Scientific Journal of KubSAU

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

CONTENTS OF THE MAIN ELEMENTS OF THE CRIMINALISTIC CHARACTERISTIC OF FRAUD

abstract 1141510005 issue 114 pp. 66 – 75 30.12.2015 ru 1104
The article “Contents of the main elements of the criminalistic characteristic of fraud” written by the group of authors is of great importance today as the new points of the Federal Act №207 of the Criminal Code of Russia which provide for the criminal proceedings for fraud in lending; while getting payments; while using bank cards; in business sphere; in the sphere of insurance, introduced on November 29, 2012, still need to be developed and lack the methods of the investigation of such crimes. Consequently, the methods of preparation, committing and concealing of a crime, track formation mechanism are not determined and analyzed upon the materials of the forensic and investigative activities. The authors of the article have attempted to study the cases of the mentioned crime types and determine the ways of preparation, committing and concealing of a crime and track formation mechanism of the above-mentioned types of crime
366 kb

ABOUT REGULARITIES OF COOPERATION BETWEEN PRIVATE LEGAL AND PUBLIC LEGAL ORIGINS OF DISPOSITIVITY IN COURT JURISDICTIONAL PROCESS

abstract 1121508056 issue 112 pp. 749 – 760 30.10.2015 ru 1105
Level analysis of law enforcement cooperation between private legal and public legal origins was conducted in the aspect of dual nature of dispositivity in court jurisdictional process. On the basis of legislation’s investigation it is found that the apprehension of dispositivity on doctrinal level as the principle of judicial process, restricted by private legal aspect, doesn’t correspond to its legal dual-nature. It is showed that cohesive perception of dispositivity in court jurisdictional process is possible under the condition of its binary perception based on investigation of its private legal and public legal origins, providing their harmonic unanimity in the framework of dualistic approach. It the article it has been stated that even under the conditions of court process’ parties’ interests’ contradiction their warrants may be realized only under their cooperation with each other, which needs court’s contribution in the providing of their rights’ realization on equal terms. It is educed by researches that the cooperation of private legal and public legal origins of dispositivity is conducted on two (horizontal and vertical) levels of their law enforcement connections. Herewith the coordination of court process’ parties between each other occurs on horizontal level of cooperation, while the subordination of parties’ collaboration with the court occurs on the vertical level. The analysis of procedural legislation has educed general regularities of private legal and public legal origins of dispositivity in court jurisdictional process for different types of judicial proceedings. These regularities are: the realization of private legal origin, represented by the parties, with the relevancy stipulates the demand for public legal origin of dispositivity, represented by the court; the realization of public legal origin of dispositivity, represented by the court, with the relevancy stipulates the demand for private legal origin of dispositivity, represented by the parties of judicial process
134 kb

CIVIL LIABILITY OF PERSONS WHICH CONTROL THE DEBTOR

abstract 0981404106 issue 98 pp. 1486 – 1498 30.04.2014 ru 1111
This article investigates the problem of bringing a person who controls the debtor in insolvency proceedings (bankruptcy) to responsibility. The author analyzes the nature, conceptual framework and procedural features of imposing liability on a person who controls the debtor, offers direction of this institution
162 kb

THE CONCEPT AND METHODS OF PRIVATIZATION OF STATE AND MUNICIPAL PROPERTY

abstract 1001406046 issue 100 pp. 733 – 746 30.06.2014 ru 1114
In the article theoretic and practical problems of the privatization of the state property, introduction of amendments to the privatization legislation of the Russian Federation and regulation of processes of privatization are analyzed. Рolitical and economic reasons for privatization of big enterprises are considered, same primary problems of the process of selling the publicly owned companies and of the state financial control over the privatization are revealed
122 kb

PROBLEMS OF NOTIFYING THE OFFENDER ABOUT THE PLACE AND THE TIME OF DRAWING UP A PROTOCOL ON ADMINISTRATIVE VIOLATION

abstract 1341710009 issue 134 pp. 115 – 124 29.12.2017 ru 1116
This article is devoted to the study of problematic issues related to notification of the person brought to administrative responsibility, the place and the time of the drawing up of a protocol. Lack of proper regulatory legal regulation of the order of call of this participant in the process gives rise to ambiguous law enforcement practice. Non-recognition of the notice as appropriate leads to a decision to terminate the proceedings in the case of an administrative offense and, as a consequence, to the removal of the offender from punishment. The article analyzes various ways to notify people, the authors emphasize the merits and demerits of these methods. The conclusion of the article suggests ways of improving the legislation regulating the procedure for notifying persons about the need for presence to draw up a protocol
282 kb

