with each other Muslim sects. The followers of these movements convince their supporters that the rest courses are false. The article notes that currently, in general, the Muslim law has not lost its position. Modern Islamic community of the world has about a billion and a half followers. The Muslim law has not only maintained its position, but also extends its sphere of influence. Islam – the youngest world religion - enters the countries whose people earlier professed Christianity, Hinduism, Buddhism, etc., the Followers of Islam, moving to other countries, almost do not assimilate. So, the Islamic community in Europe is practically not subjected to European influence. Some of the legal institutions in a number of non-Muslim countries are subjected to Islamization. In some countries, Islamic law is not considered as legally valid, but it works in fact. This happens in the Muslim enclaves of Europe, it is happening in Russia, particularly in the republics of the North Caucasus
201 kb

GLOBALIZATION AND ITS INFLUENCE ON MODERN RUSSIAN LAW

abstract 1111507011 issue 111 pp. 192 – 211 30.09.2015 ru 1533
The article presents the concept and features of globalization. It is noted that globalization is a historical phenomenon. It is prepared by history as the result of a long process. This process is valid for the mankind throughout its history, occurring in different forms, scales, with varying degrees of intensity. It is emphasized that modern globalization was prepared by many phenomena of history, which are divided into positive and negative. Positive associated with the natural expansion of the boundaries of the world market, strengthening of democracy. Negative – with the predatory actions of transnational corporations, the unipolar world, and as a consequence, often enforced by the introduction of the values and lifestyle of Western democracy around the world. Globalization has an impact on state sovereignty. It is noted that in the context of globalization, the process of voluntary limitation of state sovereignty by mutual agreement with other States, but, at the same time, the process and the empowerment of its sovereignty, because the state has the authority to participate in solving problems that were not in the scope of its sovereignty. Globalization affects the law of all modern countries. Russia is no exception. In Russia, as in other countries, the relationship between national and international law increases, strengthening the position of the international law. This process can be named with the term of "internationalization" in the legal literature. During this process, appropriate forms of internationalization (legal instruments) can be applied: harmonization, unification, reception, implementation and standardization
219 kb

TO THE PROBLEM OF THE NORTH CAUCASUS JOINING RUSSIA. PECULIARITIES OF ORIGIN AND FUNCTIONING OF THE MUSLIM LAW IN THE NORTH CAUCASUS

abstract 1111507012 issue 111 pp. 212 – 235 30.09.2015 ru 976
The article discusses the Genesis of Islam in prerevolutionary Russia and its features in the North Caucasus. One of the features of the adoption of Islam was that this process was delayed by more than a Millennium. Another feature of the adoption and functioning of Islam in the North Caucasus is also the fact that Sharia here, teaming up with local legal customs (ADAT) and then with Russian legislation, creating a unique system of regulating social relations. It covers the process of entering the North Caucasus in the legal space of Russia, it also notes the role of Sharia and ADAT in the legal regulation of social relations in the North Caucasus in the Russian Empire, the Soviet and post-Soviet Russia. Taking into account historical experience, it can be assumed that the inclusion of certain provisions and principles of Islamic law and ADAT in the Russian legal system – the likely future development of legislation of a number of republics of the Russian Federation, in particular in the North Caucasus. It is noted that Islam in general is on the side of law-obedience and loyalty to authority, willing to respect share his or her values. Therefore, the introduction into the consciousness of the Russian Muslims the true values of Islam will contribute to the fight against international terrorism. Pacifist orientation of Muslim religious organizations, debunking Islamist myths, makes them an ally of the state in the fight against terrorism is of considerable interest because it is the peaceful alternative to militant Islamism
154 kb

AN INCORPORATED PERSON AS A CONSUMER IN A CONTRACT OF RETAIL SALES

abstract 1111507022 issue 111 pp. 391 – 404 30.09.2015 ru 1691
In Russian civil legislation the consumer is a citizen who concludes the contract of retail sales for purposes not related to business activities. Incorporated person has no right to conclude a contract of retail sales. Therefore the law on consumer protection is not used for legal entities. The law on consumer protection gives to consumers an opportunity for simplified procedure to challenge acts or omissions of the sellers and protection of their rights. But at the same time the incorporated person may acquire the goods, works and services not for business purposes. In particular, this occurs when incorporated person buys goods for its professional aims, not just for its implementation. The authors think that legislator unreasonably violates the rights of legal entities, because they can not be consumers. The authors justify the possibility and the necessity of recognizing the incorporated person as a consumer in the contract of retail sale, and that will allow spreading the legal norms of consumer protection on them
137 kb

