Scientific Journal of KubSAU

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

FEATURES OF LOAN COMMITMENTS IN FINANCIAL OBLIGATIONS

abstract 1051501027 issue 105 pp. 462 – 471 30.01.2015 ru 984
The article has examined the legal nature of borrowings. The author carries out a comparative legal analysis of debt obligations in comparison with the obligations arising from the contract of bank deposit, bank account agreement, loan agreement, factoring agreement, the insurance contract, the contract of storage. On the basis of a comparative research of the obligations arising from the loan agreement with the other financial liabilities we have determined the state of borrowings in the financial obligations. The author proves the general nature of the obligation of the loan in relation to other financial obligations. A contract of loan for the purpose of its subject and obligations arising from it is much closer to the lease contract and the loan, rather than to the same insurance contract or bank deposit. Borrowings are different from financial obligations only by the fact that its objects are things that contain generic characteristics, interchangeable and not individually defined, as it is in the case of contracts of property employment and loans. An important difference between the loan agreements from other financial instruments is the fact that in the loan agreement the property is transferred to the ownership and not in the possession and use of the borrower
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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 985
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
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CATEGORY OF CIRCUMVENTION OF THE LAW IN RUSSIAN CIVIL LAW

abstract 1011407120 issue 101 pp. 1824 – 1832 30.09.2014 ru 992
This article examines the concept of "circumvention of the law" with respect to Treaty law. The author finds that the direct loan category "circumvention of the law" in Treaty law can be estimated ambiguously. The specified category which is fragmentary reflected in the active Civil codex indicates a regulatory gap
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TO THE QUESTION ABOUT THE ESSENCE OF THE LEGAL CATEGORY "CIRCUMVENTION OF THE LAW" IN MODERN CIVIL LAW

abstract 1041410030 issue 104 pp. 435 – 447 30.12.2014 ru 996
The article studies the questions of the essence and the legal nature of the legal category of “abuse of right” and “circumvention of law”. On the basis of the study the article presents the author's notion of circumvention of law as a form of abuse of the right
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OVERVIEW OF THE HISTORICAL DEVELOPMENT AND CURRENT STATUS OF INSTITUTE OF NECESSARY DEFENSE AND ITS PRACTICE APPLICATION

abstract 1231609069 issue 123 pp. 999 – 1010 30.11.2016 ru 999
Relevance of the chosen topic is caused by existence of disputable issues in the practice of application of norms regulating institute of necessary defense in the Russian criminal legislation. In the present article the analysis of the current state of this institute of criminal law and a brief overview of the judicial practice of its application is made. Process of formation and development of institute of necessary defense in ancient foreign and Russian sources of law and sacred books is considered. The questions of limits of legitimacy of necessary defense and consequences of their excess are raised. The authors of the article have paid special attention to the analysis of conditions of legitimacy of necessary defense. Such conditions are traditionally divided into three groups: the conditions relating to protection; the conditions relating to encroachment; the conditions relating to the harm. The different points of view concerning improvement of system of conditions of legitimacy of necessary defense are considered. The authors give examples from modern court practice which allowed revealing obvious gaps of the criminal law in this sphere. They also formulated the proposals for improving the legislation. The authors consider important extension of the list of factors, which, together with the unexpectedness of encroachment, can be the basis for recognition of actions of the defending person legitimate
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PROBLEMS OF THE INSTITUTION OF ARBITRATION PROCEEDINGS UNDER LAW REFORM OF ARBITRATION COURTS

abstract 1071503036 issue 107 pp. 510 – 520 31.03.2015 ru 1000
In this article we consider the problem of arbitration proceedings and suggest ways to address them. The peculiarities of the arbitration dispute resolution, allowing closer to understanding the nature and the legal nature of the arbitration court. The article analyzes the status of arbitrators in terms of law reform, the conclusion about the absence of common requirements that apply to this post. The attention focused on the absence of liability for breach of arbitrators order arbitration proceedings and the need to introduce. The article also highlights changes in the rights of legal entities to create permanent arbitration courts and analyzes the feasibility of such restrictions. Special attention is paid to the problem of creating "pocket" courts, which hamper the development of mechanisms for alternative ways of resolving civil disputes. A comparative analysis of established practices of arbitration courts in countries such as Brazil, Canada and the United States has been provided. We offer adding certain provisions of the legislation of these countries to the Russian legislation in order to improve the institution of arbitration proceedings. The authors highlight some trends in the development of the current legislation regulating the activities of the arbitration courts of relevance in today's economy
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TO THE QUESTION OF LEGAL REGULATION OF THE INSTITUTE OF PUBLIC SERVANTS DUTIES IN THE RUSSIAN EMPIRE IN THE XIX CENTURY

