Scientific Journal of KubSAU

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

CORPORATE LAW IN RUSSIA: THE INFLUENCE OF "OUTSIDE"

abstract 1051501044 issue 105 pp. 738 – 748 30.01.2015 ru 933
The article is focused on questions of the legal status of new organizational forms - investment partnership and economic partnership. In this regard, the author examines the issues related to the influence of the doctrine of economic analysis of law on the Russian corporate law. The author notes that the creation of new types of entities should be based on the Civil Code of the Russian Federation. Creation of certain types of legal entities by the adoption of special laws is invalid. In the United States, the prevailing doctrine is the economic analysis of law. Therefore, the creation of new types of legal entities is quite simplified and is subject to the said doctrine. In Russia, the main business and civil relations is the Civil Code of the Russian Federation. Therefore, the creation of new types of legal entities must comply with its provisions. The author notes that creation of an investment partnership, as well as economic partnership, are new to the Russian law enforcement. Analysis of their legal status allows us to say that their design is unknown to the provisions of the Russian corporate law. The author notes that the legal status of these types of legal entities can not be called successful. Therefore, the author suggests subordinating any relationship involving commercial entities to the Civil Code
287 kb

ORGANIZATIONAL AND TACTICAL ASPECTS OF INTERACTION WITHIN AN INVESTIGATIVE TEAM IN THE COURSE OF DETECTION AND INVESTIGATION OF MULTI EPISODE COMPLEX COLLECTIVE CRIMES

abstract 1271703003 issue 127 pp. 79 – 112 31.03.2017 ru 933
As a result of the analysis of scientific and special literature, and summarizing the forensic investigative and operational practices and the views of experts from the investigative team, the author came to the conclusion that the activities of the head of an investigative body and inquiry agency should include a mechanism of control over the execution of organizational and other activities planned for the interaction system. Therefore, an analytical and methodical organizational headquarters to manage the interaction within the investigative team should be used. The author also believes that it’s necessary to provide the interaction between the staff of the preliminary investigation and inquiry, as well as officials carrying out the operational searching activity during the whole period of the investigative team activities. The forms of interaction should be presented as a set of cooperative and agreed criminal procedure and organizational and administrative actions of the investigator, the head of the investigative team and the inquiry agency, on the basis of operational or operational and tactical availability in conjunction with the methods of operational and investigative activities and proceedings in compliance with the principles of criminal procedure law and the Federal law "On the OSA" for the purpose of direct execution of the criminal procedure legislation and the solution of tasks of the operational searching activities
133 kb

BIOMETRIC IDENTIFICATION OF THE PERSON

abstract 1091505052 issue 109 pp. 770 – 780 29.05.2015 ru 941
Test of cardiorespiratory synchronism is offered as a way of biometric identification of the person. The way represents registration, transformation and fixing on electronic carriers of parameters physiological is intimate - respiratory synchronism, such as the minimal and maximal borders of a range of synchronization in synchronous cardiorespiratory cycles in one minute, width of a range of synchronization in synchronous cardiorespiratory cycles in minute, duration of development of cardiorespiratory synchronism on the minimal border of a range from the beginning of test before steady formation of cardiorespiratory synchronism on the minimal border and duration of development of cardiorespiratory synchronism from the beginning of test before steady formation of cardiorespiratory synchronism on the maximal border of synchronization in intimate cycles at objects of identification as the schedules displaying electrophysiological characteristics of work of heart and respiratory activity of the person at the moment of reception of cardiorespiratory synchronism. Further, the received schedules compare to available schedules and judge that, they belong to the same person whether or not. Advantages of this way are high reliability of identification, simplicity and speed of performance, exception of trainings in advance
243 kb

PROBLEMS CONCERNING RIGHTS APPLICATION EXISTING IN THE COUNTRIES WITH THE PLURALITY OF LEGAL SYSTEMS IN THE INTERNATIONAL PRIVATE LAW

abstract 1121508127 issue 112 pp. 1750 – 1761 30.10.2015 ru 941
The article is devoted to the investigation of the problems that may face law enforcement official in the case of regulation transboundary relations between private law subjects. In that case, the law of the country with the several legal systems is applied. It is considered the classification of the legal systems' plurality in the same state. The proposals concerning supplements to the Art. 1188 of the Civil Code are conducted in the following article. In particular, it is offered to put an addition to the Art. 1188. The addition would allow to apply the norm to the both: whether the domestic conflict norm sends to the right of the foreign state or the right of the internal collisions itself, i.e. - to extend its action to the situations, in the cases when the state has substantial collisions, hierarchical collisions, temporal collisions. In that way, it is possible to fix the rule in the Art. 1188 of the Civil Code of the Russian Federation which would maintain the case when the domestic conflict norm sends to the foreign right, and in this foreign right there are internal collisions, they have to be resolved, proceeding from rules of the state law to the conflict norm which was sent by the Russian norm
1895 kb

GENERAL SOCIAL WAYS OF PREVENTION OF BRIBERY IN THE SPHERE OF MEDICAL SERVICES

abstract 0721108006 issue 72 pp. 70 – 83 30.10.2011 ru 946
This article discusses the problems associated with the use of general social ways of prevention of bribery in the sphere of medical services. General social ways of prevention of bribery in the sphere of medical services: economic, technical, ideological are considered in detail. The author of the article puts forward a number of proposals for enhancing the efficiency of general social ways of prevention of bribery in the sphere of medical services
267 kb

