Scientific Journal of KubSAU

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

PROBLEMS OF NOTIFYING THE OFFENDER ABOUT THE PLACE AND THE TIME OF DRAWING UP A PROTOCOL ON ADMINISTRATIVE VIOLATION

abstract 1341710009 issue 134 pp. 115 – 124 29.12.2017 ru 86
This article is devoted to the study of problematic issues related to notification of the person brought to administrative responsibility, the place and the time of the drawing up of a protocol. Lack of proper regulatory legal regulation of the order of call of this participant in the process gives rise to ambiguous law enforcement practice. Non-recognition of the notice as appropriate leads to a decision to terminate the proceedings in the case of an administrative offense and, as a consequence, to the removal of the offender from punishment. The article analyzes various ways to notify people, the authors emphasize the merits and demerits of these methods. The conclusion of the article suggests ways of improving the legislation regulating the procedure for notifying persons about the need for presence to draw up a protocol
134 kb

THEORETICAL APPROACHES TO THE DEFINITION OF LEGAL CAPACITY IN CIVIL LAW OF RUSSIA AND FOREIGN COUNTRIES

abstract 1341710023 issue 134 pp. 273 – 282 29.12.2017 ru 124
The article is devoted to the analysis of the concept of legal capacity, which is one of the fundamental concepts in the science of civil law. The authors have covered approaches to the disclosure of this concept in the legal systems of foreign countries. The common features inherent in all considered variants of interpretation were revealed. Legal capacity is a sufficient criterion for establishing the fact of the legal existence of a legal entity. In accordance with Art. 17 of the Civil Code of the Russian Federation, legal capacity is the ability of an individual to have rights and bear responsibilities. The emergence of the legal capacity of an individual is determined by the moment of his birth (clause 2 of Article 17 of the Civil Code of the Russian Federation). Accordingly, the termination of legal capacity is determined by the moment of biological death (clause 2 of Article 17 of the Civil Code of the Russian Federation), since the subject of law no longer exists. If the person has been declared dead, but in fact is alive, this does not detract from his legal capacity, he automatically continues to use his legal capacity, respectively to enjoy the full range of rights and bear the responsibilities. In the scientific literature, both passive and active legal capacity are distinguished. The authors study different approaches, shows the lack of a common understanding of legal capacity, but all analyzed doctrinal approaches have a common feature - all reflections concern a certain person, his rights and duties. The authors concluded that the key component of legal capacity is the ability to be a subject of statutory rights and obligations
121 kb

ACTUAL PROBLEMS OF COUNTERACTION TO REHABILITATION OF NAZISM

abstract 1341710024 issue 134 pp. 283 – 290 29.12.2017 ru 91
The article considers the problems of addressing and grounds of criminal responsibility for the rehabilitation of Nazism, the concept and methods of committing this crime. This article uses various opinions of scientists-lawyers of Russia on the rehabilitation of Nazism, such as: S. V. Rozenko, A. A. Turysheva, M. L. Prokhorova and gives an opinion on the need to implement the article 354 (1) of the criminal code of the Russian Federation fully and the Federal law from 13.03.95, №32-FZ "About days of military glory and anniversaries of Russia"
133 kb

ISSUES OF THE LEGALITY OF OPERATION AND SEARCH ACTIVITIES AND PREVENTION OF PROVOCATION IN THE CASES ABOUT BRIBERY

abstract 1341710062 issue 134 pp. 771 – 781 29.12.2017 ru 23
The article deals with the use of methods of operativeinvestigative activities in cases of bribery, inadmissibility of provocation by certain employees of operational units of law enforcement bodies against persons being developed in operational accounting cases. At the same time, the main attention is paid to strict observance of the criminal procedural legislation in the fight against this type of criminal activity; some problems associated with imperfection of the regulatory legal regulation in the course of operative investigation activities in the investigation of corruption crimes are investigated. The circle of subjects of provocative actions at stages before excitation of criminal case and carrying out of preliminary investigation is defined. The reasons and problems of revealing provocative actions are considered at carrying out of operatively-search actions on affairs about bribery. The spectrum of possible operative-search measures, which can be conducted with the purpose of revealing and fixing the facts of bribery, is analyzed. An assessment is made of the possibility of using the results of such an operational-search activity as an operational introduction in establishing the facts of bribery. An analysis of the judgments of the European Court of Human Rights on cases of provocative actions during the conduct of operational-search activities at various stages of criminal proceedings in criminal cases on bribery
151 kb

