Scientific Journal of KubSAU

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

THE MAIN TRENDS OF THE INFLUENCE OF ILLEGAL USE OF NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ON CRIME

abstract 1041410147 issue 104 pp. 2127 – 2133 30.12.2014 ru 778
The aim of this article is to identify the main trends of the influence of illegal use of narcotic drugs and psychotropic substances to the crime. We considered the basic problems of drug addiction in the population, the spread of drug-crime relationship addiction and crime. The actual study of illicit use of narcotic drugs and psychotropic substances on crime is built methodologically on the following positions: comparative-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 the spread of drug addiction and drug crime. We have to determine the main trends of the illicit use of narcotic drugs and psychotropic substances to the crime and define the core area formation of the Russian anti-drug policies, taking into account the impact of demand (drug use) to proposal (drug crime), and feedback between drug supply and abuse of narcotic drugs and psychotropic substances
129 kb

CRIMINAL LEGAL ASSESSMENT MULTIPLE OFFENSES IN THE INTERPRETATION OF THE PLENARY SUPREME COURT OF THE RUSSIAN FEDERATION

abstract 1041410149 issue 104 pp. 2144 – 2152 30.12.2014 ru 1145
The article provides an overview of the resolutions of the Plenum of the Supreme Court of the Russian Federation, reflecting different approach to qualification of multiple offenses
103 kb

SOME QUESTIONS CONCERNING THE PROPERTIES OF THE INDIVIDUALITY OF THE VICTIM WHEN INVESTIGATING CRIMES AGAINST LIFE AND HEALTH, MOTIVATED BY ETHNIC, RACIAL OR RELIGIOUS HATRED OR ENMITY

abstract 1041410150 issue 104 pp. 2153 – 2159 30.12.2014 ru 664
The article discusses the features of the personality of the victim in cases of crimes against life and health, motivated by ethnic, racial or religious hatred or enmity with victimological perspective
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 1025
Authors discuss legal issues and protection of children from the inducement to use narcotic drugs, psychotropic substances or their analogues in Russia
123 kb

FEATURES OF LOAN COMMITMENTS IN FINANCIAL OBLIGATIONS

abstract 1051501027 issue 105 pp. 462 – 471 30.01.2015 ru 979
The article has examined the legal nature of borrowings. The author carries out a comparative legal analysis of debt obligations in comparison with the obligations arising from the contract of bank deposit, bank account agreement, loan agreement, factoring agreement, the insurance contract, the contract of storage. On the basis of a comparative research of the obligations arising from the loan agreement with the other financial liabilities we have determined the state of borrowings in the financial obligations. The author proves the general nature of the obligation of the loan in relation to other financial obligations. A contract of loan for the purpose of its subject and obligations arising from it is much closer to the lease contract and the loan, rather than to the same insurance contract or bank deposit. Borrowings are different from financial obligations only by the fact that its objects are things that contain generic characteristics, interchangeable and not individually defined, as it is in the case of contracts of property employment and loans. An important difference between the loan agreements from other financial instruments is the fact that in the loan agreement the property is transferred to the ownership and not in the possession and use of the borrower
116 kb

THE UNITY OF PRIVATE AND PUBLIC INTEREST IN PUBLIC-PRIVATE PARTNERSHIP

abstract 1051501036 issue 105 pp. 615 – 622 30.01.2015 ru 921
The article pays particular attention to the classification of members of PPP and their legal status. Proceeding from the classification, determined by the authors, the peculiarities of each type of members' legal status are pointed out. The authors have marked and analyzed the possibility of this or that legal subject to participate in public-private partnership. For each of the types of entities of public-private partnership the authors have given the characteristic of legal status. Features of the legal status have also been the subject of the analysis made by the authors. Certain aspects of the legal status of individuals involved in such a relationship were also considered. Considerable interest has caused the authors ratio of private and public interests of the participants of such relations. The authors have given a detailed analysis of particular interest in the implementation of business by the subjects of the partnership. The authors note that entrepreneurial activity, which combines private and public interests, is not only beneficial to each participant. In such cases, the subjects of entrepreneurial activity are social. The authors note that the State seeks to provide a normative framework for the subjects was profitable to engage in entrepreneurial relationship with the state or state agencies
121 kb

CORPORATE LAW IN RUSSIA: THE INFLUENCE OF "OUTSIDE"

abstract 1051501044 issue 105 pp. 738 – 748 30.01.2015 ru 932
The article is focused on questions of the legal status of new organizational forms - investment partnership and economic partnership. In this regard, the author examines the issues related to the influence of the doctrine of economic analysis of law on the Russian corporate law. The author notes that the creation of new types of entities should be based on the Civil Code of the Russian Federation. Creation of certain types of legal entities by the adoption of special laws is invalid. In the United States, the prevailing doctrine is the economic analysis of law. Therefore, the creation of new types of legal entities is quite simplified and is subject to the said doctrine. In Russia, the main business and civil relations is the Civil Code of the Russian Federation. Therefore, the creation of new types of legal entities must comply with its provisions. The author notes that creation of an investment partnership, as well as economic partnership, are new to the Russian law enforcement. Analysis of their legal status allows us to say that their design is unknown to the provisions of the Russian corporate law. The author notes that the legal status of these types of legal entities can not be called successful. Therefore, the author suggests subordinating any relationship involving commercial entities to the Civil Code
133 kb

COMMERCIAL LEGAL ENTITIES ACCORDING TO THE RENEWED CIVIL CODE OF THE RUSSIAN FEDERATION

abstract 1051501045 issue 105 pp. 749 – 758 30.01.2015 ru 906
The article is focused on the question of reforming Russian public and private companies’ law and the various problems that accompany the reform of civil law. So it is noted that the Civil Code still maintain the existing division of legal persons for commercial and non-commercial, but offered no new legal entities. This is largely due to the fact that the legislator seeks only to remove the gaps. The author notes the lack of commitment of the legislator to offer promising models of commercial legal entities. However, the author notes that the elimination of errors only available legislation is not enough. For completeness of legal regulation it requires a new approach to the reform of civil law. We require the same approach for entrepreneurs as well. These subjects of civil and business relations need new models of business. Creating new models should be a subject to certain logic of their construction. The entire list of models of commercial legal entities must be built on the principle of scale. That is, each model of commercial entity must be subordinated to this principle on the basis of their economic importance
166 kb

ANGLO-SAXON LEGAL FAMILY: GENESIS, MAIN FEATURES AND THE MOST IMPORTANT SOURCES

abstract 1051501058 issue 105 pp. 948 – 962 30.01.2015 ru 1709
The process of Anglo-Saxon law system development has been considered in the article. The main sources of Anglo-Saxon law have been analyzed and the interrelation of law and judicial precedent has been taken up
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
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