Scientific Journal of KubSAU

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

THE DEFINITION AND THE CONTENT OF THE CONCEPT OF ECOLOGICAL SECURITY OF THE RUSSIAN FEDERATION

abstract 1091505060 issue 109 pp. 887 – 900 29.05.2015 ru 999
In the article the definition and the content of the concept of ecological safety are considered. We have investigated the socio-political aspect of the contents of the concept of ecological safety, and also the structure of the contents of the concept of ecological safety. It allows defining political and legal model of ensuring ecological safety which finds expression in concrete state and administrative legal activity of rather extensive circle of the subjects providing normal functioning of habitat (ecosystem) of society and state. The political mechanism of ensuring ecological safety which defines it as internally interconnected set an element of system representing unity political and the precepts of law, institutes, an order and rules of activity aimed at providing guarantees of security of environment, the ecological rights and the vital interests of the person and citizen from possible negative impact of economic and other activity of people and threats of emergence of emergency situations of natural and technogenic character is investigated.The interrelation of the concept of ecological safety with an administrative legal regime of ensuring ecological safety is defined
141 kb

THE DIRECTIONS OF THE LEGAL PREVENTION OF FAMILY AND DOMESTIC CRIMES COMMITTED WHILE INTOXICATED

abstract 1041410146 issue 104 pp. 2115 – 2126 30.12.2014 ru 1027
The aim of this article is to define the criminal law prevention of family offences committed while intoxicated. The qualitative and quantitative indicators of family offences committed while intoxicated were shown. We have proposed to amend existing legislation in order to increase the effectiveness of the criminal law prevention of family violence crimes committed while intoxicated. Criminal law prevention of family offences committed while intoxicated is methodologically built on the following positionscomparative-legal and socio-political, general and private scientific and statistical information. In our view, the main point needs to be done to identify the causes and conditions conducive to family and domestic crimes committed while intoxicated. We have to identify the main qualitative and quantitative indicators of family offences committed while intoxicated and define the basic efficiency of criminal law prevention of family violence crimes committed while intoxicated to make proposals to amend the existing legislation. As the findings of the study, the proposed main areas of improving criminal law prevention of family offences committed while intoxicated
131 kb

THE ESSENCE, THE NATURE AND TYPES OF ERRORS IN INVESTIGATIONS ARISING ON THE BASIS OF INVESTIGATION OF THE SITUATION AT A PRE-TRIAL PROCESS

abstract 0961402045 issue 96 pp. 655 – 667 28.02.2014 ru 1582
In this scientific article, the authors examine the problematic questions of the essence and nature, as well as the types of errors in investigations made at the pre-trial criminal proceedings. They analyze the most significant scientific works devoted to the criminalist situations written by such authors as A.N. Kolesnichenko, V.K. Gavlo, E.G. Yablokova, I.E. Volchetskaya, R.S. Belkina, I.F. Gerasimov, V.A. Obraztsov and others. On the basis of different scientific views and forensic practices the authors determine the classification of errors in investigations, conduct typing errors in investigations, and give the typing of investigatory situations
189 kb

THE FORMATION OF THE LEGAL REGULATION OF THE RATIFICATION OF INTERNATIONAL TREATIES

abstract 0921308002 issue 92 pp. 28 – 50 31.10.2013 ru 1605
The research is devoted to the historical analysis of the formation of the legal regulation of the ratification of international treaties. In the article, we have shown the specifics of each stage of the historical development of the institution of ratification
156 kb

THE GIFT CONTRACT IN THE CIVIL CODE: HISTORY OF BECOMING AND DEVELOPMENT IN RUSSIA

abstract 1181604028 issue 118 pp. 520 – 533 29.04.2016 ru 757
The contract of donation is one of the most common and frequently encountered in practical life, civil contracts. This article describes the history of the formation of the contract of donation in civil law of Russia. The author analyzes in detail the legal provisions of the contract of gift, enshrined in the current before the Civil Code of the RSFSR in 1964. Soviet scientists considered some of the issues that have been and (or) remain outstanding or require specification of the legislator. Previously existing legal acts do not take into account many associated with the donation contract questions arising in practice, such as cancellation the contract of donation. We study the qualifying elements of a deed of gift, which allows distinguishing it from related contracts. It is noted, that the scope of the rules on the contract of donation has expanded with the time, which could not be taken into account by the legislator. Current legislation regulates the peculiarities of relations arising in connection with the execution and the conclusion of the contract of donation. The author analyzes in detail the current legal regulation of the contract of donation in the current Civil Code. In particular, this article presents the problematic issues: the implementation and application of the contractual relationship between the given and giver, raised the question of the qualifications of donation with the participation of public servants, and lists some proposals to address the shortcomings in the current legislation. The article made other critical comments with regard to the rules on the contract of donation in the civil legislation of the RSFSR and the Russian Federation. The article has a research character. The authors show the way to solve the most pressing problems of enforcement under the contract of donation, and put forward proposals to improve the legislation
155 kb