OFFICIALS OF THE INQUEST BODY, IMPLEMENTING ORDERS THE HEAD OF THE INQUEST BODY AS PARTICIPANTS IN THE CRIMINAL PROCESS

abstract 1341710093 issue 134 pp. 1152 – 1165 29.12.2017 ru 30
The article analyzes the legislative definition of the term of "official of the body of inquiry" (introduced in the paragraph 6 of part 1. article 40.2 of the code of Criminal Procedure of the Russian Federation the Federal law from 30.12.2015 year); it substantiates the definition and demarcation of the procedural powers of the relevant officials involved in the instruction execution process of the head of the inquiry body
125 kb

COMPOSITION OF THE MURDER OF A NEWBORN CHILD BY THE MOTHER IN CRIMINAL LEGISLATION OF THE NEAR ABROAD COUNTRIES

abstract 1341710099 issue 134 pp. 1231 – 1239 29.12.2017 ru 18
In the article there is a comparative analysis of the criminal legislation of the countries of the near abroad, regulating responsibility for the murder of a newborn child by the mother
149 kb

COERCIVE MEASURES OF EDUCATIONAL INFLUENCE: PROBLEMS AND SOLUTIONS

abstract 1341710100 issue 134 pp. 1240 – 1251 29.12.2017 ru 19
At the present stage, the juvenile legislation of the Russian Federation is going through a period of formation and determination of dominant purpose. The need for the regulation of emerging gaps and inaccuracies was reflected in the overall situation of juvenile delinquency in Russia. By eliminating errors and defects, we solve questions about the future of young and irresponsible people who have made a mistake and need proper correction and education
201 kb

YOUTH DEVIANCE AS A RESULT OF THE REPRODUCTION OF POLITICAL AND LEGAL NIHILISM IN TERMS OF THE ELECTORAL PROCESS IN RUSSIA

abstract 1341710101 issue 134 pp. 1252 – 1272 29.12.2017 ru 20
In modern Russia, there were not created key institutions of political and social development needed to involve young citizens in political and legal life, and very serious criticism is "the effectiveness of judicial reform" and the results of combating systemic corruption, without which it is difficult to count on the impact of the decrease in the level of political and legal nihilism among young people. The review of related problems and approaches to their solution are addressed in this article
105 kb

SOME ASPECTS OF THE FORENSIC ACTIVITIES OF AN INVESTIGATOR OF THE INVESTIGATIVE COMMITTEE OF THE RUSSIAN FEDERATION

abstract 1341710102 issue 134 pp. 1273 – 1279 29.12.2017 ru 18
This scientific article covers the relevant aspects of an investigator – criminalist of Investigatory Committee of the Russian Federation, both procedural and organizationally – tactical and managerial direction in the field of criminal justice. The author of the scientific article analyzes the norms of the Criminal procedure codex of the Russian Federation, departmental normative legal acts of the General Prosecutor and the Investigative Committee of the Russian Federation and expresses his own judgment; offers measures on improvement of position of some norms of the Criminal procedure codex of the Russian Federation on the studied issues
145 kb

ABOUT THE SUBJECT OF INTERROGATION OF THE EXPERT IN THE COURT

abstract 1341710103 issue 134 pp. 1280 – 1292 29.12.2017 ru 35
In the article the problematic issues of evaluation of expert evidence during his interrogation in the court have been considered, the scientific literature has been analysed, the viewpoints of leading forensic scientists and processualists on this issue have been considered. The issues of evaluation of the expert evidence remain relevant and currently under the conditions of realisation of the adversarial principle of the parties in the criminal proceeding. In the study, the need to specify the subject of interrogation of the expert has been emphasized, as well as the recommendations on its carrying out in the court session. The suggestions with regard to optimization of interrogation process of the expert in court have been expressed, namely the expert's petition in the court for the advance granting of the list of questions in the written form and rejection of questions which do not require the use of special knowledge and equate the procedural status of the expert to the status of the witness
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