Scientific Journal of KubSAU

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

PARTICULAR ISSUES OF LEGAL REGULATION OF HOUSING COOPERATIVES MEMBERS RIGHTS

abstract 1121508133 issue 112 pp. 1829 – 1845 30.10.2015 ru 1412
The authors analyze the question of the legal problems of protection of the rights of members of housing co-operative. The article shows the history of the development of this institution in the Russian Federation and its status. Of interest is the historical analysis of the legal institution, as well as the issue of protecting the rights of members of housing cooperatives throughout the history of their existence in our country. The author concludes that there is a need to improve existing legislation on housing cooperatives. In particular, the authors propose amendments to the Housing Code of the Russian Federation and other federal laws governing these legal relationships. The article provides the change of certain provisions of existing legislation that would allow better quality approach to the protection of the rights of members of housing co-operatives, as well as their regulation in general. As well, the authors indicated some legal problems that occur in practice arising from members of housing co-operative in their defense. The analysis of the legal practice of various courts of the Russian Federation has been carried out. Following consideration of the practical problems has been offered for both theoretical and practical ways to address them in order to prevent violations of the rights of members of housing cooperatives in the future
373 kb

ABUSE OF RIGHT: CONCEPT, SIGNS, GENERAL CHARACTERISTICS

abstract 1121508141 issue 112 pp. 1967 – 1987 30.10.2015 ru 1102
The article is devoted to one of the most disputable categories of jurisprudence – abuse of rights. Modern civil legislation contains many of the assessment law. Interpretation and specification of evaluative concepts is a challenging intellectual process. Abuse of right is a consequence of the process of interpretation of appraisal standards. The law does not allow the exercise of civil rights with the intent to harm another person, as well as abuse of rights in any form, including in the form of circumvention of the law. The author regards as the already known issues with the application of the principle of the inadmissibility of abuse of the right, so new in connection with the amendments to the Civil code of the Russian Federation. In particular the principle of good faith is investigated as a fundamental principle for civil rights. The article is devoted to the question on the essence and the legal nature of circumvention of the law, as well as the notion of circumvention of the law with unlawful purpose as a form of abuse of right. On the basis of the study presents the author's notion of circumvention of the right. The authors have made a conclusion that the correct interpretation of the categories of "subjective property law and protected by law interest" is the key to understanding the notion of abuse of right. The conscientiousness of participants of civil relations, as well as the intelligence is the proper limits of lawful behavior of the subject civil relationship, the breach of which allows detecting the signs of abuse of subjective civil law
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STRUCTURE OF PROPAGANDA MACHINE ANTI-BOLSHEVIK MOVEMENT IN SOUTHERN RUSSIA IN 1919

abstract 1121508134 issue 112 pp. 1846 – 1856 30.10.2015 ru 0
The article is devoted to the study of the structure of the apparatus of propaganda of the Volunteer army and Armed forces of South Russia under the command of General M. V. Alekseev, as well as the changes implemented in this structure by generals A. I. Denikin and P. N. Wrangell. We have highlighted the high importance of an effective propaganda mechanism during the civil war and iIndicated the reasons why the propaganda machine on the "White South" lost the efficiency of similar structures of the Bolsheviks. We considered such reasons as the absence in the Volunteer army powerful single ideology, as the basis for further indoctrination, the Bolsheviks significant advantage in material and technical equipment and production capacity, and advantage in time, as the propaganda machine of the Bolsheviks began to form several years before the outbreak of the civil war. The article reveals the formation process of the news propaganda of the Department of diplomatic division and its subsequent reformation in the Publicity Agency (Oswag) of the Chairman of a Special meeting. We have also touched upon the dissolution of Osweg at P. N. Wrangel and the establishment of a number of departments executing its functions. It is concluded, that the changes in the structure of the propaganda of anti-Bolshevik movement in South Russia, were excessively complicated and mostly formal in nature, they did not solve existing problems, but only created new ones. It is noted, that the main task of all transformations in the apparatus of propaganda, i.e. to overcome the significant advantages of the propagandists of Bolshevism, was not achieved as a result of the considered structural reforms
174 kb

