Scientific Journal of KubSAU

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

ISSUES OF THE LEGALITY OF OPERATION AND SEARCH ACTIVITIES AND PREVENTION OF PROVOCATION IN THE CASES ABOUT BRIBERY

abstract 1341710062 issue 134 pp. 771 – 781 29.12.2017 ru 431
The article deals with the use of methods of operativeinvestigative activities in cases of bribery, inadmissibility of provocation by certain employees of operational units of law enforcement bodies against persons being developed in operational accounting cases. At the same time, the main attention is paid to strict observance of the criminal procedural legislation in the fight against this type of criminal activity; some problems associated with imperfection of the regulatory legal regulation in the course of operative investigation activities in the investigation of corruption crimes are investigated. The circle of subjects of provocative actions at stages before excitation of criminal case and carrying out of preliminary investigation is defined. The reasons and problems of revealing provocative actions are considered at carrying out of operatively-search actions on affairs about bribery. The spectrum of possible operative-search measures, which can be conducted with the purpose of revealing and fixing the facts of bribery, is analyzed. An assessment is made of the possibility of using the results of such an operational-search activity as an operational introduction in establishing the facts of bribery. An analysis of the judgments of the European Court of Human Rights on cases of provocative actions during the conduct of operational-search activities at various stages of criminal proceedings in criminal cases on bribery
147 kb

INVESTMENT ACTIVITY OF NON-STATE FOUNDS OF RUSSIA

abstract 1181604019 issue 118 pp. 364 – 375 29.04.2016 ru 1746
Currently, pension by virtue of their social significance in favor of one of the main socially important guarantee of stable development of society, to ensure the financial and budgetary sphere of the state. Private pension founds are viewed as an instrument to raise the material well-being of pensioners. The social significance of non-state pension funds is to involve the population in the sphere of voluntary pension insurance. The author analyzed the role of non-state pension funds in acting to pension system. The article subjected to a detailed analysis of the norms of a number of Federal laws, fixing the investment activity of non-state pension found. The author concludes that there is a need to improve existing legislation on investment activity of non-state pension found. As well, the authors indicated some legal problems that occur in practice arising from owners of the investment portfolio. The authors have analyzed the performance of pension funds and formed an opinion about the state of the whole system. Following consideration of the practical problems has been offered for both theoretical and practical ways to address them in order to prevent violation
126 kb

INVESTIGATIVE SITUATIONS OF THE INITIAL STAGE OF INVESTIGATION OF CRIMES AGAINST FAMILY AND MINORS

abstract 1211607115 issue 121 pp. 1840 – 1849 30.09.2016 ru 661
The article describes the contents of typical investigatory situations in the initial phase of the investigation of crimes against family and minors and the investigation version is based on the situation. We have also described an algorithm of investigation of each situation
112 kb

INVESTIGATIVE INSPECTION, SEIZURE AND SEARCH IN THE INVESTIGATION OF CRIMES AGAINST FAMILY AND MINORS

abstract 1231609082 issue 123 pp. 1182 – 1189 30.11.2016 ru 920
The article describes the content of an investigative inspection, a search, a seizure in the investigation of crimes against the family and minors. There were described the objects and the targets of these investigative actions in various types of crime, as well as trafficking in children
167 kb

INTER-INDUSTRY AND INTRA-INDUSTRY COMMUNICATION NORMS OF THE CIVIL LAW, ESTABLISHING THE LEGAL REGIME OF DANGEROUS OBJECTS OF THE REAL ESTATE

abstract 0981404020 issue 98 pp. 268 – 282 30.04.2014 ru 1476
This article is devoted to legal regulation especially dangerous objects of the real estate. The paper discusses the various legal links between the different sources of law, establishing the legal status of such real estate objects
133 kb

