Scientific Journal of KubSAU

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

TO THE PROBLEM OF CADASTRAL WORKS IMPROVEMENT, STOCKTAKING OF REAL ESTATE AND REGISTRATION OF THE RIGHTS

abstract 1171603057 issue 117 pp. 889 – 901 31.03.2016 ru 578
The present article is devoted to the problems of improvement of authority of state property cadastre, registration of rights on real estate and bargains with it. The changes introduced by the Federal Law from 13.07.2015 # 218-FL “On state registration of real estate” are conditioned by the urge of a legislator towards the increase of quality of state services in the sphere of state cadastre stocktaking of property and state registration on it and as well as minimization of mistakes containing in data of state cadastre of real estate and united state register of rights to replenish budgets of all levels at the expense of increase of taxing base and to stimulate the economic growth of the country. To the view of authors, the normative base of land, civil and other special legislation demands the further improvement that testifies the urgency of present problem. The authors carried out the analysis of modern legislation, there were revealed the problematic moments of realization of special regulations of the Law on registration of real estate and other subordinate regulatory acts, there were introduced the offers on their elimination, and as well as there were cited the prospects of legislation development in the sphere of land-property relations
148 kb

ABOUT THE CATEGORY OF “LEGITIMATE INTEREST” IN CRIMINAL PROCEEDINGS

abstract 1171603074 issue 117 pp. 1139 – 1151 31.03.2016 ru 702
The article investigates the concept and the content of a legitimate interest in criminal proceedings. The author concludes about the necessity of inclusion the additional structural element, legitimate interests of parties of criminal proceedings in the criminalprocedural relationships. The author’s definition of the legitimate interests of some parties of the criminal process is tabled for discussion. Different points of view of legal scholars on the subject are analyzed in this article. The article discusses special features of occurrence of legitimate interests in terms of pretrial agreement undertaking on cooperation with suspected or accused party
134 kb

TO THE QUESTION OF THE PROMOTION AND AWARDING OF PUBLIC CIVIL SERVANTS

abstract 1161602034 issue 116 pp. 510 – 521 29.02.2016 ru 1076
In this research, we discuss promoting and rewarding of civil servants. These methods represent system stimulants that affect the needs and interests of the public civil servant in order to induce him to conscientiously carrying out their duties. It is concluded that awarding and promotion are important parts of the incentive scheme for civil servants, because they show how faithfully and efficiently citizens do their job, and these methods pave the way for this fellow citizen doing their job perfectly. We must mention the material benefits obtained by a civil servant usually in the form of encouragement. It should be noted that in recent years actively updated current legislation has been promoting and rewarding measures that are established by different public authorities, which gives law enforcers more options in choosing the measures of rewarding and encouraging, relevant to labor achievements of citizens. The main legal source is the Law of 27 July 2004 N-79 "On State Civil Service of the Russian Federation,"[1] which established an indicative list of awards and rewards of public civil servant
156 kb

ESTABLISHING EFFECTIVE CONTRACT FOR CIVIL SERVANTS

abstract 1161602035 issue 116 pp. 522 – 534 29.02.2016 ru 973
The ongoing administrative reform in Russia has been carried out with the help of modern technology and human resources and it has a significant impact on the staff of the civil service - civil servants. This article presents the position of the Government of the Russian Federation, according to which the establishment of effective contract - one of the ways of development, improve the remuneration system for civil servants, public servants themselves assessment of this innovation, presented the implementation of effective regulatory framework contract is indicated by its ideology. The factor affecting the wages of civil servants is a performance indicator; the article lists its views. In different departments, employee performance is evaluated differently in the article presents an assessment of the effectiveness of them. The evaluation of the implementation of effective contract Sergei Filatov, who served as President of the socio-economic and intellectual programs and Dmitry Abzalov - President of the Center for Strategic Communications. Also there was shown the analysis of public servants’ understanding, feasibility and impact of introducing effective contract in the state structures. We have proposed measures to address misunderstandings of the reform civil servants. There are findings as well as possible scenarios after the establishment of effective contract
148 kb

LEGAL ENTITY AS SUBJECT OF ADMINISTRATIVE RESPONSIBILITY

abstract 1161602036 issue 116 pp. 535 – 547 29.02.2016 ru 1959
This article focuses on the economic activities of legal entities as subjects of administrative responsibility. The article considers the peculiarities of this type of liability applicable to legal persons. The purpose of this article is to study the legislative framework of this institution, identifying the distinguishing features of this type of liability. Despite an adequate regulation of the legal status of the entity in various legal acts, there are many debatable issues. This topic is relevant, because now there is freedom of economic activity and the institution of administrative responsibility appeared relatively recently in our legislation. All this creates an increasing number of offenses by organizations whose actions impinge on the public relations protected by the norms of administrative law. The most debatable issue is the mental element of the offence which guilt. We found that identifying guilt of a legal entity with the guilt of individuals does not seem appropriate. Guilt of a legal entity is of the greatest interest. There are several theories concerning this element subjective side. This article describes the main provisions of the theories expressed by many scientists in the field of administrative law. All the above demonstrates the need for studies of this type of legal responsibility and improving of the Institute of administrative law
155 kb