TO THE PROBLEM OF LEGAL SYSTEM CLASSIFICATION: CIVILIZED APPROACH. TENDENCIES OF LEGAL FAMILIES APPROACHING IN THE CONDITIONS OF GLOBALIZATION

abstract 1111507008 issue 111 pp. 134 – 150 30.09.2015 ru 1067
The article discusses various criteria for the classification of legal systems. Special attention is drawn to the civilizational approach, which can be effectively used in the classification of legal systems. In accordance with the civilizational approach in the world there are many civilizations, developing according to its own laws (for example, the Scythian civilization, ancient Egyptian, etc.). In accordance with this approach the history of mankind is a history of the development of civilizations. There are different definitions of civilization. In generalized form is a community of people with particular characteristics in the socio - political organization, economy, culture. All States from the point of view of the civilizational approach can be divided into two types: Eastern (China, India, the Empire of the Incas, etc.) characterized by Marx as the "Asian mode of production"; the Western, or progressive (especially European countries). Each of these types has its historical features. In turn, each of these types has its own legal family. It appears that the basis for determining the classification of legal systems is a normative element of the legal system, including law, legal principles, sources of law, legal system, legislation, legal techniques. But this criterion can be applied in one and the same type of civilizations. In accordance with the criterion of the country of the Western type, can be divided into two large families: the Romano-Germanic and Anglo-Saxon. It should be noted that globalization processes in the modern world lead to the convergence of legal families. In particular this applies to the RomanoGermanic and Anglo-Saxon legal families, between which there is a gradual disappearance of the traditional differences
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GENERAL FEATURES OF ROMANICGERMANIC LEGAL FAMILY, LEGAL SYSTEMS OF SCANDINAVIAL COUNTRIES AS A SPECIFIC TYPE OF ROMANICGERMANIC FAMILY

abstract 1111507009 issue 111 pp. 151 – 172 30.09.2015 ru 1513
In the article we examine Roman-Germanic legal family. Sometimes this legal family is called the family of continental legal systems, which underlines the fundamental difference of RomanGermanic law, which arose on the European continent, from common law, arising also in Europe (in England), but outside of that continent. The legal family is called family civil rights arising from the Latin term "civil law" or "civil jus", meaning the use of Roman law for only Roman citizens or "cives". In this case, the article shows the huge impact of Roman law on the law of continental Europe. Roman-Germanic legal family is the most common in the world. It includes the countries of continental Europe, Latin America and many other countries. In such a vast country we can allocate appropriate legal panel involving certain national legal systems that have similar features. Such legal groups, the author classifies: Roman; Germanic; the legal group of the Scandinavian countries; the legal group of the Eastern European countries; the legal group of countries of Latin America and Africa. Among them, we can highlight the legal group of the Scandinavian countries, which has its own specifics. The article discusses a feature of the legal systems of the countries of Scandinavia
210 kb

ORIGIN AND DEVELOPMENT OF THE MUSLIM LAW AND ITS MAIN SOURCES, INFLUENCE OF WESTERNIZATION ON LEGAL SYSTEMS OF MUSLIM COUNTRIES AND ISLAMIZATION OF ROMANGERMANIC AND ANGLO-SAXON LEGAL FAMILIES

abstract 1111507010 issue 111 pp. 173 – 191 30.09.2015 ru 1153
The article discusses the Genesis of Islam and its role in the development of Muslim law family, highlights the main sources of Muslim law legal families. It is noted an important role of standards in Islamic law developed by the theologians of the activities in the process of interpretation in filling gaps in the law. All this has led to the emergence of different schools or sects, which contributed to the creation of many ideologically warring with each other Muslim sects. The followers of these movements convince their supporters that the rest courses are false. The article notes that currently, in general, the Muslim law has not lost its position. Modern Islamic community of the world has about a billion and a half followers. The Muslim law has not only maintained its position, but also extends its sphere of influence. Islam – the youngest world religion - enters the countries whose people earlier professed Christianity, Hinduism, Buddhism, etc., the Followers of Islam, moving to other countries, almost do not assimilate. So, the Islamic community in Europe is practically not subjected to European influence. Some of the legal institutions in a number of non-Muslim countries are subjected to Islamization. In some countries, Islamic law is not considered as legally valid, but it works in fact. This happens in the Muslim enclaves of Europe, it is happening in Russia, particularly in the republics of the North Caucasus
201 kb