INSURANCE PROPERTY LIABILITY OF MEMBERS OF SELF-REGULATORY ORGANIZATIONS: THEORY AND PRACTICE

abstract 1061502027 issue 106 pp. 442 – 450 28.02.2015 ru 805
The article subjected to a detailed analysis of the norms of a number of Federal laws, fixing the liability insurance for members of self-regulatory organizations. The author shows the benefits of liability insurance of members of self-regulatory organizations in comparison with another way to ensure property accountability is the compensation Fund of the self-regulatory organizations. It turns out the legal nature of the contract of insurance property liability of the members of self-regulatory organizations, types of property risks in the insurance contract that applies to the members of self-regulatory organizations. It is noted that the issue of liability under contracts of members of self-regulatory organizations in the Federal law "On self-regulating organizations" not resolved, fixed only need to create a personal and (or) collective insurance. In practice, insurance agents offer to insure the contractual liability as liability for injury that, according to the author’s opinion, is not complying with the law, including the standards of article 931 of the Civil Code of the Russian Federation. The issue of the conclusion of the construction contract of property insurance liability of members of self-regulatory organizations is also discussed by the author, as well as the necessity of the using in such a situation the rules of the Law "On insurance" about the contract of financial risks insurance. The necessity of changes and amendments of the current legislation of the Russian Federation on insurance property liability of members of self-regulatory organizations is proved by the author
163 kb

INITIATION OF A CRIMINAL CASE AND THE CIRCUMSTANCES THAT MUST BE THE IDENTIFICATED IN CASES OF BRIBERY

abstract 0851301021 issue 85 pp. 274 – 290 28.01.2013 ru 1613
This scientific article is devoted to the issues related to the initiation of a criminal case and the circumstances, subject to establishment of cases of bribery
130 kb

IMPROVEMENT OF LAW REGULATION OF COMMON PROPERTY AND PLURALITY OF PERSONS IN CIVIL LAW IN THE PROJECT OF CHANGING THE CIVIL CODEX OF RUSSIA

abstract 0961402012 issue 96 pp. 140 – 152 28.02.2014 ru 1395
In the article we have studied changes of law regula-tion plurality of persons in civil law. The author anal-yses positions of Conception of development of civil legislation and project of federal law â„– 47538-6/7 on changes in civil code of Russia to understand tenden-tious of development of institute of plurality persons in civil law
156 kb

IMPLEMENTATION BY SUBJECTS USE OF SPECIAL KNOWLEDGE OF ITS AUTHORITY DEFINITION OF SIZE, PROPERTY HAZARDS, CAUSED BY THE CRIME

abstract 1291705002 issue 129 pp. 23 – 36 31.05.2017 ru 299
The article reveals the peculiarities of the use by the subjects of special knowledge (inquirer, investigator, inquiry body) of their powers in determining the amount of property damage caused by the crime. The authors compare the possibilities of criminal and procedural actions in assessing this type of damage.
4550 kb

HOW TO SOLVE THE TASK OF CLASSIFICATION OF TYPES OF RIFLE AMMUNITION USING THE METHOD OF ASCANALYSIS

abstract 1181604001 issue 118 pp. 1 – 40 29.04.2016 ru 748
In criminology, there are actual problems of determining the type (machine gun, rifle, large caliber, pistol) and a particular model of small rifle for its ammunition, in particular, discovered in the use of weapons. The article proposes a solution to this problem with the use of a new innovative method of artificial intelligence: automated system-cognitive analysis (ASCanalysis) and its programmatic toolkit – a universal cognitive analytical system called "Eidos". In the system of "Eidos", we have implemented a software interface that provides input to the system images, and the identification of their external contours on the basis of luminance and color contrast. Typing by multiparameter contour images of specific ammunition, we create and verify the system-cognitive model, with the use of which (if the model is sufficiently reliable), we can solve problems of system identification, classification, study of the simulated object by studying its model and others. For these tasks we perform the following steps: 1) enter the images of ammunitions into the system of "Eidos" and create mathematical models of their contours; 2) synthesis and verification of models of the generalized images of ammunition for types of weapons based on the contour images of specific munitions (multivariate typology); 3) quantification of the similarities-differences of the specific ammunition with generalized images of ammunition of various types and models of small rifle (system identification); 4) quantification of the similarities-differences of the types of munitions, i.e. cluster-constructive analysis
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