Scientific Journal of KubSAU

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

HISTORICAL AND LEGAL ANALYSIS OF THE FORMATION OF INFORMATION LAW

abstract 1011407056 issue 101 pp. 911 – 920 30.09.2014 ru 2010
The article is devoted to carrying out the historical and legal analysis of the formation of information law. Based on this study, it is proposed to have classification stages of the formation of information law, which includes a pre-scientific, elementary, secondary stage, the stage of uncertainly and the modern stage
184 kb

HISTORICAL ANALYSIS AND INTERNATIONAL EXPERIENCE OF FIGHT WITH SKYJACKING

abstract 1061502030 issue 106 pp. 484 – 499 28.02.2015 ru 919
There was considered the historical analysis and international experience of fight with skyjacking in the article. The article is relevant, as the hijacking of aircraft is a crime with the highest public risk, both in Russia and worldwide, this international crime. Discusses statistical data theft aircraft in Russia from 1998 to 2014. The article reveals the object, the objective side, the subject and the subjective side of the hijacking of aircraft. Given the criminal law comparative analysis of auto theft and hijacking of aircraft. Considered criminal legislation of the CIS member States about the hijacking of aircraft. The article provides examples of judicial practice on the hijacking of aircraft. Discusses and international legislation, in particular the Convention for the suppression of acts of unlawful interference involving aircraft. Given the chronological table analysis grabs passenger aircraft in the USSR in the period from 1973 to 1989. In conclusion, the article draws conclusions and makes suggestions for improvement of the criminal legislation about the hijacking of aircraft. In particular they say about the need to improve legislation on transport and the development of a complete and correct concepts.
168 kb

GOVERNOR ORGANIZATIONS ACTIVITY LICENSING

abstract 1071503064 issue 107 pp. 939 – 954 31.03.2015 ru 1338
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
201 kb

GLOBALIZATION AND ITS INFLUENCE ON MODERN RUSSIAN LAW

abstract 1111507011 issue 111 pp. 192 – 211 30.09.2015 ru 1532
The article presents the concept and features of globalization. It is noted that globalization is a historical phenomenon. It is prepared by history as the result of a long process. This process is valid for the mankind throughout its history, occurring in different forms, scales, with varying degrees of intensity. It is emphasized that modern globalization was prepared by many phenomena of history, which are divided into positive and negative. Positive associated with the natural expansion of the boundaries of the world market, strengthening of democracy. Negative – with the predatory actions of transnational corporations, the unipolar world, and as a consequence, often enforced by the introduction of the values and lifestyle of Western democracy around the world. Globalization has an impact on state sovereignty. It is noted that in the context of globalization, the process of voluntary limitation of state sovereignty by mutual agreement with other States, but, at the same time, the process and the empowerment of its sovereignty, because the state has the authority to participate in solving problems that were not in the scope of its sovereignty. Globalization affects the law of all modern countries. Russia is no exception. In Russia, as in other countries, the relationship between national and international law increases, strengthening the position of the international law. This process can be named with the term of "internationalization" in the legal literature. During this process, appropriate forms of internationalization (legal instruments) can be applied: harmonization, unification, reception, implementation and standardization
173 kb

GENESIS OF COMPARATIVE LAW SCIENCE AND ITS FORMATION AS A SCIENCE AND ACADEMIC DISCIPLINE

abstract 0951401054 issue 95 pp. 945 – 963 30.01.2014 ru 1280
In the article we have shown the origin and development of comparative method in theory and practice of jurisprudence; we have also considered the history of comparative science of law. It has been proven that in the result of historical development in modern science of law there was appeared one of the more developing phenomena of legal mind-comparative science of law
130 kb

GENESIS AND EVOLUTION OF PRELIMINARY INVESTIGATION EXECUTION BY IN-VESTIGATORY GROUP

abstract 0621008037 issue 62 pp. 430 – 440 28.10.2010 ru 2082
In the scientific and educational literature, execution of preliminary investigation by investigatory group and investigatory-operative group is shown in detail enough. Absence of the instructions about interaction between investigatory and operatively-search divisions at a group method of investigation in the criminally remedial law, has caused necessity of search of concrete and optimum forms of interaction in practice. The author defines some such forms which are described in the scientific article taking into account occurrence, formation and perfection of activity of investigatory and investigatory-operative group
138 kb

GENESIS AND DEVELOPMENT OF THE CRIME SCENE EXAMINATION METHOD: THE MAJOR STAGES IN CRIMINAL PROCEDURE AND CRIMINALISTICS

abstract 0621008042 issue 62 pp. 483 – 494 28.10.2010 ru 2469
Modern legal experts often underestimate the importance of the crime scene examination. However, even when a crime scene is examined by a coroner the goal of the investigative procedure is not always achieved as in Russian investigative practice the detailed examination is often mistaken for the expertise. In order to study the problems of the investigative examination the author has carried out a thorough analysis of the major stages of the crime scene examination method development in Criminal Procedure and Criminalistics
1895 kb

GENERAL SOCIAL WAYS OF PREVENTION OF BRIBERY IN THE SPHERE OF MEDICAL SERVICES

abstract 0721108006 issue 72 pp. 70 – 83 30.10.2011 ru 946
This article discusses the problems associated with the use of general social ways of prevention of bribery in the sphere of medical services. General social ways of prevention of bribery in the sphere of medical services: economic, technical, ideological are considered in detail. The author of the article puts forward a number of proposals for enhancing the efficiency of general social ways of prevention of bribery in the sphere of medical services
130 kb

GENERAL PROVISIONS ON THE APPLICATION OF THE RESULTS OF THE OPERATIVE DETECTION ACTIVITIES IN THE PROOF PROCEDURE ON CRIMINAL CASES

abstract 0701106058 issue 70 pp. 817 – 829 30.06.2011 ru 2085
The article covers the following problems: delineation, prevention, suppression and detection of crimes as well as the detection and identification of the criminals who prepare, organize and commit crimes; search of fugitive suspects and people who holeup and abscond and dodge the responsibility as well as search of missing people; obtaining information about the events and activity (negligence) causing national, military, economical and environmental security threat of the Russian Federation; determination of the forfeitable property. The author suggests some solutions for the mentioned problems.
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 1307
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
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