Scientific Journal of KubSAU

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

LEGAL BASES OF THE INSTITUTE OF PUBLIC SERVICE

abstract 1091505006 issue 109 pp. 104 – 115 29.05.2015 ru 1051
In this article some features of legal regulation of institute of public service are considered. The analysis of the norms of the office right establishing 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 systemacity position. For example, the content of the concept "state position" from the point of view of both standard the contents, and opinions of representatives of the scientific doctrine is opened. 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 that earlier in the domestic legislation there was uniform no opinion and standard establishment of the legal category "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 identified the concepts "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
130 kb

FORENSIC INVESTIGATOR: HIS PROCEDURAL STATUS AND FUNCTIONS

abstract 1091505046 issue 109 pp. 734 – 743 29.05.2015 ru 4025
The article covers the problems of procedural status and functions of a forensic investigator taking into account the provisions of p. 40 (1) art.5 of the Criminal Code, comparing with the previous position of the criminal procurators. The author suggests the wording of a new article 38(1) of the Criminal Code as a “forensic investigator” and defines his procedural status. Thus, a forensic investigator at the pre-trial proceedings should have the following powers: according to the investigator’s decision (the head of the investigation team or the head of the investigative body starting the production of a case) he could be entitled to authorize the investigative and other procedures, as well as the participation in the investigation along with the investigator, in order to ensure the proper application of scientific and technical tools and procedural recordings during the investigation, addressing experts for help and cooperation with forensic institutions, and the use of the advanced features of forensic examinations; introduction of new science and technology excellence in the detection and investigation of crime; development of scientific-methodological and practical recommendations for the detection and investigation of crimes
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 1018
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
155 kb

MEASURES TO COUNTER THE LEGALIZATION (LAUNDERING) OF INCOME FROM CRIME

abstract 1091505051 issue 109 pp. 758 – 769 29.05.2015 ru 1087
Illegal actions of economic orientation pose a serious threat to the economic security of the state, as are latent crimes. This article discusses the complex and urgent problem associated with increased measures for combating money laundering or other property acquired by criminal means. From a legal point of view, legalization is making ownership, use and disposal of such funds or other assets by financial transactions or other transactions. From the perspective of the real economy legalization is associated with the receipt of previously unrecorded funds in the legal economy. As the results of the study of the practice of criminal responsibility under Art. 174 of the Criminal Code, the main sources of illegal proceeds are theft, illegal use of natural resources, tax evasion and customs duties, illegal sale of illicit trafficking of goods, criminal acts of corruption, and others. From this we can conclude that the main direction of strengthening control over the legalization of proceeds from crime is to prevent the emergence of centers of capital legalization. To this end, the article analyzes the changes of international and domestic legislation in the field of anti-money laundering. We have added specific measures to stop this type of criminal acts aimed at strengthening the control of the authorized state bodies, including in relation to natural and legal persons participating in the capital of foreign entities
133 kb

BIOMETRIC IDENTIFICATION OF THE PERSON

abstract 1091505052 issue 109 pp. 770 – 780 29.05.2015 ru 927
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
181 kb

TESTAMENT IN EXTRAORDINARY CIRCUMSTANCES: THEORY AND PRACTICE

abstract 1091505058 issue 109 pp. 848 – 865 29.05.2015 ru 1306
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
163 kb

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 987
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
155 kb

PRIORITIES OF THE CONCEPT OF ENVIRONMENTAL SECURITY

abstract 1091505061 issue 109 pp. 901 – 912 29.05.2015 ru 1074
The article examines the approaches to the legal definition of "priority" in the concept of environmental security, as well as the kinds of priorities the concept of ecological security. The given provisions give us the chance to formulate the concept of "priority of the concept of ecological safety" as a prime activity (situation) of subjects of an administrative legal regime of ecological safety on ensuring normal functioning of ecological system of the country, i.e. all objects of live and inanimate nature, the developed ecological state and the happening changes of an ecological state. We have highlighted the problem of the legal regulation of the concept of environmental security. The extensive studied system of political and legal program acts allows considering all the variety of approaches to the problem of priorities of the Russian concept of ensuring ecological safety. The system of priorities of the concept of ensuring ecological safety given in article most fully reflects prime activities of subjects of an administrative legal regime of ensuring ecological safety
134 kb

PROCEDURE OF HOLDING THE AUCTION FOR GRANTING THE TIMBERLAND IN RENT

abstract 1091505081 issue 109 pp. 1169 – 1178 29.05.2015 ru 891
This article discusses issues of legal regulation and implementation of the norms of the forest legislation about procedure of holding the auction for granting the forest lot in rent and also consider the problem of law enforcement procedure. According to the forest legislation of the Russian Federation, the basis of the conclusion of the lease contract of the wood lot the result of the carried-out auction is. Auction can be considered as one-stage process on the one hand and as two-stage on the other hand. In this regard, auction is considered in this work from the different points of view of prominent scientists. The conclusion is drawn on imperfection of the system of carrying out auctions indulging corruption about need of change of criteria of a choice of the winner of auction where by the main criterion it is put, for example, the qualifying shots of the person, but not the greatest sum which the person can offer at competition. The position about the privilege to the conclusion of the lease contract at an equal rate of a payment is opened. Auction and competition as real and effective ways of receiving the right for the conclusion of the lease contract of the timberland are correlated with each other. Proposals on recognition by winners in auctions of potential tenants which for several years showed the reliability
159 kb

THE REFLECTION OF THE CONCERNS ABOUT THE DEFINITION OF A LEGAL PERSON AS THE SUBJECT OF CRIME IN MODERN CRIMINAL LEGISLATION OF RUSSIA

abstract 1081504008 issue 108 pp. 107 – 119 30.04.2015 ru 1236
The article sets out the authors ' opinion on the content of guidelines describing the opinions of Russian and foreign scientists in favor of the justification of criminal liability and punishment of legal persons, either against itself or, conversely, offering a compromise in the application of legal persons. Characteristic in this respect the authors of the article on the position of the Investigative Committee of the Russian Federation, submitted in 2011, the year the project enters into the criminal law Institute criminal legal action against businesses and provides theoretical justification for the project. Based on the position of experts in their field - investigators of the investigative Committee, we have identified the most known and well-established principles of the theory of criminal law disciplines. On the basis of the conducted analysis, the authors generated novel in the criminal law, which from the point of view of the authors, will have great application prospects in the Russian criminal practice. An additional argument supporting the need for improvement of criminal legislation in Russia are advanced legal state of the world, analysis of the criminal law which, which was also investigated by the authors
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