SОURСЕS АND TЕNDЕNСIЕS ОF THЕ FАMILY АND MАRRIАGЕ DЕVЕLОPMЕNT – THE ЕVОLUTIОN ОF THЕ FАMILY АND MАRRIАGЕ RЕLАTIОNS

abstract 1121508130 issue 112 pp. 1788 – 1798 30.10.2015 ru 947
This artiсlе is dеvоtеd tо thе еvоlutiоn оf thе mаrriаgе institutе, tо thе sоurсеs аnd tеndеnсiеs оf fаmily dеvеlоpmеnt. Thе аnаlysis оf thе fаmily rеlаtiоns in аnсiеnt Bаbylоn ассоrding tо lаws оf Hаmmurаpi is prеsеntеd in thе аrtiсlе. In Hаmmurаpi соdе thе fаmily is prеsеntеd аs bаsis nоt оnly fоr есоnоmiс, mаtеriаl pоwеr оf thе stаtе, but аlsо аs its pоlitiсаl stаbility аnd sаfеty. Thе rights аnd dutiеs оf spоusеs аrеn't еquаl, but thеy аrе еquаlly, thоugh еvеryоnе in оwn wаy, pаrtiсipаtе in асhiеvеmеnt оf а mаin gоаl оf thе mаtrimоniаl uniоn – thе birth аnd еduсаtiоn оf сhildrеn. Institutе оf mаrriаgе is оnе оf thе mаin institutе оf thе fаmily lаw. It is соnsidеrеd in thе аrtiсlе thе оrdеr аnd соnditiоns оf gеtting mаrriеd, thе оbstасlеs fоr thе еngаgеmеnt аt vаriоus histоriсаl stаgеs. It is соnduсtеd thе lеgаl аnаlysis оf thе mаintеnаnсе оf thе mаrriаgе rеlаtiоns. Thе аttеntiоn is pаid tо thе quеstiоn оf thе pеrsоnаl аnd prоpеrty rеlаtiоns bеtwееn spоusеs, pаrеnts аnd сhildrеn; rеlаtiоnship tо thе mаrriаgе is соnsidеrеd аs а sосiаl аnd есоnоmiс dеаl аnd lаtеr аs а vоluntаry will оf а wоmаn аnd а mаn tо gеt mаrriеd. Rеligiоus mоdеls оf а fаmily аrе соnsidеrеd in thе аrtiсlе. hаngеs whiсh hаppеnеd during сulturаl histоriсаl dеvеlоpmеnt соnсеrning thе fоrms оf thе fаmily аnd mаrriаgе rеlаtiоns аrе аlsо соnсеrnеd thе mаintеnаnсе оf thеsе rеlаtiоns, in pаrtiсulаr, bеtwееn husbаnd аnd wifе. Thе сhаngеs hаd mоrе quаlitаtivе сhаrасtеr within thе еmеrgеnсе оf fаmily mоnоgаmy. Thе соnsidеrаtiоn оf thе еmеrgеnсе оf thеsе оr thоsе fоrms оf mаrriаgе prеsеnt thе intеrеst tо thе сulturаl and histоriсаl аnаlysis аnd thе rеаsоns оf сrisis in thе fаmiliеs nоwdаys
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 969
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
219 kb

TO THE PROBLEM OF THE NORTH CAUCASUS JOINING RUSSIA. PECULIARITIES OF ORIGIN AND FUNCTIONING OF THE MUSLIM LAW IN THE NORTH CAUCASUS

abstract 1111507012 issue 111 pp. 212 – 235 30.09.2015 ru 974
The article discusses the Genesis of Islam in prerevolutionary Russia and its features in the North Caucasus. One of the features of the adoption of Islam was that this process was delayed by more than a Millennium. Another feature of the adoption and functioning of Islam in the North Caucasus is also the fact that Sharia here, teaming up with local legal customs (ADAT) and then with Russian legislation, creating a unique system of regulating social relations. It covers the process of entering the North Caucasus in the legal space of Russia, it also notes the role of Sharia and ADAT in the legal regulation of social relations in the North Caucasus in the Russian Empire, the Soviet and post-Soviet Russia. Taking into account historical experience, it can be assumed that the inclusion of certain provisions and principles of Islamic law and ADAT in the Russian legal system – the likely future development of legislation of a number of republics of the Russian Federation, in particular in the North Caucasus. It is noted that Islam in general is on the side of law-obedience and loyalty to authority, willing to respect share his or her values. Therefore, the introduction into the consciousness of the Russian Muslims the true values of Islam will contribute to the fight against international terrorism. Pacifist orientation of Muslim religious organizations, debunking Islamist myths, makes them an ally of the state in the fight against terrorism is of considerable interest because it is the peaceful alternative to militant Islamism
156 kb

ESTABLISHING EFFECTIVE CONTRACT FOR CIVIL SERVANTS

abstract 1161602035 issue 116 pp. 522 – 534 29.02.2016 ru 976
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
126 kb

SYSTEM INTERPRETATION OF THE PRINCIPLES OF CIVIL LAW

abstract 1011407094 issue 101 pp. 1453 – 1462 30.09.2014 ru 982
The article discusses the concept of principles of civil law. It examines the characteristic features of the system interpretation of the principles of civil law and universally recognized principles of international law. From this perspective, the author offers a systematic interpretation of the principle of reasonableness and good faith in civil law
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