Scientific Journal of KubSAU

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

LEGAL BASIS FOR SEARCH ACTIVITIES OF THE UNITS ENGAGED IN OPERATIONAL INVESTIGATIVE ACTIVITIES

abstract 1171603013 issue 117 pp. 237 – 253 31.03.2016 ru 738
The authors of the article consider legal organizational and tactical issues of operational investigative activities in the course of search. The authors compare some items and norms of Russian Constitution, Criminal Law, Criminal Procedure Law, Federal Laws governing the operational-search activity, in particular search activity, some sources of information, such as confidential. In particular, the authors examine the legal basis of the internal affairs agencies in the fight against crime as a science-based system of legal norms contained in the laws and bylaws that create the legal preconditions, as well as the conditions and procedure for carrying out operative search actions, either directly regulating the legal organizational and tactical questions of application of operational investigative forces, means, methods and forms in the fight against crime. Thus, the authors believe that the search activities of the units engaged in operational investigative activities of the police, as an organizational and tactical form (or part of) the operational-search activity of law enforcement bodies as a whole, it has a single legal framework that operational search activity in general
142 kb

LEGAL REGULATION AND PRACTICE OF ELECTRONIC VOTING IN FOREIGN COUNTRIES

abstract 1171603017 issue 117 pp. 305 – 317 31.03.2016 ru 542
The article is devoted to the problems of legal regulation of electronic voting an e-democracy in foreign countries. The possibility of informationalcommunication technologies introduction into the voting process is studied. In the absence of a unified approach to the understanding of the legal nature of edemocratic processes, the authors give the special attention to the analysis of state policy in the sphere of the e-democracy improvement. There were considered the systems of electronic voting system which were used in elections in Estonia, Germany, Austria, UK, Switzerland and Finland. There were analyzed the practice of Internet-voting as a prototype of electronic democracy and problems of identification of voters, calculation of votes, ensuring of secrecy of the ballot. There were marked means the use of electronic voting as positive sides and considerable risks connected with the possibility of interference into the system of electors’ votes and complexity of securing of control of procedure of electronic voting. Authors make conclusions on possibility of the use of positive foreign experience of distant voting during the elections in Russia and on the necessity of working out of legal claims to informational space and given information to increase its quality and credibility
179 kb

THE BARTER AGREEMENT IN THE CIVIL CODE: HISTORY OF ITS APPEARING AND DEVELOPMENT IN RUSSIA

abstract 1171603035 issue 117 pp. 566 – 583 31.03.2016 ru 652
In the article, legal norms of barter agreement are exposed to the detailed analysis. They were fixed earlier in the Civil Codes of RSFSR 1922 and 1964. The authors analyze the modern legal adjusting of barter agreement in the operating Civil Code of the Russian Federation. Characterizing signs of barter agreements are investigated and they allow distinguishing it from a bargain and sale. It is marked that the barter agreement got the detailed regulation of relations only in the operating Civil Code of the Russian Federation. The purview of norms about the agreement of barter broadened in course of time. That was taken into account by a legislator. A modern legislation regulates the features of relations arising up in connection with execution and conclusion of treaty of barter. Earlier operating legislative acts did not take into consideration many questions, related to the relations of barter, arising up in practice. Soviet scientists examined some questions that were and remain now without adjusting or require a specification from a legislator. For example, concerning Civil Codes of RSFSR 1922 and 1964, the imperfection of legal determination of agreement of barter was marked. This decision did not take into account that commodities were passed in property of another side. Modern legislator names it a "commodity the object of the barter agreements. In the same time in practice there is a lot of questions about possibility of applying property rights to the object of the barter agreement. Other critical remarks about the rules of the barter agreement in the civil legislation of RSFSR and the Russian Federation were done by the author in the article
141 kb

TO THE PROBLEM OF CADASTRAL WORKS IMPROVEMENT, STOCKTAKING OF REAL ESTATE AND REGISTRATION OF THE RIGHTS

abstract 1171603057 issue 117 pp. 889 – 901 31.03.2016 ru 581
The present article is devoted to the problems of improvement of authority of state property cadastre, registration of rights on real estate and bargains with it. The changes introduced by the Federal Law from 13.07.2015 # 218-FL “On state registration of real estate” are conditioned by the urge of a legislator towards the increase of quality of state services in the sphere of state cadastre stocktaking of property and state registration on it and as well as minimization of mistakes containing in data of state cadastre of real estate and united state register of rights to replenish budgets of all levels at the expense of increase of taxing base and to stimulate the economic growth of the country. To the view of authors, the normative base of land, civil and other special legislation demands the further improvement that testifies the urgency of present problem. The authors carried out the analysis of modern legislation, there were revealed the problematic moments of realization of special regulations of the Law on registration of real estate and other subordinate regulatory acts, there were introduced the offers on their elimination, and as well as there were cited the prospects of legislation development in the sphere of land-property relations
148 kb

ABOUT THE CATEGORY OF “LEGITIMATE INTEREST” IN CRIMINAL PROCEEDINGS

abstract 1171603074 issue 117 pp. 1139 – 1151 31.03.2016 ru 709
The article investigates the concept and the content of a legitimate interest in criminal proceedings. The author concludes about the necessity of inclusion the additional structural element, legitimate interests of parties of criminal proceedings in the criminalprocedural relationships. The author’s definition of the legitimate interests of some parties of the criminal process is tabled for discussion. Different points of view of legal scholars on the subject are analyzed in this article. The article discusses special features of occurrence of legitimate interests in terms of pretrial agreement undertaking on cooperation with suspected or accused party
117 kb

