Scientific Journal of KubSAU

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

DETECTIVE POLICE OF THE RUSSIAN EMPIRE IN THE WORKS OF DOMESTIC RESEARCHERS

abstract 1071503016 issue 107 pp. 243 – 258 31.03.2015 ru 1481
The article analyzes the most important works on the history, regulatory, and organizational and legal regulation of secret police of the Russian Empire engaged in the fight against criminal offenses, as well as a brief analysis and commentary of the content. It is noted that in the pre-revolutionary historiography special studies on the historical and legal analysis of the criminal investigation have been identified as the national system of secret police was formed only in 1908. In all Soviet historiography police detective, exactly like all public institutions of autocratic Russia as a whole was considered from the extremely negative side, with an emphasis on its "class, anti-national character" and "reactionary nature", within the established ideological dogmas that ultimately resulted in the loss of objectivity and distortion of the truth. Post-Soviet historiography is characterized by an almost total abandonment of rigidly set ideological attitudes that positively entailed as a new vector in the development of historical and historical and legal sciences in general and objective coverage of the problem in particular. During this period there were some published works, though fragmentary, which address the problems of Russian secret police in historical and legal aspects, taking into account the new conceptual approach
148 kb

THE LAW "TO THE ORGANIZATION OF THE DETECTIVE DEPARTMENT" ON JULY 6, 1908: ADVANTAGES AND DISADVANTAGES IN THE REGULATION OF THE DETECTIVE DEPARTMENT IN THE NATIONWIDE CRIMINAL INVESTIGATION"

abstract 1071503017 issue 107 pp. 259 – 271 31.03.2015 ru 1600
The article shows that in the late XIX - early XX century in Russia it was really bad crime situation. Therefore, on March 12, 1908 due to the orders of the Director of the Police Department, M.I. Trusevich it was formed "Department of Criminal Detective parts", so 8th paperwork Department, tasked with the general supervision over the activities of the detective department of the Empire. June 20, 1908 in the State Duma they discussed the draft law "To the organization of the detective department". July 6, 1908, approved by the State Council and the State duma, the law "To the organization of the detective department" was approved by the Highest Emperor Nicholas II. In accordance with the law there were approved the authorities of the criminal investigation in the largest cities of Russia. The article states that the total number of police detective was brought to 96 units. Analyzing the law in question, it should point to a number of shortcomings associated with its material component. Firstly, this is a minor detective department states even for the 1st category, which significantly reduces the impact of operational and investigative activities, in addition, the absence of the detective department states in the 3rd and 4th digits as an assistant chief of the Detective Department gave problems in cases vacation, business trip or illness head. But in the article there are different and positive aspects of the law. With the adoption of the law it became possible the creation of the All-Russian secret police system
170 kb

THE POLICE OF THE KUBAN REGION IN THE LATE XIX - EARLY XX CENTURIES: STRUCTURE, FUNCTIONS, STAFFING AND CONTENT

abstract 1071503018 issue 107 pp. 272 – 288 31.03.2015 ru 823
The article notes that in the XIX century by the name of the decree of the Emperor Alexander II there was formed the Kuban area, including the territories of the Black Sea Coast, North-Eastern part of the Kuban and Zakubanye. Based on the opinions of imperial approval of the State Council "On the permission for the Russian citizen of non-army class to settle and acquire property in the lands of the Cossack troops" from April 29, 1868, Kuban as a whole, and the town of Ekaterinodar, in particular, have received a significant increase in population, which meant the prospect of rapid economic development. The article states that in the period from 1869 to 1871 on the territory of the Kuban region there was a judicial reform, which had a result: from the January 1, 1871, alongside with the formation of new courts there were established new court departments of prosecution of the Ekaterinodar District Court. Along with this great transformation, taking place in the police, the Emperor Alexander II, with a view to changes and improvements in the apparatus of the police, approved the "Temporary Regulations for the structure of the police in towns and districts of the provinces, the general establishment of the governed", which provided preservation for the city police exclusively in provincial and major district towns, leaving it under domination of the police chiefs. The rest of the city and the county police subordinated to the county police departments headed by the county police officer
496 kb

