Scientific Journal of KubSAU

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

LEGAL ANALISYSIS OF SOCIAL SECURITY LAW IN RUSSIAN FEDERATION AND THE FEDERAL REPUBLIC OF GERMANY

abstract 1141510023 issue 114 pp. 313 – 325 30.12.2015 ru 1248
The authors analyze the issues of the legal and economic problems of social security governmental regulation in the Russian Federation. In order to identify and subsequently find theoretical and practical resolution of conflicts and flaws in the domestic social security law, the authors propose to analyze the social institutions of the Russia and to match them with the existing social institutions of the Federal Republic of Germany in view of their historical closeness, belonging to one family of law, and the similarity of the legal foundations of the constitutional system. Comparative analysis of various aspects of life quality according to Russian and German data, which was examined above, leads to the conclusion that the primary task in this country is to restore revenues and stimulate the population’s solvency. The study of the social security issues led to the conclusion that the state social insurance is intended to replace the income lost due to certain events such as unemployment, illness, disability, old age, accident-at-work insurance. The authors conclude that there is need to improve the current Russian pension legislation, social security and social legal guarantees
135 kb

TACTICS OF CONFRONTATION

abstract 1141510049 issue 114 pp. 662 – 674 30.12.2015 ru 1141
As a part of the investigation carried out in the course of the investigation of crimes, a confrontation is very important. This article reveals the essence of the scientific production of the confrontation, the object and purpose of which is to establish the truth in the case. The investigator, in accordance with the Article 192 of the Code of Criminal Procedure of the Russian Federation has the right to decide on proceeding a confrontation, in cases when previously there were significant differences. In conducting confrontation, there are confirmed correct versions and the versions denied by others, it turns out the real facts of the case and eliminates significant contradictions in the testimony of previously interrogated persons. By making the decision to produce a confrontation, the investigator must be confident in the ability of the participant, who gave truthful testimony, to withstand the psychological pressure. This party should be prepared to create his "immunity" against future attempts to influence the other party to persuade to change readings, etc. Before the production of a confrontation, the investigator must draw up a plan in which the questions are formulated. Then prioritize questioning of participants of confrontation and identify tactics that can be applied in the course of its production. The investigator prepares a space for the production of confrontation, and audio, photo and video equipment. Different violations, errors during the confrontation, have the ultimate impact on the overall result of the preliminary investigation of a specific criminal case. In this regard, clarification of the nature of the confrontation has not only theoretical but also practical importance
123 kb

BASIC LEGAL APPROACHES TO THE REGULATION OF RESTRICTION ON THE SPREAD OF INFORMATION ON THE INTERNET

abstract 1141510055 issue 114 pp. 720 – 729 30.12.2015 ru 858
The article analyses the existing legal mechanism of limitation of distribution of information in the Internet and the variants of development of law-making in this sphere. The conclusions made by the author might be used in scientific activity
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BASIC DIRECTIONS IN THE DEVELOPMENT OF THE RUSSIAN FEDERATION LAW IN THE INFORMATION SPHERE

abstract 1141510056 issue 114 pp. 730 – 739 30.12.2015 ru 1030
The article analyses the existing legal mechanism of limitation of distribution of information in the Internet and variants of development of law-making in this sphere. The conclusions made by the author can be used in scientific activity
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 1312
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
137 kb

THE CONCEPT, THE STRUCTURE AND THE CONTENT OF THE GROUP METHODS TO INVESTIGATE CRIMES

abstract 1141510116 issue 114 pp. 1607 – 1618 30.12.2015 ru 1199
In the article, there are basic elements of the concept, the structure and the group methods of crime investigation. A brief analysis of the views of scientists towards the issue was performed. The author comes to a conclusion about the content of the group methodology and makes a theoretical justification of the expressed positions. We identify three separate base isolation system classification - group investigation techniques: a) the difference in the structure of private and group techniques; b) the similarities in the criminal - legal and criminological characteristics of crime groups; similarities in the process of crime investigation and scientific - practical recommendations for their investigation
139 kb