GLOBALIZATION AND ITS INFLUENCE ON MODERN RUSSIAN LAW

abstract 1111507011 issue 111 pp. 192 – 211 30.09.2015 ru 1526
The article presents the concept and features of globalization. It is noted that globalization is a historical phenomenon. It is prepared by history as the result of a long process. This process is valid for the mankind throughout its history, occurring in different forms, scales, with varying degrees of intensity. It is emphasized that modern globalization was prepared by many phenomena of history, which are divided into positive and negative. Positive associated with the natural expansion of the boundaries of the world market, strengthening of democracy. Negative – with the predatory actions of transnational corporations, the unipolar world, and as a consequence, often enforced by the introduction of the values and lifestyle of Western democracy around the world. Globalization has an impact on state sovereignty. It is noted that in the context of globalization, the process of voluntary limitation of state sovereignty by mutual agreement with other States, but, at the same time, the process and the empowerment of its sovereignty, because the state has the authority to participate in solving problems that were not in the scope of its sovereignty. Globalization affects the law of all modern countries. Russia is no exception. In Russia, as in other countries, the relationship between national and international law increases, strengthening the position of the international law. This process can be named with the term of "internationalization" in the legal literature. During this process, appropriate forms of internationalization (legal instruments) can be applied: harmonization, unification, reception, implementation and standardization
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 971
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
154 kb

AN INCORPORATED PERSON AS A CONSUMER IN A CONTRACT OF RETAIL SALES

abstract 1111507022 issue 111 pp. 391 – 404 30.09.2015 ru 1685
In Russian civil legislation the consumer is a citizen who concludes the contract of retail sales for purposes not related to business activities. Incorporated person has no right to conclude a contract of retail sales. Therefore the law on consumer protection is not used for legal entities. The law on consumer protection gives to consumers an opportunity for simplified procedure to challenge acts or omissions of the sellers and protection of their rights. But at the same time the incorporated person may acquire the goods, works and services not for business purposes. In particular, this occurs when incorporated person buys goods for its professional aims, not just for its implementation. The authors think that legislator unreasonably violates the rights of legal entities, because they can not be consumers. The authors justify the possibility and the necessity of recognizing the incorporated person as a consumer in the contract of retail sale, and that will allow spreading the legal norms of consumer protection on them
137 kb

THE NOTION AND LEGAL REGULATION OF E-COMMERCE

abstract 1111507040 issue 111 pp. 708 – 720 30.09.2015 ru 1043
More and more goods are sold by the means of the Internet and other information and telecommunication networks from year to year. Despite the common practice to sale goods on websites, a general idea of ecommerce is not formed in the modern legal science and the current legislation, the notion ‘electronic commerce’ itself is missing. The presence of multiple gaps in the law and the growing number of disputes have served as a reason for writing this article which touches the issue of studying e-commerce as one of the kinds of business activity. The article describes scientific approaches to the definition of the notion ‘electronic commerce’, the problem the e-commerce object is raised, the notion ‘electronic transaction’, general provisions of transactions, performed by the means of information and telecommunication networks, are analyzed. The authors have paid attention to the practice of concluding contracts by the means of Internet resources, have noted the problem of the correlation between the content information posted on the website and the browse-wrap agreement. The authors consider necessary to legalize of the notion ‘electronic commerce’, to determine legislatively its parties and the rules of implementation. Systematization of the provisions on electronic commerce can be realized within the scope of a separate federal law 'On the Rules of Ecommerce.' Such measures will be able not only to bring the current pattern of Russian business nearer to the international standards, but also to raise it to a new level
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