abstract 1101506105 issue 110 pp. 1605 – 1615 30.06.2015 ru 1001
In this article some features of standard regulation of duties of public servants in the XIX century are considered. The author investigates the problems of legislative providing the specified institute of the right. It's noted that in the Russian Empire the special attention was paid to the educational qualification of officials. In fact, education existence, during this period, was a duty for public servants. Even those persons who already served were obliged to get an education that certainly is a positive innovation. Thus, the educational qualification of officials of civil department was brought to the level of duties. Understanding the need of improvement of quality of public administration, the country leaders paid special attention to the questions of vocational training of future and working officials. For example, additional tests for officials of persons interested to receive higher position of a collegiate asessor or the state councilor were established. Increasing of education level of employees, elimination of low load of universities – the main objectives which were pursued. The author notes that conditionally the duty of public servants can subdivide into 2 types: the general duties concerning all categories of officials; the special duties established to certain officials. The special rights and duties of employees were established in departmental, local and bylaws. There was a more detailed study of the right of employees for the contents and provision of pensions. The concept of full material security of officials at the legislative level was successfully established by the state, but in practice the custom of "feeding" actively was implemented
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THE DEFINITION AND THE CONTENT OF THE CONCEPT OF ECOLOGICAL SECURITY OF THE RUSSIAN FEDERATION

abstract 1091505060 issue 109 pp. 887 – 900 29.05.2015 ru 1005
In the article the definition and the content of the concept of ecological safety are considered. We have investigated the socio-political aspect of the contents of the concept of ecological safety, and also the structure of the contents of the concept of ecological safety. It allows defining political and legal model of ensuring ecological safety which finds expression in concrete state and administrative legal activity of rather extensive circle of the subjects providing normal functioning of habitat (ecosystem) of society and state. The political mechanism of ensuring ecological safety which defines it as internally interconnected set an element of system representing unity political and the precepts of law, institutes, an order and rules of activity aimed at providing guarantees of security of environment, the ecological rights and the vital interests of the person and citizen from possible negative impact of economic and other activity of people and threats of emergence of emergency situations of natural and technogenic character is investigated.The interrelation of the concept of ecological safety with an administrative legal regime of ensuring ecological safety is defined
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QUESTIONING WITNESSES IN CASES OF CRIMES AGAINST FAMILY AND MINORS

abstract 1271703040 issue 127 pp. 595 – 603 31.03.2017 ru 1006
The article describes some main scientific and practical recommendations of the group methodology of the investigation by questioning witnesses in cases of crimes against family and minors
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LEGAL BASES OF INSTITUTE OF PUBLIC SERVICE

abstract 1101506106 issue 110 pp. 1616 – 1627 30.06.2015 ru 1007
In this article some features of legal regulation of the institute of public service are considered. The analysis of the norms of the service rights establishing the special administrative legal status of public servants is carried out. The author investigated the considerable list of the pre-revolutionary, soviet and modern legal literature devoted to topical issues of institute of public service. The main concept of this article is that the institute of public service is considered by us from a systemic position. For example, the content of the concept of "state position" from the point of view of both standard the contents, and opinions of representatives of the scientific doctrine is revealed. The author's definition of the legal category "state position" is offered. Besides, various concepts of understanding of the concept "public service" are presented in article. Thus the author paid attention to the fact that earlier in the domestic legislation there was no common opinion and standard establishment of the legal category of "public service". The main signs of the state position by the legislation of the Russian Empire are given in article. It is noted that in pre-revolutionary Russia legislators had identified the concepts of "public servant" and "official". This approach, according to the author, wasn't the advantage of the pre-revolutionary legislation, testifying to the low level of legislative equipment
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