Scientific Journal of KubSAU

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

ORGANIZATIONAL TACTICAL AND ME-THODICAL ASPECTS OF THE DETENTION OF THE PERSON COMMITTED THE ILLEGAL ARMS TRADE

abstract 0961402046 issue 96 pp. 668 – 679 28.02.2014 ru 1044
Taking into account the opinions of famous scientists like I.M.Gudkin, О.Y. Baev, V.M.Meshkov and V.V. Vainov and existing forensic practice, the authors con-sidered the organizational tactical and methodical aspects of a person's detention for illegal arms traffic. The content of the article has the scientific novelty, the theoretical and practical significance
163 kb

THE CONCEPT AND SOURCES OF CIVIL LAW REGULATION OF ENERGY SAVING

abstract 1011407092 issue 101 pp. 1428 – 1440 30.09.2014 ru 1056
The article discusses the concept of energy efficiency as an object of civil rights. It examines the characteristic features of the object of civil legal relations. On the basis of the current sources of the civil law we have analyzed the sources of civil law regulation of energy saving
163 kb

CRIMES COMMITTED BY LEGAL ENTITIES IN FOREIGN COUNTRIES AND TYPES OF PENALTIES APPLIED TO THEM (A SYSTEMATIC REVIEW OF FOREIGN PRACTICES)

abstract 1081504064 issue 108 pp. 891 – 903 30.04.2015 ru 1060
The scientific article: "The crimes committed by legal persons in foreign countries and penalties applied to them (a systematic review of international practice)" encompasses a statement of practices in sentencing in foreign countries for crimes committed by legal entities. The article reflected the author's consistent position on the feasibility of the introduction of the Russian criminal law liability of legal persons, which is justified by reference to the experience of the institution of criminal liability of legal entities in several foreign countries, and forsake not the position of the Investigative Committee of the country, nominated in 2011, the idea of criminal liability companies. The content of the article is aimed at an exchange of views on the problems of introducing criminal liability of legal persons in the Russian criminal law. Analyzed experience in combating crime entities reasoned position as the leading experts in this area and materials jurisprudence allows fully justified to assume a legal entity as a full subject of criminal activities in Russia. In addition, the chronological period law enforcement and pluralistic views of members of the judiciary of England and the United States, determine the inevitable process of globalization of the world legal community in which Russia now occupies a prominent place
140 kb

LEGAL BASES OF THE INSTITUTE OF PUBLIC SERVICE

abstract 1091505006 issue 109 pp. 104 – 115 29.05.2015 ru 1064
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
183 kb

TO THE PROBLEM OF LEGISLATIVE REGULATION OF RULES OF COMMISSION OF NOTARIAL ACTIONS IN THE RUSSIAN FEDERATION

abstract 1051501060 issue 105 pp. 980 – 998 30.01.2015 ru 1066
The article defines several theoretical and practical issues of the execution of the notaries actions based on the comprehensive review of the norms of the effective legislation on notaries, drafts of Federal Law “On notary and notaries service in the Russian Federation”, and legal practice
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
153 kb

VIOLATION OF INVENTIVE AND PATENT RIGHTS: CONCEPT AND PROBLEMS OF QUALIFICATION

abstract 1011407133 issue 101 pp. 2024 – 2036 30.09.2014 ru 1076
The article is dedicated to some troubles witch arising in the qualification of crimes in the sphere of inventive and patent rights. It shows different points of view, and on this ground it is proposing the ways of improving the current legislation
175 kb

TO THE QUESTION OF CONSTITUTIONAL AND LEGAL CONSOLIDATION OF THE PAR-LIAMENTARY HEARINGS IN THE NORMS OF FEDERAL AND REGIONAL LEGISLATION

abstract 0991405036 issue 99 pp. 549 – 565 30.05.2014 ru 1078
Parliamentary hearings are basic organizational and legal forms of the legislative (representative) institution. The article is devoted to constitutional and legal consolidation of this activity form by federal and regional legislation on the current stage
134 kb

TO THE QUESTION OF THE PROMOTION AND AWARDING OF PUBLIC CIVIL SERVANTS

abstract 1161602034 issue 116 pp. 510 – 521 29.02.2016 ru 1078
In this research, we discuss promoting and rewarding of civil servants. These methods represent system stimulants that affect the needs and interests of the public civil servant in order to induce him to conscientiously carrying out their duties. It is concluded that awarding and promotion are important parts of the incentive scheme for civil servants, because they show how faithfully and efficiently citizens do their job, and these methods pave the way for this fellow citizen doing their job perfectly. We must mention the material benefits obtained by a civil servant usually in the form of encouragement. It should be noted that in recent years actively updated current legislation has been promoting and rewarding measures that are established by different public authorities, which gives law enforcers more options in choosing the measures of rewarding and encouraging, relevant to labor achievements of citizens. The main legal source is the Law of 27 July 2004 N-79 "On State Civil Service of the Russian Federation,"[1] which established an indicative list of awards and rewards of public civil servant
135 kb

LEASING CONTRACT IN THE LEASING AGREEMENT

abstract 1041410063 issue 104 pp. 839 – 850 30.12.2014 ru 1082
The presented publication is devoted to the analysis of legal nature of the contract of financial rent (leasing). The article presents the existing approaches to the concept of a leasing agreement, also attempted to determine the place of contract in the lease agreement
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