Scientific Journal of KubSAU

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

A FARM UNINCORPORATED AS A SUBJECT OF TRADING RELATIONS

abstract 1311707028 issue 131 pp. 288 – 300 29.09.2017 ru 1
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
132 kb

SOME ELEMENTS OF CRIMINALISTIC FEATURES OF FRAUD IN INSURANCE

abstract 1311707054 issue 131 pp. 632 – 643 29.09.2017 ru 1
The article describes the criminalistic features of fraud in insurance. Particular attention is paid to the basic elements, such as the ways of committing fraud, the study of social and psychological portrait of a criminal, the circumstances of the crime, the mechanism of the crime and other elements. The article reveals different types of performances applied for committing fraud in insurance. Special attention is paid to the most common traces of crime in insurance. Material traces are found in a wide variety of documents: insurance contracts, insurance policies, medical records, the findings of evaluation expertise, the certificates issued by the law enforcement agencies, acts of car repair shops, acts of firefighters, etc. The article traces the material except the author gives the concept of ideal traces that remain in the minds of all victims and witnesses. The author presents a classification of fraud in insurance according to various reasons: depending on the degree of organization of the fraud and the status of persons who commit fraud. The results of the author’s research covered in this article relate to preliminary verification of the crime in insurance. The article considers different situations requiring inspection for detecting criminal activities in insurance
145 kb

ABOUT CRIMINALISTIC CLASSIFICATION OF THE CRIMES AGAINST FAMILY AND MINORS

abstract 1311707069 issue 131 pp. 820 – 831 29.09.2017 ru 0
The article describes the main problems of criminalistic classification of crimes against family and minors. There were investigated the characteristics of criminal law and criminal nature, which is the basis for the classification
202 kb

SEARCHING ACTIVITIES OF UNITS ENGAGED IN OPERATIONAL INVESTIGATIVE ACTIVITIES ON DETERMINATION AND DETECTION OF MURDERS COMMITTED BY AN ORGANIZED GROUP

abstract 1311707094 issue 131 pp. 1120 – 1140 29.09.2017 ru 0
The authors of the article consider legal organizational and tactical issues related to the search activities of operative-search units for the determination and detection of murders committed by an organized group. The authors compared certain provisions and norms of the Constitution of the Russian Federation, criminal law, criminal procedural law, Federal Laws regulating operative-search activities, searching activity in particular, some issues of obtaining information from confidential sources. Particularly, the authors consider the preparation, commission and concealment of murders committed by an organized group, and come to the conclusion that they are distinguished by careful planning, thoughtful execution and distribution of roles between accomplices. Detection and investigation of such cases are often really difficult due to their non-obvious conditions and concealment of traces of crime by criminals and counteraction to investigation. Therefore, the timely identification of persons involved in commitment of a murder mainly depends on capabilities of units carrying out operational search activities wisely used by an investigator
143 kb

MPROVING THE TRAINING OF STATE AND MUNICIPAL EMPLOYEES

abstract 1311707107 issue 131 pp. 1289 – 1300 29.09.2017 ru 2
The article analyzes the stages of formation of Institute of state and municipal service in the Russian state. The analysis of the problems has identified in the process of implementation of this institution and the direct correlation of the level of professional training of employees and quality of the implementing service. We consequently suggest ways to improve the training of state and municipal employees
103 kb

ORGANIZATION IN THE STRUCTURE OF THE METHODOLOGY OF INVESTIGATION OF CRIMES AGAINST FAMILY AND MINORS

abstract 1301706029 issue 130 pp. 389 – 394 30.06.2017 ru 115
The article briefly describes the completeness of the organization of the investigation and its relevance to forensic techniques. The peculiarities of the structure of the technique of investigation of crimes against family and minors were examined
142 kb

THE ABUSE OF RIGHTS WHILE TRANSFERRING REAL ESTATE

abstract 1301706033 issue 130 pp. 447 – 458 30.06.2017 ru 126
The article is devoted to one of the most disputable categories of jurisprudence – to abuse by the right. The law does not allow the exercise of civil rights with the intent to harm another person, as well as abuse of rights in any form, including in the form of circumvention of the law. The author regards as the already known issues with the application of the principle of the inadmissibility of abuse of the right, so new in connection with the amendments to the Civil code of the Russian Federation. The amendments to the article on the abuse of rights were caused by the current practice. However, there remains a question about how well these novels are being implemented. This article examines the question of the application of the principle of prohibition of abuse of rights in proprietary relations. Statistics show that the judges started to apply Art. 10 ten times more often in proprietary relations. Still, this situation is inextricably intertwined with the risk of judicial discretion. The article also investigated the correlation of the subjective rights of a bona fide owner and a bona fide purchaser of real estate. Based on the conducted research the author proposes the notion of abuse of right in property relations. It is concluded that a proper understanding of the categories of "bona fide owner" and "bona fide purchaser" is the main factors in the resolution of a number of practical issues
191 kb

DISTINCTIVE FEATURES OF CRIMINAL INCOME LEGALIZATION (LAUNDERING) IN THE RUSSIAN EMPIRE (LATE XIX-EARLY XX CENTURIES)

abstract 1301706038 issue 130 pp. 510 – 526 30.06.2017 ru 101
In the article, we analyze the measures that the lawenforcement authorities of Tsarist Russia undertook against the process of bringing the criminal income into the economy of the country and using it for the extremist and terrorist activities. The fact that the amount of illegal incomes in Russia in the late XIX century and the beginning of the XX century increased massively, and these incomes were used in the social and political life in quite a peculiar way, confirms the idea that in the democratizing society undergoing a number of social reforms many political organizations recourse to searching for and forming illegal sources of financial incomes and further money laundering to support their activities. The increase in crime, especially in the economic sphere, strains social relations, instigates different organizations and movements struggling for power to receive financing from criminal sources. In their turn, the organizations and movements use the criminal incomes for the political struggle, masking it behind noble causes. Criminal associations arising against the national backdrop manipulate the political, cross-national and other kinds of contradictions, existing in international and interstate relations. With the aim of laundering the “shadow” funds and in defiance of the national interests, they use the services of foreign banks and special agencies of antagonistic countries
348 kb

STRONG LEADER – THE KEY TO A STABLE AND STRONG POWER

abstract 1301706089 issue 130 pp. 1226 – 1235 30.06.2017 ru 37
In the work we present the analysis of influence of the personal qualities of the head of state on methods of implementation of state policy on developments in domestic and foreign policy, the image and the position of the state in the international arena
424 kb

TO THE QUESTION OF CRIMINALISTIC CHARACTERISTICS OF CRIMES COMMITTED BY REPRESENTATIVES OF LOCAL SELF-GOVERNMENT BODIES

abstract 1301706091 issue 130 pp. 1249 – 1263 30.06.2017 ru 30
The article examines the elements of criminalistic characteristics of crimes committed by representatives of local self-government bodies on the basis of investigative practice studies. The methods of committing crimes have been revealed. There are some recommendations and a list of circumstances related to the situation of crimes committed by representatives of local self-government bodies
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