Scientific Journal of KubSAU

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

ORGANIZATIONAL AND LEGAL ASPECTS OF INVESTIGATIVE GROUP FORMATION

abstract 1171603012 issue 117 pp. 219 – 236 31.03.2016 ru 737
The article deals with the issues related to the organizational and legal aspects of investigative group formation. The author has analyzed scientific and technical literature, materials of judicial and investigative practice, criminal procedural law, different views of scientists, as well as his own judgments on the proposed changes and additions to the content of the article 163 of Criminal Procedure Code. The analysis allows the author to declare the need to invite the heads of the investigative bodies of the various departments and units to carry out more in-depth additional analysis of the performance of the investigative and the operational and investigative teams and the work of their leaders, to consider the establishment of investigative and operational investigative groups in criminal cases, which are of great public and political importance and are under control of inter-agency working groups on combating organized forms of criminal activities. According to the author, it is necessary to raise the level of responsibility of the leaders of the investigative and operational investigative groups, which are aimed on the investigation of crimes committed by an organized group, gang or a criminal association, as well as by persons, classified as representatives of the organized crime. Together with the management of bodies engaged in operational investigative activities, a uniform algorithm for the establishment and functioning of investigative and operational investigative groups should be worked out and introduced to the junior agencies staff and subordinate units
180 kb

LEGAL BASIS FOR SEARCH ACTIVITIES OF THE UNITS ENGAGED IN OPERATIONAL INVESTIGATIVE ACTIVITIES

abstract 1171603013 issue 117 pp. 237 – 253 31.03.2016 ru 737
The authors of the article consider legal organizational and tactical issues of operational investigative activities in the course of search. The authors compare some items and norms of Russian Constitution, Criminal Law, Criminal Procedure Law, Federal Laws governing the operational-search activity, in particular search activity, some sources of information, such as confidential. In particular, the authors examine the legal basis of the internal affairs agencies in the fight against crime as a science-based system of legal norms contained in the laws and bylaws that create the legal preconditions, as well as the conditions and procedure for carrying out operative search actions, either directly regulating the legal organizational and tactical questions of application of operational investigative forces, means, methods and forms in the fight against crime. Thus, the authors believe that the search activities of the units engaged in operational investigative activities of the police, as an organizational and tactical form (or part of) the operational-search activity of law enforcement bodies as a whole, it has a single legal framework that operational search activity in general
142 kb

LEGAL REGULATION AND PRACTICE OF ELECTRONIC VOTING IN FOREIGN COUNTRIES

abstract 1171603017 issue 117 pp. 305 – 317 31.03.2016 ru 541
The article is devoted to the problems of legal regulation of electronic voting an e-democracy in foreign countries. The possibility of informationalcommunication technologies introduction into the voting process is studied. In the absence of a unified approach to the understanding of the legal nature of edemocratic processes, the authors give the special attention to the analysis of state policy in the sphere of the e-democracy improvement. There were considered the systems of electronic voting system which were used in elections in Estonia, Germany, Austria, UK, Switzerland and Finland. There were analyzed the practice of Internet-voting as a prototype of electronic democracy and problems of identification of voters, calculation of votes, ensuring of secrecy of the ballot. There were marked means the use of electronic voting as positive sides and considerable risks connected with the possibility of interference into the system of electors’ votes and complexity of securing of control of procedure of electronic voting. Authors make conclusions on possibility of the use of positive foreign experience of distant voting during the elections in Russia and on the necessity of working out of legal claims to informational space and given information to increase its quality and credibility
179 kb

THE BARTER AGREEMENT IN THE CIVIL CODE: HISTORY OF ITS APPEARING AND DEVELOPMENT IN RUSSIA

abstract 1171603035 issue 117 pp. 566 – 583 31.03.2016 ru 647
In the article, legal norms of barter agreement are exposed to the detailed analysis. They were fixed earlier in the Civil Codes of RSFSR 1922 and 1964. The authors analyze the modern legal adjusting of barter agreement in the operating Civil Code of the Russian Federation. Characterizing signs of barter agreements are investigated and they allow distinguishing it from a bargain and sale. It is marked that the barter agreement got the detailed regulation of relations only in the operating Civil Code of the Russian Federation. The purview of norms about the agreement of barter broadened in course of time. That was taken into account by a legislator. A modern legislation regulates the features of relations arising up in connection with execution and conclusion of treaty of barter. Earlier operating legislative acts did not take into consideration many questions, related to the relations of barter, arising up in practice. Soviet scientists examined some questions that were and remain now without adjusting or require a specification from a legislator. For example, concerning Civil Codes of RSFSR 1922 and 1964, the imperfection of legal determination of agreement of barter was marked. This decision did not take into account that commodities were passed in property of another side. Modern legislator names it a "commodity the object of the barter agreements. In the same time in practice there is a lot of questions about possibility of applying property rights to the object of the barter agreement. Other critical remarks about the rules of the barter agreement in the civil legislation of RSFSR and the Russian Federation were done by the author in the article
141 kb