THE HISTORICAL PROCESS OF EMERGENCE AND DEVELOPMENT OF THE RULES ON COMPULSORY TERMINATION OF RIGHTS TO LAND PLOT ACCORDING TO THE RUSSIAN LEGISLATION

abstract 0951401045 issue 95 pp. 805 – 821 30.01.2014 ru 1394
This article discusses issues of legal regulation and implementation of the norms of the civil and land legislation on the compulsory termination of rights to land plot in a historical context, and also examines the issue of law enforcement in this termination rights in different historical periods
107 kb

THE INTERROGATION OF THE SUSPECT IN THE CASES OF MURDER OF A NEWBORN CHILD BY MOTHER IN CONFLICT SITUATIONS: THEORETICAL AND PRACTICAL ASPECTS

abstract 0971403025 issue 97 pp. 349 – 356 31.03.2014 ru 1368
Taking into account the integrated approach, we have set out some theoretical and practical issues of preparation and conduct of the interrogation of the suspect on the cases of murder of a newborn child by mother; the article also shows a system tactics of interrogation of a suspect in a conflict situation
176 kb

THE ISSUE OF CONCEPT, FEATURES AND CLASSIFICATION OF FINANCIAL-LEGAL NORMS

abstract 1071503011 issue 107 pp. 178 – 194 31.03.2015 ru 1744
The concept, essence, value and classification of financial-legal norms are considered in the article. The special attention is paid to detection of peculiarities of these norms allowing delimiting them from norms of other branches of the law. The article emphasizes the fact that the direct purpose of the financial law norms is defined by a subject of the financial-legal regulation that is the relations arising in the process of public financial activities for regulation of formation, distribution and use of public funds of money. The authors’ opinion is reasoned about the fact that financial-legal norms are seldom arise as actual one because rules of conduct very rarely developed in social life as a prototype of the financial-legal norms. This circumstance is caused by the fact that financial relations do not exist and do not arise by it; these relations are shown in the forms determined by the state (municipalities) and depend primarily on social needs which are determined by a level of development of the commodity-money relations, extent of the state activity, social problems and so on. Besides, authors explore the reasons of instability of the financial law norms. In addition, in this article the authors’ opinion about action mechanism of the financial law norms as very actual phenomenon in modern Russia is reasoned. Due to the fact that the budget system of the country is under the influence of financial-legal norms, with help of such norms state extra-budgetary social funds formed and used, monetary and exchange rate policy carried out, so the need of deeper study of these norms and understanding their action mechanism is very actual phenomenon in modern Russia
133 kb

THE ISSUE OF INSURING FINANCIAL AND BUSINESS RISKS

abstract 0961402017 issue 96 pp. 213 – 225 28.02.2014 ru 1345
Features of entrepreneurial and financial risks are characterized in the article. Existing theories of risk are analyzed in the article. The results of the study are the definition of the concept of entrepreneurial and financial risk
148 kb

THE LAW "TO THE ORGANIZATION OF THE DETECTIVE DEPARTMENT" ON JULY 6, 1908: ADVANTAGES AND DISADVANTAGES IN THE REGULATION OF THE DETECTIVE DEPARTMENT IN THE NATIONWIDE CRIMINAL INVESTIGATION"

abstract 1071503017 issue 107 pp. 259 – 271 31.03.2015 ru 1612
The article shows that in the late XIX - early XX century in Russia it was really bad crime situation. Therefore, on March 12, 1908 due to the orders of the Director of the Police Department, M.I. Trusevich it was formed "Department of Criminal Detective parts", so 8th paperwork Department, tasked with the general supervision over the activities of the detective department of the Empire. June 20, 1908 in the State Duma they discussed the draft law "To the organization of the detective department". July 6, 1908, approved by the State Council and the State duma, the law "To the organization of the detective department" was approved by the Highest Emperor Nicholas II. In accordance with the law there were approved the authorities of the criminal investigation in the largest cities of Russia. The article states that the total number of police detective was brought to 96 units. Analyzing the law in question, it should point to a number of shortcomings associated with its material component. Firstly, this is a minor detective department states even for the 1st category, which significantly reduces the impact of operational and investigative activities, in addition, the absence of the detective department states in the 3rd and 4th digits as an assistant chief of the Detective Department gave problems in cases vacation, business trip or illness head. But in the article there are different and positive aspects of the law. With the adoption of the law it became possible the creation of the All-Russian secret police system
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