Scientific Journal of KubSAU

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

PROBLEMS OF DEFINITION OF A MOTIVE OF POLITICAL, IDEOLOGICAL, RACIAL, NATIONAL, RELIGIOUS HATRED OR ANIMOSITY, OR HATRED OR ANIMOSITY TOWARDS SOME SOCIAL GROUP IN ARTICLES OF SPECIAL PART OF CRIMINAL CODE OF THE RUSSIAN FEDERATION

abstract 0821208003 issue 82 pp. 28 – 39 31.10.2012 ru 1361
In this article we consider the content of a motive of political, ideological, racial, national, religious hatred or animosity for the subject of a right interpretation of this motive in articles of special part of criminal code
133 kb

PROBLEMS OF ESTABLISHMENT OF INSTITUTION OF LIABILITY FOR BREAKAGE OF LABOR AGREEMENT PARTIES IN THE SCIENCE OF LABOR LAW

abstract 0881304049 issue 88 pp. 721 – 733 30.04.2013 ru 1476
Head of the of labor law chair Origins of an establishment of an institution of a liability for a breakage of labor law agreement of parties, its development in a legislation on labor and a science of labor law, posi-tions of scientists not admitting a complex of norms of the XI part of Labor Code of the RF by institution of a liability for breakage are researched in this article and an argumentation of an groundlessness of these opin-ions is cited as well
155 kb

PROBLEMS OF LEGAL REGULATION OF FREE LEGAL HELP

abstract 1161602039 issue 116 pp. 575 – 587 29.02.2016 ru 619
The authors of the article analyze the legal grounds of free legal assistance marking the novels of legislation regulated by the federal law “On free legal assistance in the Russian Federation” and problems connected with its realization. There were given the characteristics of subjects of state and non-state systems of free legal assistance in the article. The special attention is paid to the specificity of the activity of state and municipal agencies, legal clinics, non-state centers of free legal assistance. The authors consider the peculiarities of legislation of the subjects of the Russian Federation setting the guarantee of rights on getting of free legal assistance. The problems of legal assistance under the presenting of citizens’ interests in arbitrary courts, problems of legal clinics assistance quality, problems of legal provision of the activity of municipal legal agencies are analyzed in the article. Due to the practice of realization of legislation in the Krasnodar region there were made the conclusions on the reasonability of extending of the list of citizens’ categories having the right for free legal assistance and cases of such assistance, giving the compulsory authority to the agreement on free legal assistance; the introduction of the article on municipal legal agencies into the Federal law; working outs of standards of the activity of legal clinics and systems of preparations to the legal assistance of students and teachers
126 kb

PROBLEMS OF LEGAL REGULATIONS OF NATURAL SCIENCE AND THE VALIDITY OF POLYGRAPH IN CRIMINAL INVESTIGATION

abstract 0961402041 issue 96 pp. 586 – 595 28.02.2014 ru 1524
The article discusses the problematic issues of polygraph during the preliminary investigation
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
145 kb

PROBLEMS OF PRAVOSUB'EKTNOSTI OF AGRICULTURAL COOPERATIVES

abstract 1201606079 issue 120 pp. 1199 – 1210 30.06.2016 ru 549
In this article the legal capacity and capacity of agricultural cooperatives fixed by the existing civil legislation of the Russian Federation, and also the international acts is considered. The concept and the maintenance of right subjectivity of legal entities in relation to such special look as agricultural production and agricultural consumer cooperatives is analyzed. The main essential differences in legal status and the maintenance of legal capacity of agricultural production and agricultural consumer cooperatives on the basis of the analysis of the agricultural cooperative legislation, law-enforcement practice and the existing points of view of various authors (scientists-lawyers) are determined by this perspective in scientific literature. Proceeding from the detailed historical analysis cooperative legislative (both Russian, and international), and also the operating standard establishments, scientific views logical conclusions are drawn on lack of essential differences in legal status of agricultural production and agricultural consumer cooperatives. Besides, the reasoned conclusions are drawn on special legal status of agricultural cooperatives in system of legal entities and on shortcomings of the existing Russian civil legislation defining the bases for classification of legal entities and establishing their legal status. For the purpose of improvement and solution of problems of right subjectivity of agricultural cooperatives a number of measures of legislative character which are able to afford not only to allocate, isolate especially agricultural cooperatives from other organizational and legal forms of legal entities is offered, but also to make them the independent subjects of business activity possessing specific inherent only it right subjectivity that will allow to give them the special status and to increase their appeal and efficiency for the purpose of revival of agricultural branch of economy of Russia
115 kb

PROBLEMS OF QUALIFICATION OF COMPUTER CRIMES

abstract 0901306048 issue 90 pp. 725 – 734 30.06.2013 ru 1402
The article is dedicated to some troubles witch arising in the qualification of crimes in the sphere of computer information. It shows the different points of view, and, on this base, proposes the ways of improving current legislation. Some positive changes of the Russian legislation are considered
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 998
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
166 kb

PROCEDURAL INDEPENDENCE OF THE INVESTIGATOR AND JUDICIAL REVIEW OF PRELIMINARY INVESTIGATION

abstract 1031409060 issue 103 pp. 900 – 914 30.11.2014 ru 1743
Judicial review is a necessary and sufficient guarantee of the rights and legitimate interests of participants in criminal proceedings. The only judicial control over the investigation of crimes will expand unreasonably narrowed the boundaries of procedural autonomy and independence of the investigator, will enhance the efficiency, agility pre-trial proceedings. These and other problems were considered by the author from the perspective of theory and practice, as well as in the aggregate of rules of the code of criminal procedure regulating the activities of the investigator
120 kb

PROCEDURAL RELATIONS OF THE PROSECUTOR AND THE INVESTIGATOR ACCORDING TO CHARTER OF CRIMINAL PROCEEDINGS, 1864

abstract 1131509117 issue 113 pp. 1668 – 1676 30.11.2015 ru 868
This article "The Procedural relations of the Prosecutor and the investigator according to Charter of criminal proceedings 1864" is devoted to the investigation of some historical aspects of criminal and legal proceedings of the Prosecutor and the investigator according to Charter of criminal proceedings 1864. It discusses the Prosecutor’s and the investigator’s functions and competency in comparison with the current criminal procedure legislation, there is continuity of many of the provisions as well
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