Scientific Journal of KubSAU

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

SUBSTANTIATION OF THE QUANTITATIVE MEASURE OF KNOWLEDGE, COGNITIVE IN-TEGRATED CRITERION AND THE SECOND SEMANTIC INFORMATION MODEL OF THE SYSTEMIC COGNITIVE ANALYSIS ON THE BASIS OF PROBABILITY THEORY

abstract 0430809009 issue 43 pp. 154 – 166 27.11.2008 ru 3251
The analysis of civil-law norms provided in the fourth part of civil procedure law of Russia allows to express opinion that apprehended and embodied by civil procedure law in sphere of regulation of the right to results of intellectual activity and individualization instruments in the criminal law is not reflected in full, in particular, in article 146 of the criminal code of Russian Federation.
187 kb

SUMMARY OF THE HISTORICAL DEVELOPMENT AND LEASING

abstract 1001406062 issue 100 pp. 949 – 967 30.06.2014 ru 687
This study focuses on the historical analysis of the development and nature of a lease. The article has marked the features of the each stage of the historical development of the institution of leasing and its emergence in the Russian Federation
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SYSTEM INTERPRETATION OF THE PRINCIPLES OF CIVIL LAW

abstract 1011407094 issue 101 pp. 1453 – 1462 30.09.2014 ru 982
The article discusses the concept of principles of civil law. It examines the characteristic features of the system interpretation of the principles of civil law and universally recognized principles of international law. From this perspective, the author offers a systematic interpretation of the principle of reasonableness and good faith in civil law
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SYSTEM METHODS SEARCH ACTIVITY AT CARRYING OUT OF INVESTIGATORY ACTIONS ON DETECTION OF STOLEN PROPERTY

abstract 1281704099 issue 128 pp. 1402 – 1415 28.04.2017 ru 509
In the article, the author analyzes the aspects of the investigative activity of the investigator to locate the stolen property, provides the scientific approaches to the structure and content of investigative versions; the authors assess the relationship of the investigative versions and typical investigative situations; propose the algorithms of actions of the investigator in tracing stolen property with regard to various investigative situations
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SYSTEMATIZATION OF CRITERIA FOR IDENTIFICATION OF EXTREMIST CRIMES

abstract 0981404016 issue 98 pp. 218 – 230 30.04.2014 ru 1305
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
267 kb

SОURСЕS АND TЕNDЕNСIЕS ОF THЕ FАMILY АND MАRRIАGЕ DЕVЕLОPMЕNT – THE ЕVОLUTIОN ОF THЕ FАMILY АND MАRRIАGЕ RЕLАTIОNS

abstract 1121508130 issue 112 pp. 1788 – 1798 30.10.2015 ru 947
This artiсlе is dеvоtеd tо thе еvоlutiоn оf thе mаrriаgе institutе, tо thе sоurсеs аnd tеndеnсiеs оf fаmily dеvеlоpmеnt. Thе аnаlysis оf thе fаmily rеlаtiоns in аnсiеnt Bаbylоn ассоrding tо lаws оf Hаmmurаpi is prеsеntеd in thе аrtiсlе. In Hаmmurаpi соdе thе fаmily is prеsеntеd аs bаsis nоt оnly fоr есоnоmiс, mаtеriаl pоwеr оf thе stаtе, but аlsо аs its pоlitiсаl stаbility аnd sаfеty. Thе rights аnd dutiеs оf spоusеs аrеn't еquаl, but thеy аrе еquаlly, thоugh еvеryоnе in оwn wаy, pаrtiсipаtе in асhiеvеmеnt оf а mаin gоаl оf thе mаtrimоniаl uniоn – thе birth аnd еduсаtiоn оf сhildrеn. Institutе оf mаrriаgе is оnе оf thе mаin institutе оf thе fаmily lаw. It is соnsidеrеd in thе аrtiсlе thе оrdеr аnd соnditiоns оf gеtting mаrriеd, thе оbstасlеs fоr thе еngаgеmеnt аt vаriоus histоriсаl stаgеs. It is соnduсtеd thе lеgаl аnаlysis оf thе mаintеnаnсе оf thе mаrriаgе rеlаtiоns. Thе аttеntiоn is pаid tо thе quеstiоn оf thе pеrsоnаl аnd prоpеrty rеlаtiоns bеtwееn spоusеs, pаrеnts аnd сhildrеn; rеlаtiоnship tо thе mаrriаgе is соnsidеrеd аs а sосiаl аnd есоnоmiс dеаl аnd lаtеr аs а vоluntаry will оf а wоmаn аnd а mаn tо gеt mаrriеd. Rеligiоus mоdеls оf а fаmily аrе соnsidеrеd in thе аrtiсlе. hаngеs whiсh hаppеnеd during сulturаl histоriсаl dеvеlоpmеnt соnсеrning thе fоrms оf thе fаmily аnd mаrriаgе rеlаtiоns аrе аlsо соnсеrnеd thе mаintеnаnсе оf thеsе rеlаtiоns, in pаrtiсulаr, bеtwееn husbаnd аnd wifе. Thе сhаngеs hаd mоrе quаlitаtivе сhаrасtеr within thе еmеrgеnсе оf fаmily mоnоgаmy. Thе соnsidеrаtiоn оf thе еmеrgеnсе оf thеsе оr thоsе fоrms оf mаrriаgе prеsеnt thе intеrеst tо thе сulturаl and histоriсаl аnаlysis аnd thе rеаsоns оf сrisis in thе fаmiliеs nоwdаys
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
99 kb

