Scientific Journal of KubSAU

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

PREREQUISITES FOR THE SECULARIZING REFORMS IN THE RUSSIAN EMPIRE

abstract 1181604098 issue 118 pp. 1501 – 1512 29.04.2016 ru 17528
The article examines the process of secularization of Church property in the history of the world. Special attention is paid to the assumptions of the preparation of secularizing reforms in the Russian state since the policy of Joann III. We address the relationship between Church and state in the field of Church lands and ecclesiastical jurisdiction authorized in Stoglav in 1551, and in the judgment of the Council estates in 1581 and 1584. The article studies the reasons, under which it became necessary, in conditions of the emerging absolutism, to limit the Church's estates; the ecclesiastical jurisdiction in this connection, there was issued the national Code – “Sobornoye ulozheniye” of 1649. The study discusses the limitation of economic and administrative privileges of the Church in accordance with the Council code of Tsar Alexei Mikhailovich. The article focuses on the administrative and financial functions of the Monastic Order. We have also made a distinction, and there are differences in the powers between the Monastic Orders 1649 and between recreated Monastic Order in 1701. The article discusses the mission of the Church reform of Peter I the Great and the results of this reform, which prepared the legislative framework for the secularizing reforms of Catherine II the Great
152 kb

PLEDGE AND MORTGAGE UNDER THE INDIAN LAW

abstract 1151601050 issue 115 pp. 819 – 828 27.01.2016 ru 11222
The article discusses the concept of species, the essential terms and the grounds of the pledge in Indian law, and especially the pledge agreement in the legal practice of India
155 kb

SOME ASPECTS AND PROBLEMS OF ESTABLISHMENT OF GUARDIANSHIP (GUARDIANSHIP) OVER MINORS IN THE RUSSIAN LEGISLATION

abstract 1001406092 issue 100 pp. 1421 – 1434 30.06.2014 ru 10860
The article questions of a legal regulation of standards of the family and civil legislation of guardianship establishment over minors, about implementation and protections of their rights, are considered the problems arising at practical realization of the relevant standards are considered
401 kb

ORGANIZATIONAL ASPECTS OF TYPICAL PATTERNS OF CRIME MECHANISM IN THE SPHERE OF ILLEGAL WEAPON AND AMMUNITION TURNOVER

abstract 1131509080 issue 113 pp. 1094 – 1143 30.11.2015 ru 8223
This article is important today because there is not enough attention in the contemporary law publications paid to the typical patterns of crime mechanism especially in the sphere of illegal weapon and ammunition turnover. Taking into account the opinions of such well-known forensic scientists as R.S. Belkin, V.D. Zelensky, G.M. Meretukov, M.V. Golovin, V.A. Obraztsov, J.G. Korukhov, V.Y. Koldin, O.V. Chelysheva, L.Y. Drapkin, V.N. Karagodin and others, the author comes to the conclusion that it’s necessary to develop typical patterns of crime mechanism for certain types of crime. The author has worked out some typical patterns of crime mechanism in the sphere of illegal weapon and ammunition turnover based upon major informative criminalistic elements, this particular article describes seven typical patterns of crime mechanism for the illegal storage, transportation, transfer, carry, purchase and sale, manufacture, repair or alteration, theft or extortion, careless storage or improper performance of duties on protection of weapon, its basic parts and ammunition. Each pattern is accompanied with the examples of judicial and investigative practice, followed by the necessary explanations and analysis of the activities of the subject of the investigation on the preparation, followup and final stages, which leads to the conclusion about the legitimacy of the proposed patterns
130 kb

FORENSIC INVESTIGATOR: HIS PROCEDURAL STATUS AND FUNCTIONS

abstract 1091505046 issue 109 pp. 734 – 743 29.05.2015 ru 4038
The article covers the problems of procedural status and functions of a forensic investigator taking into account the provisions of p. 40 (1) art.5 of the Criminal Code, comparing with the previous position of the criminal procurators. The author suggests the wording of a new article 38(1) of the Criminal Code as a “forensic investigator” and defines his procedural status. Thus, a forensic investigator at the pre-trial proceedings should have the following powers: according to the investigator’s decision (the head of the investigation team or the head of the investigative body starting the production of a case) he could be entitled to authorize the investigative and other procedures, as well as the participation in the investigation along with the investigator, in order to ensure the proper application of scientific and technical tools and procedural recordings during the investigation, addressing experts for help and cooperation with forensic institutions, and the use of the advanced features of forensic examinations; introduction of new science and technology excellence in the detection and investigation of crime; development of scientific-methodological and practical recommendations for the detection and investigation of crimes
244 kb

