Scientific Journal of KubSAU

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

CRIMINAL LIABILITY FOR FRAUD IN LENDING

abstract 1231609118 issue 123 pp. 1728 – 1739 30.11.2016 ru 525
The article deals with the causes of the motivation growth among the population to commit fraud in lending. The article covers the problem of differentiation of a special type of fraud in the area of lending to the general composition of fraud under Art. 159 of the Criminal Code of the Russian Federation. Particular attention is paid to the analysis of the sanctions of Art. 159.1 of the Criminal Code. The author considers the problem of differentiation of criminal punishment for fraud in lending, which is stipulated by a special regulation in relation to Art. 159 of the Criminal Code. There is a proposed calculation of the fine, which should be based on the amount of the damage, and must be proportionate to it. The problem of distinguishing Art. 159.1 of the Criminal Code from the related elements of a crime under Art. 176 of the Criminal Code has been considered
121 kb

CRIMINAL LEGISLATION OF INTELLECTUAL PROPERTY GUARDING IN RUSSIA AND FOREIGN COUNTRIES

abstract 0741110076 issue 74 pp. 880 – 888 30.12.2011 ru 1485
The article is devoted to some troubles connected with structure of the Russian legislation in sphere of criminal-legal guarding of intellectual property. Shown foreign experience of legal regulation of intellectual property relations examples, and proposing ways of improving current legislation on its grounds
129 kb

CRIMINAL LEGAL ASSESSMENT MULTIPLE OFFENSES IN THE INTERPRETATION OF THE PLENARY SUPREME COURT OF THE RUSSIAN FEDERATION

abstract 1041410149 issue 104 pp. 2144 – 2152 30.12.2014 ru 1148
The article provides an overview of the resolutions of the Plenum of the Supreme Court of the Russian Federation, reflecting different approach to qualification of multiple offenses
154 kb

CRIMINAL AND LEGAL STRUGGLE WITH TERRORISM IN MODERN CONDITIONS

abstract 1181604053 issue 118 pp. 890 – 904 29.04.2016 ru 756
Discussion and problem questions of criminal-legal struggle with terrorism are considered. Terrorism as a phenomenon of our society was analyzed. The assessment of criminal legislation and the bill on property and criminal responsibility of relatives of terrorists is given
150 kb

CRIMINAL AND LEGAL CHARACTERISTIC OF NON-TARGETED SPENDING OF BUDGETARY FUNDS

abstract 1151601071 issue 115 pp. 1127 – 1139 27.01.2016 ru 635
The article analyses the criminal and budgetary legislation in the field of non-targeted spending of budgetary funds. Research of the official statistics provided by the General Prosecutor’s Office of the Russian Federation from 2003 to 2014 showed a decrease in the facts of nontargeted spending of budgetary funds, that, according to the authors, is a sign of high level of latency, because law enforcement and financial control authorities are facing difficulties at a stage of identification of this crime and proof of data obtained during the investigative measures. The authors of the article paid special attention to the analysis of the elements of the non-targeted spending of budgetary funds. The different points of view of the object of this crime are considered. At disclosure of objective features, the authors point to the terminological differences between the Criminal code of the Russian Federation and the Budgetary code of the Russian Federation that, undoubtedly, in practice disturb the correct qualification of the actions. By consideration the subject of non-targeted spending of budgetary funds, materials of criminal cases have been studied which allowed to reveal obvious gaps of the criminal law in this sphere. The authors formulated the proposals for improving the legislation by inclusion of the qualifying features and addition the third part of article that, certainly, has to be reflected in differentiation of criminal responsibility
163 kb

