Scientific Journal of KubSAU

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

SOME QUESTIONS CONCERNING THE PROPERTIES OF THE INDIVIDUALITY OF THE VICTIM WHEN INVESTIGATING CRIMES AGAINST LIFE AND HEALTH, MOTIVATED BY ETHNIC, RACIAL OR RELIGIOUS HATRED OR ENMITY

abstract 1041410150 issue 104 pp. 2153 – 2159 30.12.2014 ru 667
The article discusses the features of the personality of the victim in cases of crimes against life and health, motivated by ethnic, racial or religious hatred or enmity with victimological perspective
124 kb

SOME QUESTIONS CONCERNING SIGNING THE MANAGEMENT CONTRACT OF AN APARTMENT HOUSE

abstract 0931309099 issue 93 pp. 1420 – 1431 30.11.2013 ru 1265
The procedure of signing the management contract of an apartment house is considered in this article: the first option – an opportunity to investigate the contract signing regulations which contain the conditions concerning public utilities; the second option – while signing the management contract of an apartment house, apply the law regulations containing public agreement signs of an apartment house management
140 kb

SOME PROBLEMS OF CRIMINAL PROCEEDINGS IN RESPECT OF FOREIGN CITIZENS AND INDIVIDUALS WITHOUT CITIZENSHIP

abstract 1231609141 issue 123 pp. 2113 – 2123 30.11.2016 ru 339
The present article considers the problems of criminal proceedings in respect of foreign citizens and individuals without citizenship in the aspect of the Federal Act 375-FZ, dated 06 July 2016, which made additions to the part 3 of article 12 of the criminal code and article 3 of the code of criminal procedure. The author substantiates the need to include in Section XVI of the code of criminal procedure of a separate Chapter: "peculiarities of proceedings on separate categories of criminal cases", which is devoted the peculiarities of proceedings of criminal cases in respect of foreign citizens and individuals without citizenship who is not living constantly in the Russian Federation, who also is calling to account for criminal prosecution for crimes committed outside the Russian Federation against interests of the Russian Federation or the citizen of the Russian Federation or constantly living in the Russian Federation individuals without citizenship, as well as the definition in the criminal code the list of crimes directed against the interests of the Russian Federation
163 kb

SOME LEGAL ISSUES ABOUT SOLE EXECUTIVE BODY OF THE LEGAL ENTITY IN THE CONTEXT OF THE REFORM OF THE CIVIL LAW

abstract 1011407164 issue 101 pp. 2444 – 2457 30.09.2014 ru 987
In this article the author analyzes the changes in the Civil Code of the Russian Federation concerning the legal status of the sole executive body of the legal entity and the ability of several sole executive bodies to operate in the legal entity, which allows noting its value for law enforcement practices and the improvement of civil legislation
202 kb

SOME ISSUES OF THE ABUSE OF FREEDOM OF CHOICE IN THE FORMS OF CONTRACTS

abstract 1061502042 issue 106 pp. 668 – 687 28.02.2015 ru 1438
The article is devoted to one of the most disputable categories of jurisprudence –excessive use of power. The author considers the already known issues with the application of the principle of the inadmissibility of excessive use of power, as well as new ones in connection with the amendments to the Civil code of the Russian Federation. The article analyzes the issues of individuals’ misuse the freedom of choosing the type of denominated contract sample in the context of making mock and sham transactions. General and specific signs of the mock and sham transactions are analyzed, bearing in mind doctrinal positions and judiciary practice. In the article we give an analysis of the novelties of the civil legislation on the excessive use of power, the examples of judicial practice of the forms of excessive use of power, we have analyzed legally significant circumstances to be established by the arbitration court attached to each form of excessive use of power. The author considers the main characteristic of the "excessive use of power" category to be its moral and ethical aspect. A thinking activity of judges assessing the evidentiary basis in awarding judgment has a great value
139 kb

SOME FEATURES OF THE RELATIONSHIP OF CIVIL LIABILITY OF PUBLIC ENTITIES

abstract 1011407146 issue 101 pp. 2188 – 2198 30.09.2014 ru 1234
The article deals with the civil liability of public entities as a kind of civil legal relationships. We have analyzed the features of this relationship in comparison with a common understanding of civil liability legal relationship, which is not complicated with public-law entity
126 kb

SOME FEATURES OF THE COORDINATION SUBJECT OF LEGAL REGULATIONS OF THE FEDERAL LAWS OF THE RATIFICATION OF INTERNATIONAL AGREEMENTS AND INTERNAL NORMATIVE LEGAL ACTS

abstract 0871303042 issue 87 pp. 531 – 540 30.03.2013 ru 1862
In the article, the analysis of the features of the subject of legal regulation of the federal laws on ratification as legal acts of a special kind, in the light of the characteristics of essence, content and structure of social relations regulated by these laws has been presented. The interest to the selected aspect has been conditioned with the fact that the subject of legal regulation is one of the basic categories of theoretical and legal science
154 kb

SOME FEATURES OF LEGAL REGULATION OF ELECTION COMMISSIONS ACTIVITY AT KUBAN IN THE PRE-REVOLUTIONARY AND THE SOVIET PERIODS

abstract 1201606089 issue 120 pp. 1337 – 1351 30.06.2016 ru 371
The article discusses and analyzes the process of formation and organization of the election commissions in the Kuban region in the prerevolutionary and Soviet periods. The main research strategy articles can be viewed as the genesis of the electoral bodies in the Kuban region to the beginning of XX c., the main function of which was the organization and conduct of elections. The focus is on normative regulation of the electoral bodies, as well as the factors and conditions that contribute to their formation and development. In addition, we reviewed and analyzed the influence of the Soviet legislation to change the mechanism of formation and organization of the election commissions of the Soviet period. The article analyzes the composition of election commissions, the powers of the members of election commissions, the procedure of the election. We study the organs, whose powers are to oversee the elections. It is noted the role of the local Soviets in the preparations for the elections in the mid 50s. They provided all the organizational side of the preparations for the elections - the formation of polling stations, the compilation of voter lists, and the preparation of documentation. The article also reveals the problems that arose during the preparation and conduct of elections, shows the consideration of election commissions proposals and complaints of voters. In addition, there are sources of the State Archives of the Krasnodar Territory, the State Archive of the Russian Federation, archived issues of "Izvestiya", "Sovetskaya Kuban", "Komsomolets Kubani" newspapers
132 kb

SOME ELEMENTS OF CRIMINALISTIC FEATURES OF FRAUD IN INSURANCE

abstract 1311707054 issue 131 pp. 632 – 643 29.09.2017 ru 1021
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
119 kb

SOME DISADVANTAGES OF THE RUSSIAN FEDERATION LEGISLATION AND RECOMMENDATIONS FOR ITS IMPROVEMENT

abstract 0831209060 issue 83 pp. 845 – 854 30.11.2012 ru 1419
This article lays down the main gaps in the matter of the regulation of cross-border insolvency of a group of companies; it discusses various ways of the solution of the problem of legal uncertainty, as well as the ways to improve the existing Russian legislation in order to increase the level of legal protection of participants of civil turnover and, as a consequence, to increase the investment attractiveness of the Russian Federation in the world
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