Scientific Journal of KubSAU

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

TESTAMENT IN EXTRAORDINARY CIRCUMSTANCES: THEORY AND PRACTICE

abstract 1091505058 issue 109 pp. 848 – 865 29.05.2015 ru 1330
The article explains the relevance of testaments, committed in extraordinary circumstances. The authors note, that the form of such testaments is considerably simpler. Nevertheless, it is compensated by necessity of further confirmation of fact that testament was committed in extraordinary circumstances by court. The conditions of validity of such testaments exposed to a detailed analysis in the article. The authors emphasize that for the recognition of circumstances as extraordinary, such circumstances should be unusual, exceptional, and create immediate threat of life, not threat to health of a citizen. The article contains the analysis of court decisions, which counter to these provisions. The study notes that the legislation does not allow for opportunity to commit testament in the extraordinary circumstances using the technical equipment. It is a gap in the legislation, considering the current conditions. The authors describe international experience of drawing up testaments verbally and came to the conclusion that such form is not acceptable in the Russian legislation. The article also notes the need for a more precise definition of “extraordinary circumstances” applied to inheritance relations. By the authors’ viewpoint, serious illness of the testator can’t be classified as extraordinary circumstance. The study is not only based on analysis of theoretical works of scientists, also on law enforcement practices. The authors of the article identified actual problems of current legislation and came to the conclusion of the necessity to improve the modern civil law
131 kb

PECULIARITIES OF FORMATION OF WOMEN'S POLITICAL RIGHTS IN RUSSIA

abstract 1021408075 issue 102 pp. 1162 – 1172 31.10.2014 ru 1326
The article reveals the story of the formation of the political rights of women in various stages of development of the Russian society. Author focuses the attention on the impact of the social status of women on its ability to participate in political life and foreign policy
127 kb

TOPICAL ISSUES OF CARRYING OUT PREPARATORY PART OF THE COURT SESSION BY CRIMINAL CASES PRODUCTION IN COURT OF THE FIRST INSTANCE

abstract 0931309104 issue 93 pp. 1508 – 1519 30.11.2013 ru 1324
The preparatory part of a court session is intended for creation and check of conditions of administration of justice in strict accordance with the law. In this article peculiar features of preparatory part of a court session are considered, tasks and features of this stage of trial of business in court of the first instance on criminal cases are concretized
161 kb

TO THE QUESTION OF BUYING AND SELLING LIVING QUARTERS CONTRACT’S PECULIARITIES, CORRESPONDING TO THE ECONOMY CLASS LIVING RATING CONDITIONS

abstract 1141510089 issue 114 pp. 1173 – 1187 30.12.2015 ru 1313
The article is devoted to the questions connected to the buying and selling quarters contract’s peculiarities investigation, corresponding to the economy class living rating conditions. It is specified to the factors which are the obstacles for the accessible and comfortable housing in Russia. As a result, it is found out that the following relations regulated by the Federal Law, not by the Civil Law. Peculiarities of such kind of contracts, at first, connected with the object of contract’s investigation. As a reason, it is necessary to work out and affirm conditions when living quarters correspond to the economy class living rating. Special attention in the following article is paid to the specification of the conditions. One of the important things, which characterize the contract, is its subject compound. While law investigation it was found out parties of the buying and selling living quarters contract, corresponding to the economy class living rating conditions. We have also brought out the citizens’ class, having right to purchase economy class living. We have determined them as poor families, having many children and law level of income citizens
238 kb

THE LIMITS OF PROSECUTORIAL SUPERVISION IN ROAD TRAFFIC SAFETY

abstract 1021408013 issue 102 pp. 231 – 257 31.10.2014 ru 1310
The article attempts to reach the concretization of the concept of "limits of prosecutorial supervision" in relation to the implementation of supervisory activities in road safety
185 kb

ECOLOGICAL CRISIS AND ITS LEGAL PROBLEMSOVERCOMING

abstract 0911307100 issue 91 pp. 1453 – 1473 30.09.2013 ru 1309
The article studies the problems of correlation of protection of environment and provision of environmental security including the problem of organizational mechanism of protection of environment in the process of ensuring environmental security
135 kb

GENERAL ISSUES OF DETERMINING THE MEANS, METHODS OF INVESTIGATION, AS THE STRUCTURAL ELEMENTS OF FORENSIC METHODOLOGY

abstract 1131509095 issue 113 pp. 1343 – 1354 30.11.2015 ru 1308
In the article, we have considered issues of the subject of the investigation and determination of the investigative actions necessary to establish circumstances of the crime. The article shows the role of investigative situations in the methodology of the investigation
147 kb

SYSTEMATIZATION OF CRITERIA FOR IDENTIFICATION OF EXTREMIST CRIMES

abstract 0981404016 issue 98 pp. 218 – 230 30.04.2014 ru 1306
Active development of public relations entails its reflection in the criminal legislation of the Russian Federation. Currently, the issue of improving the criminal law remains relevant. In this regard, this article focuses on one of the most important tasks - structuring the legislative system of the Criminal Code of the Russian Federation, ordering criteria for identifying extremist crimes relative to the object of criminal law protection. Author considered necessary and legislative decision ordering the crimes of extremist orientation within a separate section of the Criminal Code which doesn’t reducing the status, the social danger of the crime and other crimes of extremist orientation
210 kb

TO THE QUESTION OF THE LEGAL CAPACITY OF NON-PROFIT ORGANIZATIONS IN THE LIGHT OF THE REFORM OF CIVIL LEGISLATION OF RUSSIA

abstract 1021408062 issue 102 pp. 959 – 981 31.10.2014 ru 1303
During 6 years since 2008 active work on the reformation of the Russian civil legislation has been carried out. The legal capacity of non-profit organizations and improvements in its content proposed by the authors of the reform are considered in the article. The proposed changes wait for the researchers
106 kb

USE OF EXPERTISE IN THE INVESTIGATION OF THE MURDERS OF A MOTHER OF A NEWBORN CHILD

abstract 0931309051 issue 93 pp. 748 – 757 30.11.2013 ru 1302
This article is devoted to the research of the use of special knowledge in the investigation of murders committed by mother of a newborn child; it discusses the most common types of expertise, appointed for this category and describes their specific features
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