LAND AND REGISTRY RELATIONS IN THE PERIOD OF THE RUSSIAN EMPIRE (1721 –1825)

abstract 1071503020 issue 107 pp. 302 – 317 31.03.2015 ru 861
Every stage of development of society is accompanied by the development of a state. Land has an inseparable connection with the development of a society as far as it is a basis of relations on possession, use and arrangement with it. Taking the analysis of considering period we see what kind of development was obtained by the land use. As well as we see the importance of these arrangements, firmly passing through centuries. For the describing period of the state moved from state property to the possibility of allotment reception in private hands. Concerning to land management, imitating the west experience and its own observations led it to a new level. It is important to notice that the high cost of living and the complexity of calculation and assessment of lands were always like that and we meet with them nowadays. The large reluctance of people to manage lands and pay taxes for that stands out beyond the state. Historically the origin of land cadastre is characterized under the objective necessity in obtaining of land data, as far as land is a source of getting material goods and the object of taxation. There was presented the transition of land use from simple account of lands to the qualitative land account and main replacement to land management of the territory. The jerk in the development of land-cadastre relations in the period of the Russian Empire is considered clearly
127 kb

PROBLEMS OF THE INSTITUTION OF ARBITRATION PROCEEDINGS UNDER LAW REFORM OF ARBITRATION COURTS

abstract 1071503036 issue 107 pp. 510 – 520 31.03.2015 ru 981
In this article we consider the problem of arbitration proceedings and suggest ways to address them. The peculiarities of the arbitration dispute resolution, allowing closer to understanding the nature and the legal nature of the arbitration court. The article analyzes the status of arbitrators in terms of law reform, the conclusion about the absence of common requirements that apply to this post. The attention focused on the absence of liability for breach of arbitrators order arbitration proceedings and the need to introduce. The article also highlights changes in the rights of legal entities to create permanent arbitration courts and analyzes the feasibility of such restrictions. Special attention is paid to the problem of creating "pocket" courts, which hamper the development of mechanisms for alternative ways of resolving civil disputes. A comparative analysis of established practices of arbitration courts in countries such as Brazil, Canada and the United States has been provided. We offer adding certain provisions of the legislation of these countries to the Russian legislation in order to improve the institution of arbitration proceedings. The authors highlight some trends in the development of the current legislation regulating the activities of the arbitration courts of relevance in today's economy
168 kb

GOVERNOR ORGANIZATIONS ACTIVITY LICENSING

abstract 1071503064 issue 107 pp. 939 – 954 31.03.2015 ru 1321
The author analyses the licensing of governor organizations activity in connection with amendments to the Housing Code of the Russian Federation by adoption of a Federal law of 21.07.2014 N 255-FZ «On amendments to the Housing Code of the Russian Federation, some legislative acts of the Russian Federation and on declare force Certain Provisions of Legislative Acts of the Russian Federation void » and the Government Resolution adoption of the of 28.10.2014г. N 1110 «On entrepreneur activity in apartment buildings’ government licensing». The urgency of the issue of the apartment buildings licensing activity is associated with the modernization of housing and communal services and legal regulation in this area. Introduction of the governor organizations activity licensing without securing in law the concept of "governor organizations" is a significant flaw of the legislator. As a result, the author gives the concept of governor organizations based on the analysis of scientific papers and current legislation. In addition, the article analyzes the introduction of licensing control, assesses the established order of the three registers on the governor organizations activity. The presented paper examines the experience of foreign countries associated with the activities on the apartment building common property management as well, and the state control over such activity. The authors examine violations of housing legislation that may cause the governor organizations and their officials’ administrative responsibility
133 kb

THEORETICAL AND PRACTICAL ASPECTS OF REALIZATION OF THE RIGHT FOR EDUCATION BY CITIZENS OF THE REPUBLIC OF SOUTH OSSETIA IN MODERN CONDITIONS

abstract 1071503069 issue 107 pp. 996 – 1006 31.03.2015 ru 994
The constitutional regulations of all countries guarantee their citizens the right to education. In the Republic of South Ossetia during last years we observed a process of modernization of the state. In particular, the legislation on education directed on guaranteeing the right of citizens for education has been developing. The state defined the main directions of a development of education, material and personnel resources, and also the problems in this sphere were revealed. One of key problems is insufficiency of financing of an education system which doesn't allow guaranteeing the right for education at the necessary level. The availability of educational institutions for students is essential to guarantee the right to education. Modern states establish minimum standards for primary, secondary and higher education. Thus, primary education must be universal, compulsory and free, and in case of its absence, elementary education should be encouraged or intensified. In the secondary, including vocational, education guaranteed openness and accessibility for all, including through "progressive introduction of free education". In the Russian Federation, the availability of educational institutions for students was solved comprehensively, but mainly due to the municipal reform, according to which the territory is rural and urban settlements were formed taking into account walking distance from the administrative center. The author proposes to consider similar experience for South Ossetia
190 kb

