Scientific Journal of KubSAU

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

PECULIARITIES OF FORMATION OF GERMANY AND FRANCE CONSTITUTIONAL SYSTEM IN NEW TIME: COMPARATIVE-LEGAL ANALYSIS

abstract 0941310021 issue 94 pp. 278 – 298 27.12.2013 ru 1589
Peculiarities of constitutional system formation in Germany and France in new time are revealed in the article. It is shown that the political events in one state indirectly affected the legal system of another state
109 kb

PARTICULARITY OF THE ESTIMATION OF EXPERT'S STATEMENT

abstract 0621008044 issue 62 pp. 506 – 513 28.10.2010 ru 2107
In accordance with the Article 17 of the Criminal Code of the Russian Federation, expert evidence is not of the predetermined force for a detective, an investigator, a prosecutor, a judge and a jury. However, historically it is actually estimated as specific evidence different from the other. As early as before the revolution in Russia a court expert was considered to be a scientific judge. An expert is a judge of the facts whose evidence on the case is not actually estimated along with the other types of evidence
338 kb

PARTICULAR ISSUES OF LEGAL REGULATION OF HOUSING COOPERATIVES MEMBERS RIGHTS

abstract 1121508133 issue 112 pp. 1829 – 1845 30.10.2015 ru 1419
The authors analyze the question of the legal problems of protection of the rights of members of housing co-operative. The article shows the history of the development of this institution in the Russian Federation and its status. Of interest is the historical analysis of the legal institution, as well as the issue of protecting the rights of members of housing cooperatives throughout the history of their existence in our country. The author concludes that there is a need to improve existing legislation on housing cooperatives. In particular, the authors propose amendments to the Housing Code of the Russian Federation and other federal laws governing these legal relationships. The article provides the change of certain provisions of existing legislation that would allow better quality approach to the protection of the rights of members of housing co-operatives, as well as their regulation in general. As well, the authors indicated some legal problems that occur in practice arising from members of housing co-operative in their defense. The analysis of the legal practice of various courts of the Russian Federation has been carried out. Following consideration of the practical problems has been offered for both theoretical and practical ways to address them in order to prevent violations of the rights of members of housing cooperatives in the future
149 kb

PARLIAMENTARY CONTROL: NOTION AND APPOINTMENT

abstract 1161602040 issue 116 pp. 588 – 600 29.02.2016 ru 688
The present article is devoted to the institute of the Parliament control in Russian Federation, its role and importance in the structure of functions of the Parliament of Russia. The authors of the article analyze the different approaches to the notion of the Parliament control in the theory of constitutional law, in federal and regional legislation. The author’s definition of the Parliament control is formulated. The focus on the necessity of the clear setting of the present term in the present legislation of the Russian Federation is made. In the article there were reflected the ways of the Parliament control, there were given their characteristics. The authors state the key and secondary aims of the Parliament control set in the federal law. In the article there was given the characteristics of the principles of the Parliament control set in the federal law. The authors offer to extend the list of present principles of the Parliament control with the aim of the deeper understanding of its essence. The authors pay to the special attention to the role and the importance of the institute of the Parliament control in the Russian Federation, its influence on the development of the legal civil society in Russia. The special role of the Parliament as a representative institution of the people expressed its role. The assessment of the effectiveness of the execution of the Parliament control by the Russian Parliament on the modern stage of the country’s development is given. The problems of the trends of the improvement of the Parliament control are touched
149 kb