PROBLEMS OF LEGAL REGULATION OF FREE LEGAL HELP

abstract 1161602039 issue 116 pp. 575 – 587 29.02.2016 ru 616
The authors of the article analyze the legal grounds of free legal assistance marking the novels of legislation regulated by the federal law “On free legal assistance in the Russian Federation” and problems connected with its realization. There were given the characteristics of subjects of state and non-state systems of free legal assistance in the article. The special attention is paid to the specificity of the activity of state and municipal agencies, legal clinics, non-state centers of free legal assistance. The authors consider the peculiarities of legislation of the subjects of the Russian Federation setting the guarantee of rights on getting of free legal assistance. The problems of legal assistance under the presenting of citizens’ interests in arbitrary courts, problems of legal clinics assistance quality, problems of legal provision of the activity of municipal legal agencies are analyzed in the article. Due to the practice of realization of legislation in the Krasnodar region there were made the conclusions on the reasonability of extending of the list of citizens’ categories having the right for free legal assistance and cases of such assistance, giving the compulsory authority to the agreement on free legal assistance; the introduction of the article on municipal legal agencies into the Federal law; working outs of standards of the activity of legal clinics and systems of preparations to the legal assistance of students and teachers
149 kb

PARLIAMENTARY CONTROL: NOTION AND APPOINTMENT

abstract 1161602040 issue 116 pp. 588 – 600 29.02.2016 ru 682
The present article is devoted to the institute of the Parliament control in Russian Federation, its role and importance in the structure of functions of the Parliament of Russia. The authors of the article analyze the different approaches to the notion of the Parliament control in the theory of constitutional law, in federal and regional legislation. The author’s definition of the Parliament control is formulated. The focus on the necessity of the clear setting of the present term in the present legislation of the Russian Federation is made. In the article there were reflected the ways of the Parliament control, there were given their characteristics. The authors state the key and secondary aims of the Parliament control set in the federal law. In the article there was given the characteristics of the principles of the Parliament control set in the federal law. The authors offer to extend the list of present principles of the Parliament control with the aim of the deeper understanding of its essence. The authors pay to the special attention to the role and the importance of the institute of the Parliament control in the Russian Federation, its influence on the development of the legal civil society in Russia. The special role of the Parliament as a representative institution of the people expressed its role. The assessment of the effectiveness of the execution of the Parliament control by the Russian Parliament on the modern stage of the country’s development is given. The problems of the trends of the improvement of the Parliament control are touched
157 kb

CONTROL AUTHORITIES OF INSTITUTIONS OF THE CIVIL SOCIETY CONCERNING TO THE STATE POWER

abstract 1161602056 issue 116 pp. 809 – 820 29.02.2016 ru 598
The article is devoted to the analysis of the legal status of institutions of the civil society owing the control authorities concerning to the organs of state power. We have analyzed the legislature, which is fixing the bases of public control and practice of activity of corresponding institutions of civil society; the authors show the main problems of activity of subjects of public control and give proposals on their solving because it is necessary to increase the effectiveness of execution of public control in the Russian Federation
202 kb

THE NATURE AND SIGNIFICANCE OF THE SEARCH ACTIVITIES OF THE UNITS ENGAGED IN OPERATIONAL INVESTIGATIVE ACTIVITIES

abstract 1161602065 issue 116 pp. 952 – 971 29.02.2016 ru 748
The authors of the article analyze the nature and significance of the search activities of the units engaged in operational investigative activities. They consider operational investigative activities as a complex system of operational investigative actions including their different types according to their subject and goals, the problems solved and functional peculiarities as well as the observing (limiting) the rights and freedom of the participants of the activities. Depending on the specific tasks an important part of the system of search operations comprise those which provide detection, prevention and investigation of crimes, detection of wanted persons and objects of criminal assault, as well as operational support of state coercion, appointed by court order . In the theory of operational and investigative activities, they are referred to as "reconnaissance actions", and they reveal the essence of this type in general and search activity (operational research) in particular. Thus, the authors share the view expressed in the literature, according to which the system of reconnaissance and search operations carried out mainly behind the scenes and using a particular service, means, methods and forms, is the essence of operational and investigative activities
149 kb

CRIMES AGAINST FAMILY AND MINORS: ANALYSIS OF TYPICAL INVESTIGATIVE SITUATIONS OF THE INITIAL STAGE OF THE INVESTIGATION

abstract 1161602081 issue 116 pp. 1293 – 1305 29.02.2016 ru 966
The article describes typical investigatory situations on initial stage of the investigation, we have given the peculiarities of the situations in crimes against the family and the structure of the investigative action on each of them
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