Scientific Journal of KubSAU

Polythematic online scientific journal
of Kuban State Agrarian University
ISSN 1990-4665
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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 38
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 43
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 35
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 13
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 12
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
156 kb

IMPLEMENTATION BY SUBJECTS USE OF SPECIAL KNOWLEDGE OF ITS AUTHORITY DEFINITION OF SIZE, PROPERTY HAZARDS, CAUSED BY THE CRIME

abstract 1291705002 issue 129 pp. 23 – 36 31.05.2017 ru 9
The article reveals the peculiarities of the use by the subjects of special knowledge (inquirer, investigator, inquiry body) of their powers in determining the amount of property damage caused by the crime. The authors compare the possibilities of criminal and procedural actions in assessing this type of damage.
162 kb

FEATURES OF HONOR, DIGNITY AND BUSINESS REPUTATION OF THE COSSACKS OF THE KUBAN COSSACKS ARMY AS OBJECTS OF THE CIVIL PROTECTION LEGAL RELATIONSHIP ON THEIR JUDICIAL PROTECTION FROM DEFAMATION

abstract 1291705036 issue 129 pp. 419 – 430 31.05.2017 ru 10
Currently, with the support of the Krasnodar region administration, the task of returning the Cossack way of life in the territory of Kuban is being solved. In these conditions, features of honor, dignity and business reputation of Cossacks of the Kuban Cossack army as objects of the civil protection legal relationship on their judicial protection from defamation, considered in the article, become very relevant. It is suggested in defamatory litigation to leave the stereotyped, based on the same for all understanding of these immaterial benefits, to take into account their characteristics for the different groups of population, including Cossacks of the Kuban Cossack army
188 kb

CRIMINAL RESPONSIBILITY OF PERSONS WHO HAVE COMMITTED CRIMES IN THE STATE OF INTOXICATION

abstract 1291705050 issue 129 pp. 670 – 688 31.05.2017 ru 10
The article analyses the criminal legislation in the application of such circumstance aggravating punishment as crime in a state of intoxication. Different points of view on a concept of state of intoxication and its value for qualification of crimes and criminal liability are considered. It is emphasized that now the legislator establishes the rule according to which the person who commits a crime in a state of intoxication caused by alcohol, drugs, psychotropic substances or their analogs, new potentially dangerous psychoactive substances or other intoxicating substances is held to criminal liability on general basis. In the article, we describe foreign criminal laws concerning rules of sentencing a person who committed a crime in state of intoxication. The authors paid special attention to consideration of court practice of application of this circumstance aggravating punishment. The authors illustrate the lack of uniformity in approach of judicial authorities to application of this circumstance. The authors formulated the proposals for improving the existing criminal legislation. In addition, the authors point to the need for the Resolution of the Plenum of the Supreme Court of the Russian Federation, which would explain in detail the accounting rules of state of intoxication at criminal sentencing
204 kb

METHODS FOR FIGHTING CORRUPTION IN RUSSIA

abstract 1291705057 issue 129 pp. 782 – 793 31.05.2017 ru 12
The article is devoted to such problem in modern Russia as corruption. The authors emphasize the degree of corruption of public authorities. It also provides public opinion polls and statistics, through which it is possible to carry out parallel comparison with previous years, as well as find out the causes and ways of combating corruption. According to the authors, fighting corruption comprehensively is urgent, using a package of measures. However, the most urgent measure seems tougher sanction measures for corruption crimes. Yet, the authors conclude that the fight against corruption is a very complex phenomenon
149 kb

DIFFERETIATION OF ADMINISTRATIVE OFFENSES AND CRIMES

abstract 1291705062 issue 129 pp. 866 – 877 31.05.2017 ru 20
The article considers the issue of correlation of criminal and administrative responsibility. There are various points on the vision of this problem. The main legal gaps that prevent the delineation of an administrative offense and a crime are revealed
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