TO THE PROBLEM OF CADASTRAL WORKS IMPROVEMENT, STOCKTAKING OF REAL ESTATE AND REGISTRATION OF THE RIGHTS

abstract 1171603057 issue 117 pp. 889 – 901 31.03.2016 ru 580
The present article is devoted to the problems of improvement of authority of state property cadastre, registration of rights on real estate and bargains with it. The changes introduced by the Federal Law from 13.07.2015 # 218-FL “On state registration of real estate” are conditioned by the urge of a legislator towards the increase of quality of state services in the sphere of state cadastre stocktaking of property and state registration on it and as well as minimization of mistakes containing in data of state cadastre of real estate and united state register of rights to replenish budgets of all levels at the expense of increase of taxing base and to stimulate the economic growth of the country. To the view of authors, the normative base of land, civil and other special legislation demands the further improvement that testifies the urgency of present problem. The authors carried out the analysis of modern legislation, there were revealed the problematic moments of realization of special regulations of the Law on registration of real estate and other subordinate regulatory acts, there were introduced the offers on their elimination, and as well as there were cited the prospects of legislation development in the sphere of land-property relations
148 kb

ABOUT THE CATEGORY OF “LEGITIMATE INTEREST” IN CRIMINAL PROCEEDINGS

abstract 1171603074 issue 117 pp. 1139 – 1151 31.03.2016 ru 708
The article investigates the concept and the content of a legitimate interest in criminal proceedings. The author concludes about the necessity of inclusion the additional structural element, legitimate interests of parties of criminal proceedings in the criminalprocedural relationships. The author’s definition of the legitimate interests of some parties of the criminal process is tabled for discussion. Different points of view of legal scholars on the subject are analyzed in this article. The article discusses special features of occurrence of legitimate interests in terms of pretrial agreement undertaking on cooperation with suspected or accused party
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 747
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
200 kb

CURRENT CRIMINAL-LEGAL ISSUES OF QUALIFICATION OF A CHILD SUBSTITUTION

abstract 1181604007 issue 118 pp. 128 – 146 29.04.2016 ru 1170
Relevance of the chosen topic is caused by existence of disputable issues in qualification of the crime established in article 153 of the Criminal code of Russian Federation. Objective and subjective elements of corpus delicti of substitution of a child are analyzed in the article. The special attention is paid to the object of the crime, and also consideration of the concept «victim». In this article «mercenary and low motives» as a constructive feature of the subjective element of substitution of a child are considered, the most significant gaps in norms of the criminal legislation are analyzed and ways of their elimination are offered. Having investigated normative legal acts, court practice, foreign legislation and the existing theoretical developments, authors give their interpretation of article 153 of the Criminal code of Russian Federation. The authors express opinion about strengthening of the punishment for this crime. We consider important inclusion in corpus delicti of this crime such aggravating features as the act: «against two or more persons», «a group of persons by previous agreement or organized group», «a person using his official position», «a person who has a previous conviction for crime against a family and minors»
147 kb

INVESTMENT ACTIVITY OF NON-STATE FOUNDS OF RUSSIA

abstract 1181604019 issue 118 pp. 364 – 375 29.04.2016 ru 1744
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

ON QUESTION OF ESTABLISHING THE TAX OF INTERNET-SHOPPING IN RUSSIA

abstract 1181604020 issue 118 pp. 376 – 385 29.04.2016 ru 551
Currently, there is a topical question of legal consolidation in the tax and the customs legislations of the fee for goods purchased from a foreign company through a transaction concluded by the information and telecommunications network "Internet". According to the legislator, such innovations will limit the spillover of online orders to the neighboring states with a high threshold for duty-free shipping, which will strengthen the domestic e-commerce market. The authors believe that the consolidation of the institution in the national legislation would contradict the general provisions of tax legislation. The authors believe that such measures will increase the number of sham and mock transactions and reduce import turnover. The proposed projects of the European Economic Commission of the European Economic Union on the Internet fees in their structure are poorly written, in particular, they lack the concept of internet purchase, there is no resolution of the issue of the relationship between the collection and the value added tax.The authors come to the conclusion that these projects should to be completed, in particular, it is proposed to supplement the provisions of domestic legislation, delimiting the object of taxation the value added tax on the object of taxation for cross-border fee to be paid for an online purchase. Their immediate implementation without significant changes will not create a proper mechanism for the implementation of this institution, and generate a lot of conflict situations
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