TO THE ISSUE OF RECOGNITION OF THE CITIZENS HAVING LOST THE RIGHT OF USING THE HOUSING ACCOMMODATION IN ACCORDANCE WITH THE CONTRACT OF SOCIAL RENT

abstract 1071503087 issue 107 pp. 1324 – 1341 31.03.2015 ru 892
In this article the authors analyze the issues concerning loss of a right of using premises due to the constant absence of the tenant, members of his family on the occupied living space by reason of their departure to another place of living, proposals for establishing the subject of proof in cases of this category are given. Now the problem of regulation of the relations at departure of the citizens living together with the tenant, in other constant place of a residence is actual and demands revival of institute of recognition of such citizens in a judicial order lost a right of use of premises. The authors point out that neither the Housing Code of the Russian Federation nor the Civil Code of the Russian Federation does not mention the cases of loss of the right of using premises. In addition, the presumption of temporary absence of the tenant and the members of his family in the living space there is in the Housing Code of the Russian This fact has given rise to a large number of negative consequences, and was a prerequisite to the admission of errors in judgments of courts. In this regard, the authors consider that it is necessary to consolidate the institute of loss of the right of using premises occupied by the contract of social rent in the Housing Code of the Russian Federation
159 kb

THE REFLECTION OF THE CONCERNS ABOUT THE DEFINITION OF A LEGAL PERSON AS THE SUBJECT OF CRIME IN MODERN CRIMINAL LEGISLATION OF RUSSIA

abstract 1081504008 issue 108 pp. 107 – 119 30.04.2015 ru 1238
The article sets out the authors ' opinion on the content of guidelines describing the opinions of Russian and foreign scientists in favor of the justification of criminal liability and punishment of legal persons, either against itself or, conversely, offering a compromise in the application of legal persons. Characteristic in this respect the authors of the article on the position of the Investigative Committee of the Russian Federation, submitted in 2011, the year the project enters into the criminal law Institute criminal legal action against businesses and provides theoretical justification for the project. Based on the position of experts in their field - investigators of the investigative Committee, we have identified the most known and well-established principles of the theory of criminal law disciplines. On the basis of the conducted analysis, the authors generated novel in the criminal law, which from the point of view of the authors, will have great application prospects in the Russian criminal practice. An additional argument supporting the need for improvement of criminal legislation in Russia are advanced legal state of the world, analysis of the criminal law which, which was also investigated by the authors
137 kb

USING EXPERTISE IN THE INVESTIGATION OF UNLAWFUL USE OF A TRADEMARK

abstract 1081504011 issue 108 pp. 150 – 160 30.04.2015 ru 995
The author of the article explores the order of the using the special knowledge in the investigation of the unlawful use of the trademark, the forms of the using special knowledge. It is impossible to carry out the investigation of the illegal use of a trademark just as other economic crimes without the use of the special knowledge. The main task which is solved by means of the expert research is finding of the use on the certain products of the alien trademark, this means there are mismatches of the product quality with the quality of the claimed trademark. No matter in what forms the special knowledge is used (the expertise, the professional judgment or the debriefing of the knowledgeable person), it should be used at the time of the inspection reports of the illegal use of the trademark. The author has examined the procedures of the competent person, who invited as a specialist during the inspection of the seizure, counterfeit products; he showed the sequencing of the action for the implementation of the examination by a specialist. During the inspection the expert must assist the investigator (inquirer) in the identifying of those attributes that point to counterfeit products. The characteristic signs of the counterfeit products were investigated. It is highlighted the need for special knowledge in the field of merchandising, for the conducting of the merchandising researches in the investigation of the unlawful use of the trademark, is also needed for the appointment and other examinations such as patents; computer, technical and forensic examination of documents
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