Scientific Journal of KubSAU

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

MEANS OF INDIVIDUALIZATION OF LEGAL PERSONS: QUESTIONS OF THEORY AND PRACTICE

abstract 1131509113 issue 113 pp. 1613 – 1625 30.11.2015 ru 1029
The article is devoted to the objects of practice and theory of the means of individualization of legal entities. Individualization of a legal entity - it is when it is allocated from the mass of all the other organizations. A legal person acts under its brand name, which is defined in its founding documents and is included in the state register. The main function of the means of individualization - select an object or a subject of the total weight of the homogeneous objects or subjects. Legal regulation and the legal protection provided by international regulations and legislation in different countries. The high relevance of the topic because it is the development of today's world market and contributes to increasing the role and need for individualization of goods and means of legal protection
104 kb

MAIN TANDENCY OF THE MODERN SYSTEM OF THE RUSSIAN CIVIL LAW AUTHORITIES DEVELOPMENT

abstract 0621008029 issue 62 pp. 339 – 347 28.10.2010 ru 2125
This article discusses the basic tendencies of development of the civil law authorities under the influence of globalization and integration processes
112 kb

LIABILITY FOR BREACH OF SHAREHOLDER AGREEMENT

abstract 0801206007 issue 80 pp. 81 – 91 30.06.2012 ru 1751
The article analyzes company law rules providing for liability for non-performance of shareholder agreements. Ways to protect shareholders` right are reviewed
132 kb

LENIN'S IDEA OF NATIONALIZING THE LAND AND ITS IMPLEMENTATION IN THE FORMATION OF LEGISLATIVE FRAMEWORK DEFINES THE STATUS OF LAND OWNERSHIP AFTER THE OCTOBER REVOLUTION

abstract 0941310022 issue 94 pp. 299 – 310 27.12.2013 ru 1474
The article reveals Lenin's idea of nationalization, which was justified by Lenin at the end of 19th and early 20th centuries on the basis of the Marxist doctrine. The author has shown that (supported by the Russian Social-Democratic Party (Bolsheviks)), this idea has become materialized, leading to the fact that all the land was declared public property, one of the state fund, which on behalf of the State can be disposed by the Soviet authorities of different levels
988 kb

LEGALITY OF THE PRELIMINARY INVESTIGATION AGENCIES REGULATIONS

abstract 0721108009 issue 72 pp. 107 – 113 30.10.2011 ru 1704
The legal entities of the preliminary investigation agencies that are authorized to make decisions and draw regulations at this stage are an investigator, a detective, the Head of the investigative division, the supervisor of the investigative body, a prosecutor. The requirement for the legality of the regulations issued by the above-mentioned legal entities develops with the initiation of the criminal case. Such requirement is applied to the decisions made by an investigator or a detective under the common rule
142 kb

LEGAL SUPPORT FOR PUBLIC CONTROL: PROBLEMS AND PROSPECTS

abstract 1101506093 issue 110 pp. 1397 – 1409 30.06.2015 ru 1136
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
183 kb

LEGAL RELATIONSHIP AND SUCCESSION TO THE INHERITANCE

abstract 1131509116 issue 113 pp. 1649 – 1667 30.11.2015 ru 1614
The authors of the article consider and analyze various points of view upon hereditary legal relationship and the nature of universal succession to the inheritance. The matter of hereditary legal relationship appears due to the death of the testator. Hereditary legal relationship arises on various bases, which grow from the facts: discovery of inheritance, acceptance of inheritance, refusal of inheritance, execution of the will, hereditary transmission and other legal relationship. The authors come to the conclusion that the change of the testator as subject in any of the legal relationship existed during his lifetime is impossible without the whole complex of the hereditary relations, and while some (the relations on protection of hereditary property, division, etc.) can be avoided in the course of transition of hereditary property, the others (discovery of inheritance, acceptance of inheritance) are necessary. In each legal relationship the successor perceives the whole legal situation of the testator, that is in each legal relationship the rights which are the object of the relation will be passed to him. The contents of hereditary legal relationship claim that inheritance represents the transition order protected by the law after the death of a citizen (testator) of the things owned by him on the right of a private property, the property, and also property rights and duties to one or several persons (successors) as universal succession. In the case of universal hereditary succession, the rights and duties are passed to the successor with one act, without a transfer by their first owner, and the passed rights and duties continue to be estimated on the identity of the first owner. Finally the authors come to the conclusion that universality designates transition of the rights as well as the testator’s duties (except those inseparably linked with the identity of the testator) as a whole when the successor can't selectively accept some rights and duties, having refused the others. Restriction of responsibility of the successor for the testator's debts with the size of hereditary volume does not change the essence of universal succession in this regard
133 kb

LEGAL REGULATION OF THE LEGAL RESPONSIBILITY OF OFFICIALS OF JUDICIAL POWER IN THE RUSSIAN EMPIRE (XVIII-XIX CENTURIES)

abstract 0951401049 issue 95 pp. 885 – 896 30.01.2014 ru 1156
The legal responsibility of judicial department’s officials – one of central elements of their legal status, which main aim is raise office discipline level in system of judicial power of the pre-revolutionary Russian state
168 kb

LEGAL REGULATION OF DEVELOPMENT

abstract 1001406034 issue 100 pp. 590 – 606 30.06.2014 ru 1110
This article is explored the legal and organizational bases of development activity. The article considers the system of legislation regulating construction and development activities
123 kb

LEGAL REGULATION OF CIVIL SERVANTS’ DISCIPLINARY RESPONSIBILITY UNDER THE RUSSIAN PRE-REVOLUTIONARY LEGISLATION

abstract 0771203096 issue 77 pp. 1133 – 1143 30.03.2012 ru 1554
The article examines the problems of civil servants’ disciplinary responsibility in pre-revolutionary Russia. The specified legal institute during that period had close interrelation with criminal responsibility institute as the legislation accurately didn’t divide disciplinary and a criminal responsibility. In the pre-revolutionary period had been laid by the legislator generally, the system of norms and rules, which was called to improve the quality of government, a level of service discipline, an authority of public service had been formed
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