RESULTS OF CORRECTIONAL INSTITUTIONS STAFF OPINION POLL OF KRASNODAR REGION ON QUESTIONS OF CRIMINAL-EXECUTIVE SYSTEM REFORMATION

abstract 0360802008 issue 36 pp. 125 – 141 29.02.2008 ru 3730
Relation of correctional institutions staff to the reformation of industrial-production complex of criminal-executive system and processes of humanization of legislature to the concern of imprisoned persons in places of incarceration is investigated in the article. Degree of above mentioned processes influence on production- economic activity of institutions is determined.
140 kb

THE PERSONALITY OF A PERSON AS A COMPONENT ELEMENT OF CRIMINOLOGICAL ASPECTS OF IMPLEMENTATION OF INSTITUTE OF NECESSARY DEFENSE IN THE ATTACKS ON LIVES OF MEMBERS OF THE FAMILY AND MINORS

abstract 1291705073 issue 129 pp. 1020 – 1031 31.05.2017 ru 3277
The article deals with the main reasons, which obstruct the ability of citizens to realize their birthright on a necessary defense in the protection of family members and minors. The article has paid attention to the importance of the criminological characteristics of the crimes, with an aim to develop measures on prevention of criminality. The author has analyzed socio – demographic characteristics of the individual, who can use the right of necessary defense for guard family members and minors, based on key descriptions (gender, age, level of education, occupation, marital status. There is a proposed change in the article 37 of the criminal code, with a new category of persons – family members and minors. The author also suggests reducing the size of the criminal responsibility, in the article 108 and 114 of the criminal code of the Russian Federation, to one year for persons who exceeded the limits of necessary defense, when they protect family members and minors
151 kb

SUBSTANTIATION OF THE QUANTITATIVE MEASURE OF KNOWLEDGE, COGNITIVE IN-TEGRATED CRITERION AND THE SECOND SEMANTIC INFORMATION MODEL OF THE SYSTEMIC COGNITIVE ANALYSIS ON THE BASIS OF PROBABILITY THEORY

abstract 0430809009 issue 43 pp. 154 – 166 27.11.2008 ru 3247
The analysis of civil-law norms provided in the fourth part of civil procedure law of Russia allows to express opinion that apprehended and embodied by civil procedure law in sphere of regulation of the right to results of intellectual activity and individualization instruments in the criminal law is not reflected in full, in particular, in article 146 of the criminal code of Russian Federation.
112 kb

ASSESSMENT OF EVIDENCE SUFFICIENCY ASSESSMENT BY COURT WITH CASE AT BAR

abstract 0360802002 issue 36 pp. 13 – 21 29.02.2008 ru 3202
There were presented the results of research carried out by the author in the article, that is assessment of trustworthiness of evidence with case at bar. The author drew a conclusion about necessity of criminal- commitment procedure legislature improvement, in particular, pronouncement of sentence in the case of rejection of public prosecutor from maintenance of accusation in court on the basis of scientific and special literature, in particular, works of O.L.Vasilieva,Yu.K.Orlova, A.E. Merkusheva, P.A. Lupinskaya, V.Zazhitsky, I.B. Mikhailovsky, I.L. Petrukhina et al and with an account of published and unpublished jurisdiction.
198 kb

TO THE PROBLEM OF GUILT DEFINITIONS IN CIVIL LAW

abstract 0410807009 issue 41 pp. 93 – 116 15.09.2008 ru 3167
The aim of the article is to systematize by means of analyze overviews concerning the definitions of the guilt which exist in the jurisprudence, to examine the questions of guilt forms influence on differentiation of legal liability measures, liability without guilt and to suggest the course of perfection of acting civil legislation and the practice of its application on the base of the examined material.
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