FORMATION OF TAURIAN DISTRICT AS THE SUBJECT OF ADMINISTRATIVE AND TERRITORIAL STRUCTURE OF THE RUSSIAN EMPIRE IN 1784-1796

abstract 1151601044 issue 115 pp. 730 – 740 27.01.2016 ru 599
The article examines the historical conditions and the legal regulation of the Crimean Khanate territory joining to the Russian Empire in 1783 and formation of Taurian District as a new specific administrative and territorial unit. Specific characteristics of Taurian District are highlighted, as well as tasks that region faced due to its geographical position and constant wars between Russian empire and Ottoman Porte. Attention is paid to the factors that led to the creation of the district but not the viceroyalty, in contrast to other areas joined in the same time. The different examples of understanding of the term "distrist" – "oblast" – in science and language are given. The author clarifies certain features of the district, which were not taken into account in deriving the scientific definition of the district by Dambaeva O.P. Decrees and their background issued by the legislator are characterized. The problems of an administrative nature encountered by the legislator in the face of Empress Catherine II and her representative governor Grigory Potemkin-Tavricheski, and then by Platon Zubov are highlighted. Among these problems there were emphasized the transfer of ownership of the Tatars property who left the territory, as well as the creation of an accurate map of newly joined territory
206 kb

PECULIARITIES OF LEGAL REGULATION OF THE EMPLOYMENT OF ATHLETES

abstract 1151601049 issue 115 pp. 798 – 818 27.01.2016 ru 1847
This article is devoted to the study of peculiarities of legal regulation of the employment of athletes. Sport has become an important part of the vital activity of the entire human society long ago, and, problems of legal regulation of the employment of athletes attached great importance both in Russia and abroad. In addition to international acts, the Constitution of the RF and the Labour code, labour relations and other directly related to them between athletes and their employers are governed by many various acts, regulations – federal laws, regulations, treaties, agreements, statutes of sport organizations, sport regulations. Therefore in practice exist a lot of problems and may will be more in the application of labour laws and other normative legal acts on labour rights and guarantees of professional athletes and coaches. We must take into account not only all sources but also, primarily, the specificity of the scope of their regulatory relationships. The authors consider that the normative legal basis, as well as the ratio of labour and special sports legislation studied explicitly is not sufficient and require further research, that indicates the relevance of the topic. The authors not only analyzed modern legislation, researched statistics, scientific literature on the topic, but also revealed the gaps and problems in the regulation and suggested measures for the improvement and further development of the Russian labour legislation in the sphere of sport. Special attention is given to the term "sudden death of an athlete," and so, the procedure of compulsory insurance of professional athletes must be resolved. It is proposed to introduce the terms " sport season", "sports" Athlete Passport, complement and greatly extend guarantees and compensations to athletes and coaches of pay, working hours, termination of employment, labour and social protection
152 kb

PLEDGE AND MORTGAGE UNDER THE INDIAN LAW

abstract 1151601050 issue 115 pp. 819 – 828 27.01.2016 ru 11225
The article discusses the concept of species, the essential terms and the grounds of the pledge in Indian law, and especially the pledge agreement in the legal practice of India
148 kb

CRIMINAL PROCESS AND OPERATIONAL AND INVESTIGATIVE ACTIVITY

abstract 1151601063 issue 115 pp. 1009 – 1022 27.01.2016 ru 740
The authors of the article examine the relationship between the criminal process and investigative activity taking into consideration the requirements of the Criminal Procedure Law and the Law on Investigative Activities in the Russian Federation. Such important issues as main tasks and principles of the criminal process and investigative activity are considered in the article. The authors analyze interrelations of some investigative actions and operational search as well as the order of introduction and usage of the results of the investigative activities at the stage of criminal case initializing and in the course of investigative activities. The authors also pay attention to the data which must be submitted in the report or memorandum on the prepared or being committed crime giving grounds for criminal case initializing
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