CRIMES COMMITTED BY LEGAL ENTITIES IN FOREIGN COUNTRIES AND TYPES OF PENALTIES APPLIED TO THEM (A SYSTEMATIC REVIEW OF FOREIGN PRACTICES)

abstract 1081504064 issue 108 pp. 891 – 903 30.04.2015 ru 1067
The scientific article: "The crimes committed by legal persons in foreign countries and penalties applied to them (a systematic review of international practice)" encompasses a statement of practices in sentencing in foreign countries for crimes committed by legal entities. The article reflected the author's consistent position on the feasibility of the introduction of the Russian criminal law liability of legal persons, which is justified by reference to the experience of the institution of criminal liability of legal entities in several foreign countries, and forsake not the position of the Investigative Committee of the country, nominated in 2011, the idea of criminal liability companies. The content of the article is aimed at an exchange of views on the problems of introducing criminal liability of legal persons in the Russian criminal law. Analyzed experience in combating crime entities reasoned position as the leading experts in this area and materials jurisprudence allows fully justified to assume a legal entity as a full subject of criminal activities in Russia. In addition, the chronological period law enforcement and pluralistic views of members of the judiciary of England and the United States, determine the inevitable process of globalization of the world legal community in which Russia now occupies a prominent place
149 kb

CRIMES AGAINST FAMILY AND MINORS: ANALYSIS OF TYPICAL INVESTIGATIVE SITUATIONS OF THE INITIAL STAGE OF THE INVESTIGATION

abstract 1161602081 issue 116 pp. 1293 – 1305 29.02.2016 ru 969
The article describes typical investigatory situations on initial stage of the investigation, we have given the peculiarities of the situations in crimes against the family and the structure of the investigative action on each of them
171 kb

CRIME PREVENTION IN A PARTICULAR CRIMINAL CASE ABOUT DRUG TRAFFICKING

abstract 1281704057 issue 128 pp. 836 – 853 28.04.2017 ru 673
In the article the authors analyze the state of crime prevention in special legal literature, with analyses certain provisions of the criminal procedure code of Russia, allowing carrying out the preventive activities of the investigator during the investigation of criminal cases. In particular, the authors discuss the actual activities of the investigator in relation to the investigation of illicit trafficking in drugs. In the scientific article we have taken into account the views of famous scientists: R. S. Belkin, S. A. Solunskogo, A. N. Kolesnichenko, I. A. Vozgrin, I. I. Ivanov and others
127 kb

CREDIBILITY OF TESTIMONY ESTIMATE

abstract 0621008040 issue 62 pp. 462 – 473 28.10.2010 ru 2078
The estimation and check of reliability of indications of the victim is possible only under condition of a recognition of the last admissible and attribute proofs. Therefore inadmissible or not attribute indications of the victim are simultaneously doubtful proofs. Value of indications of the victim is caused by what the data directly concerning materials of criminal case contain. The given circumstance should force authorities of criminal legal proceedings to concern check and an estimation of the received information more attentively and critical, therefore the circumstances excluding responsibility accused, or, on the contrary, guilt in fulfillment of a crime can be established
199 kb

COUNTERING CRIMINAL BUSINESS AND “LEGALIZATION” (LAUNDERING) OF CRIMINAL INCOME IN THE SOVIET RUSSIA AND THE USSR (1918-1936)

abstract 1291705072 issue 129 pp. 1001 – 1019 31.05.2017 ru 459
In the article, we analyze the measures that the lawenforcement authorities of the Soviet Russia and the USSR undertook against the process of bringing the criminal income into the economy of the country and using it for the destabilization of the economy and supporting criminal activities. This work reveals the true essence of criminal funds and the degree of its danger to the state and society. The author suggests that the present-day crisis in the state and political order is, largely, related to the criminogenic component of the country development, i.e. the criminal revolution in Russia in the mid 90-s of the XX century. The criminality has always been a serious problem for the society, but only in some countries it reached the level when it became a threat to national security. The factor contributing to such situation is, in the first place, the lack of action on the part of the society and the state. This allows the criminality to penetrate in all social and public institutes and create the political and economic chaos. For obvious reasons, such social context results in the dissolution of the state and the formation of smaller state structures, the introduction of external control, the loss of sovereignty and the annexation of its territories by more powerful states
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