Scientific Journal of KubSAU

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

POLITICAL AND LEGAL INTERPRETATIONS HUGO-LOWNEY RESPONSIBILITY FOR THE SLOPES OF THE CONSUMPTION OF NARCOTICS-SKI MEANS, PSYCHOTROPIC SUBSTANCES, -SUBSTANCES OR THEIR ANALOGUES, SAUVEUR-CHENIN AGAINST CHILDREN IN RUSSIA

abstract 1041410151 issue 104 pp. 2160 – 2171 30.12.2014 ru 1026
Authors discuss legal issues and protection of children from the inducement to use narcotic drugs, psychotropic substances or their analogues in Russia
163 kb

FORMATION OF NORMATIVE ELEMENT OF LEGAL SYSTEMS OF GERMANY AND FRANCE AND INFLUENCE OF THIS PROCESS ON OTHER COUNTRIES OF EUROPE

abstract 1051501059 issue 105 pp. 963 – 979 30.01.2015 ru 1026
The article shows that in new and the newest time in Germany and France the normative element of legal system has been formed, basic features of which are the same for both countries. At the same time the author indicates to differences in normative element of legal systems of Germany and France. There were considered the specificity of national legal systems of Italy and Spain
123 kb

BASIC DIRECTIONS IN THE DEVELOPMENT OF THE RUSSIAN FEDERATION LAW IN THE INFORMATION SPHERE

abstract 1141510056 issue 114 pp. 730 – 739 30.12.2015 ru 1029
The article analyses the existing legal mechanism of limitation of distribution of information in the Internet and variants of development of law-making in this sphere. The conclusions made by the author can be used in scientific activity
139 kb

TO THE QUESTION OF MODERNIZING THE RULES OF THE CIVIL CODE OF THE RUSSIAN FEDERATION ON LEGAL ENTITIES

abstract 1021408006 issue 102 pp. 144 – 155 31.10.2014 ru 1030
The article discusses the analysis of the new rules of the civil code of the Russian Federation on legal entities; determine the positive and negative aspects of the application of the rules. The author comes to the conclusion about the absence of reasonable grounds for the completion of the legislative work in building a system of legal entity
141 kb

THE DIRECTIONS OF THE LEGAL PREVENTION OF FAMILY AND DOMESTIC CRIMES COMMITTED WHILE INTOXICATED

abstract 1041410146 issue 104 pp. 2115 – 2126 30.12.2014 ru 1030
The aim of this article is to define the criminal law prevention of family offences committed while intoxicated. The qualitative and quantitative indicators of family offences committed while intoxicated were shown. We have proposed to amend existing legislation in order to increase the effectiveness of the criminal law prevention of family violence crimes committed while intoxicated. Criminal law prevention of family offences committed while intoxicated is methodologically built on the following positionscomparative-legal and socio-political, general and private scientific and statistical information. In our view, the main point needs to be done to identify the causes and conditions conducive to family and domestic crimes committed while intoxicated. We have to identify the main qualitative and quantitative indicators of family offences committed while intoxicated and define the basic efficiency of criminal law prevention of family violence crimes committed while intoxicated to make proposals to amend the existing legislation. As the findings of the study, the proposed main areas of improving criminal law prevention of family offences committed while intoxicated
149 kb

TO THE QUESTION OF CRIMINALISTIC STUDYING OF THE IDENTITY OF THE MINORS COMMITTING MERCENARY VIOLENT CRIMES

abstract 1091505047 issue 109 pp. 744 – 757 29.05.2015 ru 1036
In the article we have analyzed the value of criminalistic studying of the identity of the minor criminals committing mercenary violent crimes. The author considers the questions connected with a perspective of obtaining data on the identity of the minor. The author notes that it is necessary to study comprehensively the identity of the minor at investigation of a crime as it will increase the efficiency of the carried-out investigative actions and promotes the correct solution of problems of investigation and re-education of minor, and, eventually, to achievement of an ultimate goal of criminal legal proceedings. The author notes that a formal approach to the studying of the identity of the minor is not allowed, because it slows down the investigation. The analysis of problems, which the investigator meets, when collecting data on the minor and possible ways of their overcoming is carried out. The author notes that one of the pressing problems is the deficit of time for collecting necessary data on the identity of the minor. The author offered a system-structural approach to the criminalistic studying of the identity of minors, who committed mercenary violent crimes. The author of the article considers that criminalistic significant data on the identity of the minor criminal committing mercenary violent crimes can help at the establishment of important information for the criminal case, namely specify interrelation between social psychological, biological properties of the identity of the minor criminal: to track displays of specific qualities of the identity of the minor by preparation, commission and concealment of traces of the crime; on the basis of received data to develop a system of standard versions about the person who committed a crime, on the basis of information to hold the operational search events directed on the identification of the minor criminal. The author notes that in practice in the materials of criminal cases on mercenary violent crimes there are limited data on personal features of minors. So, the structure of the characteristics made by pedagogical workers on minor accomplices is typical. The references and characteristics represented by inspectors of PDN are made in most cases formally. The author of article makes a conclusion that limitation of data on personal features of minors can be eliminated only by association of professional efforts from bodies of preliminary investigation, inspectors on affairs of minors, the commissions on affairs of minors and protection of their rights, psychologists, social teachers
138 kb

THE CONSTITUTIONAL FOUNDATION OF THE RUSSIAN FEDERATION IN THE SYSTEM OF PHYSICAL CULTURE

abstract 1021408064 issue 102 pp. 993 – 1003 31.10.2014 ru 1038
This article is devoted to the bases of the constitutional legislation of the RF in the sphere of physical culture and mass sports, and also to the analysis of legislative process in this area. The author considers the Constitution of the RF, various laws, law-making activity in this sphere of public life
125 kb

FORMS OF MANIFESTATION OF PLURALITY OF PERSONS IN CIVIL LAW

abstract 1011407086 issue 101 pp. 1320 – 1329 30.09.2014 ru 1039
In the article we have investigated the multiplicity of civil law. The author distinguishes different types of plurality of persons and presents a detailed analysis of the stops on the relations arising from a simple partner-ship agreement as a form of plurality of persons
128 kb

PRELIMINARY VERIFICATION OF REPORTING ILLEGAL TRAFFIC OF WEAPONS AND AMMUNITION

abstract 0961402047 issue 96 pp. 680 – 691 28.02.2014 ru 1040
In this scientific article the author considers some as-pects of a preliminary check of messages about non-legal traffic of weapons, ammunition. The author identifies the key circumstances establishment, the procedure for their identification in order to obtain basis for criminal proceedings
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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