Scientific Journal of KubSAU

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

THE CONCEPT AND SOURCES OF CIVIL LAW REGULATION OF ENERGY SAVING

abstract 1011407092 issue 101 pp. 1428 – 1440 30.09.2014 ru 1061
The article discusses the concept of energy efficiency as an object of civil rights. It examines the characteristic features of the object of civil legal relations. On the basis of the current sources of the civil law we have analyzed the sources of civil law regulation of energy saving
175 kb

THE CONCEPT AND SYSTEM PRINCIPLES OF CIVIL LAW

abstract 0841210010 issue 84 pp. 112 – 131 28.12.2012 ru 1924
This article focuses on the topical issues of improving the current Civil Code of the Russian Federation. This article reviews the current trends in the development of the principles of civil law, among which the tendency of universalization and unification of the law, as well as the tendency of forming a wide and active use of the principles of law as a regulator of social relations. These trends form the reflection of the historical life of law, as well as due to a purposeful search for the most appropriate and effective means of regulating social relations. The author systematically examines the basic principles of the modern civil law
139 kb

THE CONCEPT OF A GROUP OF INVESTIGATION OF CRIMES AGAINST FAMILY AND MINORS

abstract 1151601066 issue 115 pp. 1046 – 1057 27.01.2016 ru 689
The article presents the concept of group methods of investigation of crimes against a family and minors. There was briefly investigated the concept of criminal – legal characteristics of specific offences against the family, which are common. The general positions for the questions about criminalistic characteristics were reviewed. We have justified the conclusion about the essence of a group technique of investigation of crimes against a family and minors
128 kb

THE CONCEPT OF THE LEGAL REGIME OF REAL ESTATE HIGH RISK

abstract 1061502049 issue 106 pp. 794 – 803 28.02.2015 ru 1155
The identity of the property increased risk to the objects of civil rights is proved in the article. No doubt the necessity of separation of static and dynamic units in the civil-law mode of real things of increased risk. However, currently these components are not sufficient for full civil and legal characteristics. Suggestions for improving the structure of the real objects of civil rights are proposed by the author. The article considers the civil-law regime of real estate high risk as a legal phenomenon of a systemic nature. Risk is a system element of the regime particularly dangerous real estate. Different types of risks in the content of the legal regime of these things are interconnected in a close relationship. Value category of "risk" in the legal regime associated with compensation for damage caused by its operation. Another part of the problem associated with civil-legal regulation of property rights to such objects of civil law. The author's understanding of the structural elements of a civil-law regime of such things and their interrelations is proposed. This representation of the structure of civil-legal regime of immovable properties increased risk allows to take into account particular things as objects of civil rights in all sections of civil reality
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
138 kb

THE CONSTITUTIONAL FOUNDATION OF THE RUSSIAN FEDERATION IN THE SYSTEM OF PHYSICAL CULTURE

abstract 1021408064 issue 102 pp. 993 – 1003 31.10.2014 ru 1042
This article is devoted to the bases of the constitutional legislation of the RF in the sphere of physical culture and mass sports, and also to the analysis of legislative process in this area. The author considers the Constitution of the RF, various laws, law-making activity in this sphere of public life
303 kb

THE CONSTRUCTION OF UNNAMED CONTRACT IN CIVIL LAW

abstract 0901306069 issue 90 pp. 1016 – 1033 30.06.2013 ru 3087
The article is concerned with problems of notion and qualification of contracts not regulated by the Civil Code of the Russian Federation and other legal acts ("unnamed contracts"). Conflicting jurisprudence on ascertaining unnamed contracts concluded is demonstrated. The methods to perfect the legislation on the matter are suggested
133 kb

THE CONTENT OF A PLEDGED LEGAL RELATIONSHIP

abstract 1001406086 issue 100 pp. 1312 – 1322 30.06.2014 ru 1189
The article discusses the questions related to use of and disposing of a pledged subject by participants of a legal relationship, between depositors and pawnbrokers, in particular, new regulations about depositor’s rights who is a holder of the pledge subject
170 kb

THE CONTENTS OF BUILDING LEASEHOLD

abstract 1131509120 issue 113 pp. 1697 – 1714 30.11.2015 ru 445
The article is devoted to one of the most disputable categories of jurisprudence – to the contents of Building leasehold. In the article there has been presented the research of the legal nature of the institution of building leasehold (superficies). There have been traced the particulars of formation of the Roman legal (classical) model of building leasehold and the interpretation of this institution in foreign civil legislation. It has been noted that certain countries apply the classical Roman model of building leasehold while others use the model of "the shared property" of the land plot and of the piece of the estate built on this plot. There was conducted the analysis of the German model inheritance law of building leasehold on the basis of which there was made the conclusion about its independent nature and uniqueness. The historical and the comparative legal methods of the research have enabled to identify the essential differences of the employed models of building leasehold and the specific features of their application in the countries of roman-germanic law and in the Commonwealth of Independent States. There have been studied the approaches of the domestic civilized doctrine in terms of building leasehold and the specific features of its implementation in the draft version of the Civil Code of the Russian Federation. There has been affirmed that the draft version of the Civil Code of the Russian Federation admits the existence of the two models of the building leasehold: the design one and the classical one. There has been applied critical approach to the analysis of the design model of building leasehold in comparison with its Roman and Germanic legal constructions; there have been presented recommendations for its improvement. It is proposed to abandon the temporary ownership of the premises in the building constructed based on the Treaty on the law of the land. We proposed to replace it with a specific property right – "right of superficies". Its essence consists in the right of possession and use of facilities of a building constructed in accordance with the Treaty on the law of the land
166 kb

THE CRIMINALISTIC CHARACTERISTIC OF TERRORISM

abstract 1181604058 issue 118 pp. 963 – 978 29.04.2016 ru 1992
Improving methods of investigation of terrorism is the leading task of modern criminalistics. Different aspects of criminal law and criminology connected with the fight against terrorism were under focus in juridical literature. At the same time criminalistic characteristic of terrorism as a system of generalized notion of significant features of crime under discussion and its interconnections are not analyzed properly. There is a need for further analysis of terrorism, suggestions for its prevention and control. The article deals with exploration of the subject of criminal encroachment, the method of commission and concealment of this crime, the mechanism of formation of traces, the circumstances of the offence, the personality characteristics of the offender and the victim, under circumstances of changing crime situation and significant increase in offences of a terrorist threat
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