Scientific Journal of KubSAU

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

PLUNDER OF REAL ESTATE OR BUYING REAL ESTATE: QUESTIONS OF THE THEORY AND PRACTICE

abstract 1321708006 issue 132 pp. 45 – 57 31.10.2017 ru 0
The authors consider the issue of qualification of unlawful treatment of property in favor of the perpetrator – as plunder or buying another's property. Also, in the article we highlight the enforcement practice in relation to the identified problems at the level of the Krasnodar region
153 kb

ABOUT CRIMINAL LIABILITY FOR THE CRIMES CONNECTED WITH EXTREMIST ACTIVITY

abstract 1321708010 issue 132 pp. 104 – 116 31.10.2017 ru 0
The article deals with criminal liability for crimes related to extremist activity. Different points of view regarding the classification of extremist crimes are analyzed. Particular attention was paid to the consideration of the judicial-investigative practice concerning the application of criminal responsibility for the commission of this type of crime. The authors formulated proposals for improving the current criminal legislation in the field of combating extremism
120 kb

TO THE NEED OF INCREASING THE LEVEL OF PROFESSIONAL TRAINING OF EXPERTS IN THE CONTEXT OF DIFFERENTIATION AND INTEGRATION OF SCIENTIFIC KNOWLEDGES

abstract 1321708025 issue 132 pp. 316 – 323 31.10.2017 ru 0
The author in this article points out that, in the current conditions of the development of scientific and technical means, differentiation of individual expert studies into independent types or subspecies of forensic examinations is observed. Mutual penetration of special knowledge and solving related issues by attracting specialists from various fields leads to the integration of scientific knowledge. In such conditions, the guarantee of professional expert research is the specialization of the forensic expert on specific types of forensic examinations and the continuous improvement of his qualification in a particular specialty in accordance with the development of scientific and methodological achievements in this field. To achieve this goal, the EFU system of the Ministry of Internal Affairs of Russia currently provides the following: 1) training in higher educational institutions of the Ministry of the Interior of Russia on the specialty "Forensic examination"; 2) an internship, which takes place under the supervision of a mentor with subsequent certification for the right to self-produce expert examinations. However, despite this, the EFU of the Ministry of Internal Affairs system has a number of problems, caused by the following reasons: a reduction in the number of staff members of the EFU associated with the overall reorganization of MIA. 2) increase and differentiation of the workload of staff members in managerial and expert positions due to an increase in the number of databases of forensic accounts and the emergence of an additional burden. 3) weak material and technical support for territorial EFU. These problems, in the opinion of the author, are common to the whole system of the Ministry of Internal Affairs of the Russian Federation and require their solution by improving the quality of work of staff members and taking organizational and financial measures
159 kb

ARTIFICIAL PLOTS OF LAND UNDER INTERNATIONAL LAW: THE UNITED NATIONS CONVENTION ON THE LAW OF THE SEA

abstract 1321708030 issue 132 pp. 376 – 390 31.10.2017 ru 0
The article is about legal status of artificial plots of land in International law. The authors briefly tell about the history of development of modern international maritime law. Then the authors analyze United Nations Convention’s 1982 on The Law of The Sea norms about legal status of artificial plots of lands situated in different regions of marine space: in the territorial sea, the contiguous zone, on the continental shelf, in the exclusive economic zone, on the high seas. The convention includes terms of the same nature, for example, artificial island, installations, structures, devices and constructions. The term «constructions» is collective for all objects, that was made by people in the maritime space. At the same time, the Convention divides some kinds of artificial things. In addition, the article is about State Sovereignty issues of artificial objects, which are placed in the maritime space. The authors established some parallels between International law rules and Russian law rules, which govern the legal status of artificial plots of land
129 kb