TECHNOLOGY AND ORGANIZATION OF SOCIO-CULTURAL ANIMATION FOR EDUCATION COLLECTIVISM IN CHILDREN AND ADOLESCENTS

abstract 1171603005 issue 117 pp. 122 – 129 31.03.2016 ru 677
Collectivism is defined as a moral quality that manifests itself in the sense of camaraderie, of community responsibilities before him, the ability to subordinate personal interests, if necessary by public. This indicates that the processes of development of the individual and the collective are inextricably linked to each other. The development of the individual depends on the development team, its level of development, the existing structure it business and interpersonal relationships. On the other hand, the activity of children and adolescents, their level of physical and mental development of their capabilities and the ability to determine the strength and impact of educational staff. Ultimately, the collective attitude expressed by the brighter, the more active team members, the more completely they use their individual abilities in the collective life. But their abilities and inclinations individual child may use and disclose in the sociocultural animation, where all activities and is aimed at this. Focus on individuality, free environment, the discovery and the development of personal qualities and skills, the formation of outlook implies a sociocultural animation. The article discusses the technology and the organization of socio-cultural animation, which has a specific purpose - education of collectivism in children and adolescents. Building animation programs, preparatory work, the most important task, and more used to create "animation product"
157 kb

MODERN PEDAGOGICAL TECHNOLOGIES AS INNOVATIVE TOOLS FOR INCREASING THE EFFICIENCY OF EDUCATIONAL PROCESS

abstract 1171603006 issue 117 pp. 130 – 142 31.03.2016 ru 594
The need for rapid informatization of the sphere of education in Russia it is one of the important areas of the reform. Through the use of modern pedagogical technology (MPT) it is possible to implement new opportunities of learning and skills to a broad contingent of students. These circumstances predetermine the high relevance and importance of scientific topics of this article. In the article the authors show the prospect of the transition from reproductive to creative models of organization of educational process on the basis of the opportunities MPT. If the first model was characterized by personal contact with trained teachers, for the second model in the process of «transmission» of knowledge we actively involved creativity trainees. In addition, the article indicated the place and role of electronic educational resources (EER) as part of the MPT, and the results of the comparative analysis of new and traditional technologies for the development of EER. It is proved that the introduction of the EER within the MPT in the educational process contributes to its efficiency and radically changes the interaction of the leading teachers of universities with an enrollment
182 kb

THEORETICAL AND METHODOLOGICAL BASES OF THE ORGANIZATION OF PROFESSIONAL EDUCATION SOFTWARE FORMATION OF THE VALUABLE RELATION TO WORK AT AGRICULTURAL UNIVERSITY STUDENTS

abstract 1171603028 issue 117 pp. 456 – 474 31.03.2016 ru 495
This article analyzes the theoretical and practical ways of formation of the valuable relation of the agricultural high school students for future professional activities and agricultural work. We consider the philosophical and pedagogical problem of education and socialization of students in the educational process, the analysis of the forms, methods and techniques of work on the formation of the valuable relation of students to the farmers of the future professional activity
160 kb

THE METHODS OF ASSESSING THE QUALITY OF KNOWLEDGE AND LABOR POTENTIAL OF UNIVERSITY GRADUATES

abstract 1171603047 issue 117 pp. 726 – 738 31.03.2016 ru 307
Key indicators for employers are the quality of knowledge of graduates and their readiness for practice. The article suggests some methods of assessing the quality of knowledge and labor potential of graduates. Because the quality of training generally depends on the qualification of the faculty, the quality of students' knowledge is to be determined with the results of their learning and the qualification of the teachers who conducted their classes and supervised their final qualifying works. The author's analytical expressions for determining the quality of knowledge and labor potential of graduates, allow employers to choose specialists particularly required for their industry. However, for employers the rate of knowledge and labor potential of graduates of universities are indicative rates. In order to determine the choice of specific graduates, on the University's website starting from the 3rd year of a bachelor degree, we should post the information about the rating of individual students on educational and labor activity. The ratios determine the quality of knowledge of graduates and their labor potential, as well as reviews of employers should be the main indicators for the Ministry of education and science of the Russian Federation, on the basis of which we may assess the effectiveness of the universities, determine their ranking and generate a state order for training of specialists in higher education institutions
202 kb

METHOD OF FORMING AND ASSESSMENT OF READINESS OF SEAMEN TO COUNTER PIRATES AND TERRORISTS AT SEA

abstract 1171603049 issue 117 pp. 759 – 772 31.03.2016 ru 512
Every year pirates attack hundreds of ships and thousands of sailors. So, by the end of 2014 violent actions of the pirates have undergone more than 5,000 sailors. In 2015, the pirates attacked 246 vessels they had captured 15 ships and 271 of a sailor. While one sailor was killed and 14 wounded. The economic damage from pirates was tens of billions of dollars. For these reasons, the fight against piracy and Maritime terrorism becomes a major concern of the world community. In today's complex for a variety of reasons conditions, convoy of transport ships warships for the passage of areas endangered by pirates is considered the most effective and reliable means of coping with the corsairs of the XXI century, precluding the capture of the ship and its crew. At the same time, the training of personnel to solve specific problems impeding reoperate requires performing the whole complex of preparatory measures, including psychological and physical training of sailors for the upcoming action of a dangerous nature. The article reveals the content of the methodology of forming and evaluating the readiness of military seamen to counter pirates and terrorists at sea represents a set of methods, forms and means of pedagogical influence with the purpose of providing soldiers pedagogical assistance in the development of military-professional activities, standards of behavior and support in preparation for military service in the areas endangered by pirates; the development of military-professional competence; the full realization of personal potential of specialist fleet
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