ADMINISTRATIVE LEGAL REGIME OF ECOLOGICAL SAFETY: CONCEPT AND CONTENTS

abstract 1011407100 issue 101 pp. 1545 – 1574 30.09.2014 ru 1126
In the article we analyze the theoretical model of an administrative legal regime of ensuring ecological safety, as well as the elements of its contents reveal, the directions of improvement of an administrative legal mechanism of ensuring ecological safety of society and the state are offered
142 kb

LEGAL SUPPORT FOR PUBLIC CONTROL: PROBLEMS AND PROSPECTS

abstract 1101506093 issue 110 pp. 1397 – 1409 30.06.2015 ru 1133
In the article we reveal the basic problems of forming the legal basis of public control over the activities of public authorities. The relevance of this topic has been steadily increasing due to the increasing influence of civil society on the decisions made by public authorities. The authors analyze the provisions of the Federal Law "On the basis of public control in the Russian Federation", the regional laws, to fix the foundations of social control in some subjects of the federation, as well as other legal acts in this area. Special attention is paid to the formulation of the concept of social control and the conclusion of the need legislative consolidation of the concept of "individual public authority 'and a common list of agencies and organizations that operate them. Analyzing the law enshrined in the range of subjects of public control, the authors substantiate the feasibility of incorporating the Advisory Board at the government and public experts. On the basis of the provisions of the law, in this work we have determined the legal status of the subjects of social control, their powers and procedures of the in collaboration with the authorities, as well as the legal framework for the implementation of certain forms of social control. It is proposed to expand the interaction of subjects of public control with prosecutors by holding regular meetings to expand the powers of public monitoring commissions for visiting places of detention
164 kb

ABUSE OF RIGHT IN THE CASE OF PROPRIETARY RIGHTS

abstract 1061502029 issue 106 pp. 468 – 483 28.02.2015 ru 1138
The article is devoted to one of the most disputable categories of jurisprudence – to abuse by the right. The law does not allow the exercise of property 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 considers the already known issues with the application of the principle of the inadmissibility of abuse of the right, as well as the new ones in connection with the amendments to the Civil code of the Russian Federation. In particular, we investigate the principle of good faith 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 in the property-legal relations, 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 the article presents the author's notion of circumvention of the proprietary right. The author 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 term of abuse of right in the exercise and protection of property rights. The conscientiousness of participants of civil relations, as well as the intelligence is the proper limits of lawful behavior of the subject property relationship, the breaking of which allows detecting the signs of abuse of subjective civil law
135 kb

TACTICS OF CONFRONTATION

abstract 1141510049 issue 114 pp. 662 – 674 30.12.2015 ru 1140
As a part of the investigation carried out in the course of the investigation of crimes, a confrontation is very important. This article reveals the essence of the scientific production of the confrontation, the object and purpose of which is to establish the truth in the case. The investigator, in accordance with the Article 192 of the Code of Criminal Procedure of the Russian Federation has the right to decide on proceeding a confrontation, in cases when previously there were significant differences. In conducting confrontation, there are confirmed correct versions and the versions denied by others, it turns out the real facts of the case and eliminates significant contradictions in the testimony of previously interrogated persons. By making the decision to produce a confrontation, the investigator must be confident in the ability of the participant, who gave truthful testimony, to withstand the psychological pressure. This party should be prepared to create his "immunity" against future attempts to influence the other party to persuade to change readings, etc. Before the production of a confrontation, the investigator must draw up a plan in which the questions are formulated. Then prioritize questioning of participants of confrontation and identify tactics that can be applied in the course of its production. The investigator prepares a space for the production of confrontation, and audio, photo and video equipment. Different violations, errors during the confrontation, have the ultimate impact on the overall result of the preliminary investigation of a specific criminal case. In this regard, clarification of the nature of the confrontation has not only theoretical but also practical importance
129 kb

DEPOSIT FUNCTION AT THE PRELIMINARY AGREEMENT

abstract 1001406116 issue 100 pp. 1760 – 1769 30.06.2014 ru 1142
A functional analysis of deposits at civil law allows comprehend its destination and role in developing the dynamic of a law regulation of a property circulation in conditions of market economy. The authors present their point of view about the deposit use possibility to provide a preliminary agreement in the civil law
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