WAY OF COMMISSION OF CRIME AS THE BASIC ELEMENT OF CRIMINALISTIC CHARACTERISTICS OF A CRIME UNDER ARTICLE 199.1 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION

abstract 1321708033 issue 132 pp. 425 – 434 31.10.2017 ru 0
The article discusses one of the central elements of criminalistic characteristics of crimes in the sphere of non-fulfilment of duties of a tax agent – the method of committing a crime. Given its definition, structure, classification of methods, and general characteristics with example from the practice of investigation of such offences
155 kb

THE PRINCIPLES OF STATE AND MUNICIPAL SERVICE

abstract 1321708062 issue 132 pp. 772 – 785 31.10.2017 ru 0
The article considers the ratio of the fundamental principles of the state and municipal services at the present stage of development of the state. It shows the problem concerning the possibility of expanding the list of these principles in the Federal laws and their harmonization
146 kb

ORGANIZATIONAL AND TACTICAL FEATURES OF THE AIRCRAFT ACCIDENT SITE EXAMINATION

abstract 1321708065 issue 132 pp. 818 – 830 31.10.2017 ru 0
This article discusses the organizational and tactical features of the aircraft accident site examination. For successful solution of the problems which the investigator faces: for a quick and thorough crime detection, exposure of guilty persons and their fair sentencing, the investigator should clearly understand what circumstances are to be ascertained and proved in a particular case. The aircraft accident site examination is primary and necessary investigative activity. Success of the investigation of aircraft accidents, which are often accompanied by human deaths, depends on the efficient accident site examination. Very often, seemingly identical situations are generated by different causes and require an individual approach. To choose the best way of discovering past events the investigator should consider the organizational and tactical features in the course of crime scene examination. To carry out the efficient accident site examination, experts in the field of aeronautical engineering, a forensic expert or a doctor as well as a specialist of forensic units for the production of photo and video at the crash site should be involved. It is necessary to fix and remove the traces and other evidence, and the obtained data must be recorded in the accident site examination report
131 kb

LEGAL BASIS FOR THE USE OF TECHNICAL MEANS IN INVESTIGATION OF CRIMES: CRIMINAL PROCEDURAL AND CRIMINALISTIC ASPECTS

abstract 1321708104 issue 132 pp. 1301 – 1309 31.10.2017 ru 0
The author of the article analyzes the opinions of criminal scientists in the legal literature regarding technical and criminalistic support for the detection and investigation of crimes. The content of the given scientific article allows us to rethink the current state of the use of technical and criminalistic and other means in criminal proceedings. The author's revised definition of the concept of technical means used to collect, verify (study) and evaluate evidence in criminal proceedings is proposed
208 kb

ACTIVITY OF THE HEAD OF INVESTIGATION OFFICE IN REGARD WITH THE FUNCTIONING OF AN INVESTIGATION OPERATIONAL CROUP

abstract 1321708115 issue 132 pp. 1401 – 1418 31.10.2017 ru 0
An analysis of the provisions of the Criminal Procedure Code and other regulatory legal acts relating to the investigation and operational investigation team activity shows that the head of the investigative and operational group exercises, among others, the organizational and managerial function. Consequently, these powers are not limited to procedural functions alone. In the proposed article, the author examines what these functions are and how they influence the procedure for investigating crimes
161 kb

A FARM UNINCORPORATED AS A SUBJECT OF TRADING RELATIONS

abstract 1311707028 issue 131 pp. 288 – 300 29.09.2017 ru 92
The article touches upon the question of the legal personality of farm unincorporated as a whole and in trading relations. The author gives scientific concepts concerning the recognition / non-recognition of farm unincorporated as a subject of law. Most scientists believe that the farm unincorporated does not subjects of law. Proponents of this view consider the farm unincorporated as a multiplicity of persons, or as a kind of special partnerships. The author thinks that these points of view are questionable. The author joins the persons who think that the farm unincorporated is a special subject of law. The author understands the trading relations as a cross-industry category. Therefore, the author concludes that the farm unincorporated is the subject of the trade relationship. This is because the farm unincorporated is not a subject of civil law, but it is a subject of other branches of law (for example, land law and labor law). Therefore, a farm unincorporated can be the subject of trading relations
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