OVERVIEW OF THE HISTORICAL DEVELOPMENT AND CURRENT STATUS OF INSTITUTE OF NECESSARY DEFENSE AND ITS PRACTICE APPLICATION

abstract 1231609069 issue 123 pp. 999 – 1010 30.11.2016 ru 999
Relevance of the chosen topic is caused by existence of disputable issues in the practice of application of norms regulating institute of necessary defense in the Russian criminal legislation. In the present article the analysis of the current state of this institute of criminal law and a brief overview of the judicial practice of its application is made. Process of formation and development of institute of necessary defense in ancient foreign and Russian sources of law and sacred books is considered. The questions of limits of legitimacy of necessary defense and consequences of their excess are raised. The authors of the article have paid special attention to the analysis of conditions of legitimacy of necessary defense. Such conditions are traditionally divided into three groups: the conditions relating to protection; the conditions relating to encroachment; the conditions relating to the harm. The different points of view concerning improvement of system of conditions of legitimacy of necessary defense are considered. The authors give examples from modern court practice which allowed revealing obvious gaps of the criminal law in this sphere. They also formulated the proposals for improving the legislation. The authors consider important extension of the list of factors, which, together with the unexpectedness of encroachment, can be the basis for recognition of actions of the defending person legitimate
112 kb

OVERCOMING OF CONCEALMENT AND EX-TERMINATION OF EVIDENCE

abstract 0621008041 issue 62 pp. 474 – 482 28.10.2010 ru 1810
Concealment is a common form of resistance to the investigative process. The author of the article suggests that each investigator should leave some comments added to the case papers in a form of a reference on the peculiar details concerning the concealment and the reticence of the evidence on the case in order to prevent the colleagues from possible mistakes in the further investigation
210 kb

ORIGIN AND DEVELOPMENT OF THE MUSLIM LAW AND ITS MAIN SOURCES, INFLUENCE OF WESTERNIZATION ON LEGAL SYSTEMS OF MUSLIM COUNTRIES AND ISLAMIZATION OF ROMANGERMANIC AND ANGLO-SAXON LEGAL FAMILIES

abstract 1111507010 issue 111 pp. 173 – 191 30.09.2015 ru 1165
The article discusses the Genesis of Islam and its role in the development of Muslim law family, highlights the main sources of Muslim law legal families. It is noted an important role of standards in Islamic law developed by the theologians of the activities in the process of interpretation in filling gaps in the law. All this has led to the emergence of different schools or sects, which contributed to the creation of many ideologically warring with each other Muslim sects. The followers of these movements convince their supporters that the rest courses are false. The article notes that currently, in general, the Muslim law has not lost its position. Modern Islamic community of the world has about a billion and a half followers. The Muslim law has not only maintained its position, but also extends its sphere of influence. Islam – the youngest world religion - enters the countries whose people earlier professed Christianity, Hinduism, Buddhism, etc., the Followers of Islam, moving to other countries, almost do not assimilate. So, the Islamic community in Europe is practically not subjected to European influence. Some of the legal institutions in a number of non-Muslim countries are subjected to Islamization. In some countries, Islamic law is not considered as legally valid, but it works in fact. This happens in the Muslim enclaves of Europe, it is happening in Russia, particularly in the republics of the North Caucasus
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 1050
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
401 kb

ORGANIZATIONAL ASPECTS OF TYPICAL PATTERNS OF CRIME MECHANISM IN THE SPHERE OF ILLEGAL WEAPON AND AMMUNITION TURNOVER

abstract 1131509080 issue 113 pp. 1094 – 1143 30.11.2015 ru 8231
This article is important today because there is not enough attention in the contemporary law publications paid to the typical patterns of crime mechanism especially in the sphere of illegal weapon and ammunition turnover. Taking into account the opinions of such well-known forensic scientists as R.S. Belkin, V.D. Zelensky, G.M. Meretukov, M.V. Golovin, V.A. Obraztsov, J.G. Korukhov, V.Y. Koldin, O.V. Chelysheva, L.Y. Drapkin, V.N. Karagodin and others, the author comes to the conclusion that it’s necessary to develop typical patterns of crime mechanism for certain types of crime. The author has worked out some typical patterns of crime mechanism in the sphere of illegal weapon and ammunition turnover based upon major informative criminalistic elements, this particular article describes seven typical patterns of crime mechanism for the illegal storage, transportation, transfer, carry, purchase and sale, manufacture, repair or alteration, theft or extortion, careless storage or improper performance of duties on protection of weapon, its basic parts and ammunition. Each pattern is accompanied with the examples of judicial and investigative practice, followed by the necessary explanations and analysis of the activities of the subject of the investigation on the preparation, followup and final stages, which leads to the conclusion about the legitimacy of the proposed patterns
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