Scientific Journal of KubSAU

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

FEATURES OF THE METHODOLOGY OF TRANSFORMATION OF THE INFORMATION FOR INVESTIGATION OF CRIMES IN A SITUA-TION OF INFORMATION UNCERTAINTY

abstract 0821208027 issue 82 pp. 346 – 355 31.10.2012 ru 1282
This scientific article is devoted to the issues related to the peculiarities of the methodology of transformation of the information in the investigation of crimes in situations of uncertainty of information
166 kb

TO THE OBJECT AND SUBJECT OF CRIMI-NALISTICS

abstract 0961402044 issue 96 pp. 635 – 654 28.02.2014 ru 1288
In this scientific article the author analyzes the opinions of various scholars-criminalists, and the subject of criminalistics. The author of the article came to the conclusion that you need to save the theoretical definition of the object and the subject of criminalistics, proposed by R.S. Belkin. However, the author offers his opinion about necessity of carrying out of scientifically-practical conference with the international participation, devoted to the problem investigated in the article, and also offers the main directions for development of the science of criminology
106 kb

USE OF EXPERTISE IN THE INVESTIGATION OF THE MURDERS OF A MOTHER OF A NEWBORN CHILD

abstract 0931309051 issue 93 pp. 748 – 757 30.11.2013 ru 1296
This article is devoted to the research of the use of special knowledge in the investigation of murders committed by mother of a newborn child; it discusses the most common types of expertise, appointed for this category and describes their specific features
238 kb

THE LIMITS OF PROSECUTORIAL SUPERVISION IN ROAD TRAFFIC SAFETY

abstract 1021408013 issue 102 pp. 231 – 257 31.10.2014 ru 1300
The article attempts to reach the concretization of the concept of "limits of prosecutorial supervision" in relation to the implementation of supervisory activities in road safety
210 kb

TO THE QUESTION OF THE LEGAL CAPACITY OF NON-PROFIT ORGANIZATIONS IN THE LIGHT OF THE REFORM OF CIVIL LEGISLATION OF RUSSIA

abstract 1021408062 issue 102 pp. 959 – 981 31.10.2014 ru 1301
During 6 years since 2008 active work on the reformation of the Russian civil legislation has been carried out. The legal capacity of non-profit organizations and improvements in its content proposed by the authors of the reform are considered in the article. The proposed changes wait for the researchers
147 kb

SYSTEMATIZATION OF CRITERIA FOR IDENTIFICATION OF EXTREMIST CRIMES

abstract 0981404016 issue 98 pp. 218 – 230 30.04.2014 ru 1303
Active development of public relations entails its reflection in the criminal legislation of the Russian Federation. Currently, the issue of improving the criminal law remains relevant. In this regard, this article focuses on one of the most important tasks - structuring the legislative system of the Criminal Code of the Russian Federation, ordering criteria for identifying extremist crimes relative to the object of criminal law protection. Author considered necessary and legislative decision ordering the crimes of extremist orientation within a separate section of the Criminal Code which doesn’t reducing the status, the social danger of the crime and other crimes of extremist orientation
135 kb

GENERAL ISSUES OF DETERMINING THE MEANS, METHODS OF INVESTIGATION, AS THE STRUCTURAL ELEMENTS OF FORENSIC METHODOLOGY

abstract 1131509095 issue 113 pp. 1343 – 1354 30.11.2015 ru 1303
In the article, we have considered issues of the subject of the investigation and determination of the investigative actions necessary to establish circumstances of the crime. The article shows the role of investigative situations in the methodology of the investigation
185 kb

ECOLOGICAL CRISIS AND ITS LEGAL PROBLEMSOVERCOMING

abstract 0911307100 issue 91 pp. 1453 – 1473 30.09.2013 ru 1304
The article studies the problems of correlation of protection of environment and provision of environmental security including the problem of organizational mechanism of protection of environment in the process of ensuring environmental security
161 kb

TO THE QUESTION OF BUYING AND SELLING LIVING QUARTERS CONTRACT’S PECULIARITIES, CORRESPONDING TO THE ECONOMY CLASS LIVING RATING CONDITIONS

abstract 1141510089 issue 114 pp. 1173 – 1187 30.12.2015 ru 1308
The article is devoted to the questions connected to the buying and selling quarters contract’s peculiarities investigation, corresponding to the economy class living rating conditions. It is specified to the factors which are the obstacles for the accessible and comfortable housing in Russia. As a result, it is found out that the following relations regulated by the Federal Law, not by the Civil Law. Peculiarities of such kind of contracts, at first, connected with the object of contract’s investigation. As a reason, it is necessary to work out and affirm conditions when living quarters correspond to the economy class living rating. Special attention in the following article is paid to the specification of the conditions. One of the important things, which characterize the contract, is its subject compound. While law investigation it was found out parties of the buying and selling living quarters contract, corresponding to the economy class living rating conditions. We have also brought out the citizens’ class, having right to purchase economy class living. We have determined them as poor families, having many children and law level of income citizens
134 kb

THEORETICAL APPROACHES TO THE DEFINITION OF LEGAL CAPACITY IN CIVIL LAW OF RUSSIA AND FOREIGN COUNTRIES

abstract 1341710023 issue 134 pp. 273 – 282 29.12.2017 ru 1311
The article is devoted to the analysis of the concept of legal capacity, which is one of the fundamental concepts in the science of civil law. The authors have covered approaches to the disclosure of this concept in the legal systems of foreign countries. The common features inherent in all considered variants of interpretation were revealed. Legal capacity is a sufficient criterion for establishing the fact of the legal existence of a legal entity. In accordance with Art. 17 of the Civil Code of the Russian Federation, legal capacity is the ability of an individual to have rights and bear responsibilities. The emergence of the legal capacity of an individual is determined by the moment of his birth (clause 2 of Article 17 of the Civil Code of the Russian Federation). Accordingly, the termination of legal capacity is determined by the moment of biological death (clause 2 of Article 17 of the Civil Code of the Russian Federation), since the subject of law no longer exists. If the person has been declared dead, but in fact is alive, this does not detract from his legal capacity, he automatically continues to use his legal capacity, respectively to enjoy the full range of rights and bear the responsibilities. In the scientific literature, both passive and active legal capacity are distinguished. The authors study different approaches, shows the lack of a common understanding of legal capacity, but all analyzed doctrinal approaches have a common feature - all reflections concern a certain person, his rights and duties. The authors concluded that the key component of legal capacity is the ability to be a subject of statutory rights and obligations
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