Scientific Journal of KubSAU

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

PROBLEMS OF APPLICATION OF ADMINISTRATIVE PUNISHMENT IN THE FORM OF THE ADMINISTRATIVE BAN ON VISITING OF VENUES OF OFFICIAL SPORTS COMPETITIONS

abstract 0991405093 issue 99 pp. 1326 – 1336 30.05.2014 ru 1412
The article examines some features of legal regulation of an administrative ban on visiting of venues of official sports competitions in days of their carrying out
338 kb

PARTICULAR ISSUES OF LEGAL REGULATION OF HOUSING COOPERATIVES MEMBERS RIGHTS

abstract 1121508133 issue 112 pp. 1829 – 1845 30.10.2015 ru 1412
The authors analyze the question of the legal problems of protection of the rights of members of housing co-operative. The article shows the history of the development of this institution in the Russian Federation and its status. Of interest is the historical analysis of the legal institution, as well as the issue of protecting the rights of members of housing cooperatives throughout the history of their existence in our country. The author concludes that there is a need to improve existing legislation on housing cooperatives. In particular, the authors propose amendments to the Housing Code of the Russian Federation and other federal laws governing these legal relationships. The article provides the change of certain provisions of existing legislation that would allow better quality approach to the protection of the rights of members of housing co-operatives, as well as their regulation in general. As well, the authors indicated some legal problems that occur in practice arising from members of housing co-operative in their defense. The analysis of the legal practice of various courts of the Russian Federation has been carried out. Following consideration of the practical problems has been offered for both theoretical and practical ways to address them in order to prevent violations of the rights of members of housing cooperatives in the future
202 kb

SOME ISSUES OF THE ABUSE OF FREEDOM OF CHOICE IN THE FORMS OF CONTRACTS

abstract 1061502042 issue 106 pp. 668 – 687 28.02.2015 ru 1433
The article is devoted to one of the most disputable categories of jurisprudence –excessive use of power. The author considers the already known issues with the application of the principle of the inadmissibility of excessive use of power, as well as new ones in connection with the amendments to the Civil code of the Russian Federation. The article analyzes the issues of individuals’ misuse the freedom of choosing the type of denominated contract sample in the context of making mock and sham transactions. General and specific signs of the mock and sham transactions are analyzed, bearing in mind doctrinal positions and judiciary practice. In the article we give an analysis of the novelties of the civil legislation on the excessive use of power, the examples of judicial practice of the forms of excessive use of power, we have analyzed legally significant circumstances to be established by the arbitration court attached to each form of excessive use of power. The author considers the main characteristic of the "excessive use of power" category to be its moral and ethical aspect. A thinking activity of judges assessing the evidentiary basis in awarding judgment has a great value
171 kb

CONSTITUTIONAL ENSHRINEMENT AND IMPLEMENTATION OF MAJOR FUNCTIONS OF THE LEGISLATIVE (REPRESENTATIVE) DEPARTMENTS OF STATE POWER IN THE RUSSIAN FEDERATION

abstract 1011407152 issue 101 pp. 2265 – 2281 30.09.2014 ru 1435
The article is devoted to the problems of constitutional and legal enshrinement of the functions of the legislative department as principal areas of activity to implement own subjects of management and competence. The article considers the main functions of the Russian Parliament - the legislative, representative and control functions
154 kb

THE ABSENCE OF THE LEGISLATIVE DEFINITION OF SUCH TERMS AS “INFORMATION” AND “COMPUTER INFORMATION” AS THE EDUCTION OF STRATEGIES TO COMBAT CYBERCRIME IN THE RUSSIAN FEDERATION

abstract 0991405088 issue 99 pp. 1271 – 1282 30.05.2014 ru 1436
The article contains legal theoretical definition of the concept of information and computer information, its juridical essence and fundamental characteristics in the context of formation of informational society. We have also made a short stage analysis of the formation of legal norms in Russian law in informational sphere. On the basis of the analysis the author gives his own definition of the term of computer information and concludes that problem requires immediate complex measures which should be directed to improvement of legislative norm
158 kb

MODERN MIGRATION POLICY OF RUSSIA

abstract 1031409070 issue 103 pp. 1029 – 1044 30.11.2014 ru 1443
Several peculiarities of the implementation of migration policy in the Russian Federation were considered in this article. We have shown main provisions on refugees and forced migrants from the Ukraine and labor migration. On the basis of the study we have suggested an improvement of migration legislation, in particular, creation of a single codex and migration police
117 kb

DIFFERENTIATION OF DECEPTION AND ABUSE OF CONFIDENCE IN CORPUS DELICTI AGAINST PROPERTY

abstract 0841210006 issue 84 pp. 55 – 64 28.12.2012 ru 1448
There were considered the problems of differentiation of deception and abuse of confidence under committing of crimes fixed by Articles 159 and 165 of Criminal Code of the RF and some problems of such crimes qualification occurring in these situations as well. On the basis of carried out research, there were made special suggestions on improving of criminal law reduction on responsibility for fraud and infliction of property harm by means of fraud and abuse of confidence and practices of its application
236 kb

COMPARATIVE ANALYSIS OF LEGAL REGULATION OF PERSONAL DATA PROTECTION IN RUSSIA AND ABROAD

abstract 1101506058 issue 110 pp. 867 – 895 30.06.2015 ru 1449
In modern democratic society human rights and, in particular, the right to privacy is of paramount importance. Information about citizens is collected and accumulates various government (the Ministry of internal Affairs, Bureau of technical inventory authorities of acts of civil status, medical institutions, agencies of registration of rights to immovable property and transactions with it, the bodies of registration of legal entities, etc.) and private entities (cell companies, private educational, medical, legal organizations, etc.) at birth and receiving documents, identity when applying for a job, when applying to a medical institution, for the purchase of immovable property (apartments, cars), for the establishment of private enterprises in other cases. When making purchases in online stores, a consumer is forced to disclose their personal data. However, the owners of these shops do not always ensure the protection of personal data (including credit cards), and the absence of law creates a gap in legal regulation. To the very same personal data includes biographical and identifying data, personal characteristics, information about family, social status, education, profession, career and financial situation, health condition and other
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 1461
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
150 kb

ACTION OF VICTIM IN THE IMPLEMENTATION OF CONSTRUCTION AND INSTALLATION WORKS AS A CRITERION DETERMINATION TYPE OF LEGAL RESPONSIBILITY PERSONS IN INVESTIGATING OF ACCIDENTS AT WORK

abstract 0871303058 issue 87 pp. 742 – 757 30.03.2013 ru 1463
This article is devoted to the topical issues of investi-gating the causes of accidents occurring in the workplace. The author systematically examines the main areas of difficulty in the area of legislation
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