TACTICS OF SEARCH AND SEIZURE IN CASES OF ILLEGAL CREDIT OBTAINING

abstract 0661102038 issue 66 pp. 438 – 443 28.02.2011 ru 1933
As a result of timely carrying out of a search and sei-zure, law enforcement officers have an opportunity of analysis of the major sources of proofs in the given category of documents. At the same time, there are cases when field investigators and inspectors face va-riety of massive problems during search or seizure. The given article is devoted these and other problems
139 kb

TERMINATION OF PROPERTY RIGHTS TO REAL ESTATE IN CONNECTION WITH WITHDRAWAL FOR PUBLIC NEEDS

abstract 1111507053 issue 111 pp. 896 – 907 30.09.2015 ru 889
Real estate is a special object of civil rights. Due to the current political and socio-economic circumstances the question of the right of ownership to immovable property and its termination is very important. The existing in the current legislation approach to the legal regulation of termination of the right of property in Russia is not consistent with social justice. This has a significant impact on law enforcement. In addition, the relevance of this problem in Russia is predetermined with historical significance of such immovable property like land plot. Currently there is a certain balance between private and public interests in this sphere of legal regulation. At the present neither the doctrine of civil law, nor the practice of law is not allowed the whole block discussion of issues considered issues. So, such theoretical construction as the definition of involuntary termination of rights to immovable property still not well developed. Especially against such an object as a plot. Thus, the foregoing allows asserting that the issue of forced termination of the right of property outlined in this article is relevant and valuable to the legal science and practice
181 kb

TESTAMENT IN EXTRAORDINARY CIRCUMSTANCES: THEORY AND PRACTICE

abstract 1091505058 issue 109 pp. 848 – 865 29.05.2015 ru 1328
The article explains the relevance of testaments, committed in extraordinary circumstances. The authors note, that the form of such testaments is considerably simpler. Nevertheless, it is compensated by necessity of further confirmation of fact that testament was committed in extraordinary circumstances by court. The conditions of validity of such testaments exposed to a detailed analysis in the article. The authors emphasize that for the recognition of circumstances as extraordinary, such circumstances should be unusual, exceptional, and create immediate threat of life, not threat to health of a citizen. The article contains the analysis of court decisions, which counter to these provisions. The study notes that the legislation does not allow for opportunity to commit testament in the extraordinary circumstances using the technical equipment. It is a gap in the legislation, considering the current conditions. The authors describe international experience of drawing up testaments verbally and came to the conclusion that such form is not acceptable in the Russian legislation. The article also notes the need for a more precise definition of “extraordinary circumstances” applied to inheritance relations. By the authors’ viewpoint, serious illness of the testator can’t be classified as extraordinary circumstance. The study is not only based on analysis of theoretical works of scientists, also on law enforcement practices. The authors of the article identified actual problems of current legislation and came to the conclusion of the necessity to improve the modern civil law
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