Scientific Journal of KubSAU

Polythematic online scientific journal
of Kuban State Agrarian University
ISSN 1990-4665
AGRIS logo UlrichsWeb logo DOAJ logo
Search by author's name Search by title
Sort by: Date Title Views
135 kb

PECULIARITIES OF LEGAL REGULATION OF INNOVATIVE ENTREPRENEURSHIP IN THE CONTEXT OF THE CONTEMPORARY REFORM OF CIVIL LEGISLATION

abstract 1041410019 issue 104 pp. 290 – 302 30.12.2014 ru 1084
The author notes that the last decade of XX century was a time of transition to innovative development in many countries. The article discusses the concept of innovative entrepreneurial activity in connection with the reform of the civil code. Russian legislation doesn’t have the Law "About innovative activity in the Russian Federation". Meanwhile, in the literature there are lots of interpretations of the "innovation" term
328 kb

CHANGING OF THE CONSTITUTIONAL SYSTEM OF THE RUSSIAN EMPIRE IN CONNECTION WITH ABDICATION OF NICOLAS II

abstract 1121508023 issue 112 pp. 305 – 315 30.10.2015 ru 1084
This article is devoted to the analysis of the historical event which was signing the Manifesto of 15 March, 1917 about abdication by the Nicolas II. We have considered the place, the role and the importance of the Russian emperor abdication in the decline of the Russian state system and the influence on declining of morality of Russian society in connection with the ensuing historical events. Using of the foundations of the constitutional system allocated by modern science of constitutional law, the authors conducted a comparative analysis of changes in the constitutional system of the Russian Empire, related to abdication of Nicolas II. The authors deliberately equated the concept of «the constitutional system» and «the state system» for evidence of existing state. As a result of the analysis, the authors concluded that the Russian Empire was characterized by signs of the state system, rather than the constitutional system in its modern sense. The signs allocated by authors are important for application of experience of the events occurring in the state during the reign of Nicolas II for their use and practical implementation at the present stage of development of the state. The authors do not agree with the point of view prevailing in historical science, defining Nicolas II as emperor, who preserved the remains of statehood in a difficult time for the Russian Empire and saved society from destruction. On the contrary, the authors consider that inconsistent destructive actions of Nicolas II caused the collapse of Russian Empire
121 kb

ABOUT FORMS OF REALIZATION OF THE FUNCTIONS OF THE STATE

abstract 1131509005 issue 113 pp. 70 – 79 30.11.2015 ru 1087
The article is devoted to consideration of questions of functions of the state and forms of their realization, which are of very great importance in the theory of the state and practice of its functioning. It can be explained with the next moments, first, to that in functions are shown essence of the state, its social appointment. The state representing the phenomenon of social life, it is characterized by extraordinary variety of directly observable and perceived manifestations. It is defined as a variety of the tasks solved by the state in various areas of life of society, and a variety of bodies, forms, methods and means of implementation of the state activity. In this regard studying of functions serves as the prerequisite of knowledge of the main thing and defining in the state. Secondly, functions of the state define its structure, i.e. ways, regularities of the organization of elements of the state as difficult system. Research of functions of the state and forms of their realization helps to estimate its opportunities, promotes deeper understanding of the mechanism of its interaction with other structures of society in the solution of the most important political, economic, social, ecological, cultural and other tasks. The correct establishment of functions of the state and definition of forms of realization of these functions promotes stabilization of the public relations and development of society in various spheres
133 kb

LEGAL REGULATION AND SCIENTIFIC APPROACHES TO THE CONCEPT OF “SANCTIONS”

abstract 1111507050 issue 111 pp. 861 – 872 30.09.2015 ru 1089
This article discusses the concept of "sanctions" in constitutional and international law, as it is controversial and debatable. The media and prominent politicians now often use the term "sanctions", it is connected to the Crimea to Russia, and a mixed assessment of the event foreign countries (countries of the European Union, Japan, Switzerland) and international organizations (the Council of Europe, NATO). The author explores different perspectives reveals several scientific approaches to the concept of "authorization". Theoretical aspects of the work were discussed in close connection with the practice, namely, analysis of the process of joining of Crimea to Russia from the point of view of international law and Russian legislation in this regard, the validity of the application of sanctions against the Russian Federation. We were also paying attention to types of sanctions. The article analyzes the comprehensive and targeted sanctions, their distinctive features and the need to use the "mirror" of sanctions for the Russian Federation. Particular attention is paid to the legal regulation of sanctions in international and Russian law. It is noted that in the Russian Federation, legislative regulation of the sanctions received only in the economic sphere. The author highlights some trends in the development of existing legislation in the field of sanctions
155 kb

PRIORITIES OF THE CONCEPT OF ENVIRONMENTAL SECURITY

abstract 1091505061 issue 109 pp. 901 – 912 29.05.2015 ru 1093
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
182 kb

DOCTRINAL FOUNDATIONS OF PLURALITY OF PERSONS IN CIVIL LAW

abstract 0981404086 issue 98 pp. 1190 – 1208 30.04.2014 ru 1095
The article examines the theoretical basis of the multiplicity of individual and joint ownership of civil rights and conscientious objection to civilian duties. The author explores the state of development of scientific problems of completely plurality of persons in civil law, proves the necessity to consider the multiplicity not through teaching about the object of civil rights, but through the subject of civil rights
132 kb

THE NEW ECONOMIC POLICY (NEP) AND THE REGULATION OF PROPERTY RIGHTS OF THE LANDS IN THE USSR DURING THE PERIOD OF ITS IMPLEMENTATION

abstract 0941310023 issue 94 pp. 311 – 323 27.12.2013 ru 1098
This article highlights the Bolsheviks's attempts to streamline land relations in the countryside and to direct the peasantry in channel of the collective land using during the period of the NEP. The author shows that these initiatives have not been successful, whereby the land problems have not been solved. Land in the village was still shared, rented, and actually bough
168 kb

LEGAL REGULATION OF DEVELOPMENT

abstract 1001406034 issue 100 pp. 590 – 606 30.06.2014 ru 1099
This article is explored the legal and organizational bases of development activity. The article considers the system of legislation regulating construction and development activities
155 kb

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

abstract 1091505051 issue 109 pp. 758 – 769 29.05.2015 ru 1103
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
373 kb

ABUSE OF RIGHT: CONCEPT, SIGNS, GENERAL CHARACTERISTICS

abstract 1121508141 issue 112 pp. 1967 – 1987 30.10.2015 ru 1103
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
.