THE NOTION AND LEGAL REGULATION OF E-COMMERCE

abstract 1111507040 issue 111 pp. 708 – 720 30.09.2015 ru 1054
More and more goods are sold by the means of the Internet and other information and telecommunication networks from year to year. Despite the common practice to sale goods on websites, a general idea of ecommerce is not formed in the modern legal science and the current legislation, the notion ‘electronic commerce’ itself is missing. The presence of multiple gaps in the law and the growing number of disputes have served as a reason for writing this article which touches the issue of studying e-commerce as one of the kinds of business activity. The article describes scientific approaches to the definition of the notion ‘electronic commerce’, the problem the e-commerce object is raised, the notion ‘electronic transaction’, general provisions of transactions, performed by the means of information and telecommunication networks, are analyzed. The authors have paid attention to the practice of concluding contracts by the means of Internet resources, have noted the problem of the correlation between the content information posted on the website and the browse-wrap agreement. The authors consider necessary to legalize of the notion ‘electronic commerce’, to determine legislatively its parties and the rules of implementation. Systematization of the provisions on electronic commerce can be realized within the scope of a separate federal law 'On the Rules of Ecommerce.' Such measures will be able not only to bring the current pattern of Russian business nearer to the international standards, but also to raise it to a new level
170 kb

THE REDUCTION OF THE PERIOD OF STAY IN THE CONVICT LABOUR GANGS AND CORRECVTIONAL DEPARTMENTS OF RUSSIAN EMPIRE (ON THE MATERIAL OF THE CRIMEA)

abstract 1111507041 issue 111 pp. 721 – 736 30.09.2015 ru 1020
The reduction of the period of incarceration and early release from the convict labor gangs of civil authorities were a common practice for these places of detention, provided by a number of legal acts: the decree of 1834 "On determining the period of stay the vagrants in convict labor gangs of civil authorities in Novorossiysk region", 22 October 1836: "On the age of criminals, awarded, instead of referring to the settlement, to return in the military service", the regulation on 15 August 1845 “On the correctional convict labor gangs of civil authorities, decrees April 17, 1863 "On some changes in the present system of criminal and correction penalties", October 19, 1863"On temporary measures to cleanse of convict labor gangs of civil authorities from the accumulated therein prisoners, "13 May 1866 "On the reduction of the time of detention of arrestees in convict labor gang of civil authorities". Also it was continued the refinement of operating regulations for reduction of the period of incarceration in 1880. So, MPM in January 11 sent to the governor an explanation №302 "On the procedure of reduction of the time of detention for arrestees of correctional departments." It contained a clarification and explanation of the application of the provisions of the May 13, 1866.In May 15, 1880 to Tauride governor was sent another circular "On abolition of deportation to Siberia without the content in correctional departmentsof certain categories of prisoners." The main condition in most cases peaked good behavior and hard work of the prisoner. The decision was made by the head of the department and submitted to the trustees committees for final decision. The reduction of the prison term used as an exceptional measure to reduce the contingent of places of detention
133 kb

LEGAL REGULATION AND SCIENTIFIC APPROACHES TO THE CONCEPT OF “SANCTIONS”

abstract 1111507050 issue 111 pp. 861 – 872 30.09.2015 ru 1096
This article discusses the concept of "sanctions" in constitutional and international law, as it is controversial and debatable. The media and prominent politicians now often use the term "sanctions", it is connected to the Crimea to Russia, and a mixed assessment of the event foreign countries (countries of the European Union, Japan, Switzerland) and international organizations (the Council of Europe, NATO). The author explores different perspectives reveals several scientific approaches to the concept of "authorization". Theoretical aspects of the work were discussed in close connection with the practice, namely, analysis of the process of joining of Crimea to Russia from the point of view of international law and Russian legislation in this regard, the validity of the application of sanctions against the Russian Federation. We were also paying attention to types of sanctions. The article analyzes the comprehensive and targeted sanctions, their distinctive features and the need to use the "mirror" of sanctions for the Russian Federation. Particular attention is paid to the legal regulation of sanctions in international and Russian law. It is noted that in the Russian Federation, legislative regulation of the sanctions received only in the economic sphere. The author highlights some trends in the development of existing legislation in the field of sanctions
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