Scientific Journal of KubSAU

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

THE LIMITS OF PROSECUTORIAL SUPERVISION IN ROAD TRAFFIC SAFETY

abstract 1021408013 issue 102 pp. 231 – 257 31.10.2014 ru 1299
The article attempts to reach the concretization of the concept of "limits of prosecutorial supervision" in relation to the implementation of supervisory activities in road safety
139 kb

THE MAIN DIRECTIONS OF SOCIAL ACTIVITY IN THE FIRST YEARS OF THE SOVIET POWER

abstract 1061502072 issue 106 pp. 1098 – 1108 28.02.2015 ru 892
The presented article is devoted to studying and consideration of the main directions of realization of social function during the concrete historical period of development of the Russian state. The carried-out analysis of a state policy of the Soviet power opens features of formation of legal bases of the social state during the Soviet period. The purposes facing the state and tasks of providing all members of society with means of livelihood and free development, defined the priority provision of social activity in the state political system. Consequences of military and revolutionary events generated a difficult social situation in the country: a low standard of living of citizens, mass poverty and hunger, lack of necessary medical care and shortage of medicines, distribution of homelessness and growth of mortality among the population. All these social and economic problems demanded from the state of carrying out effective actions for change of public life and to adjustment of a social situation in the country. The most important directions of implementation of social policy in the first years of formation of the Soviet state were the organization and development of social insurance and social security; regulation of the labor relations and elimination of unemployment; organization and development of health system; organization and development of education; elimination of children's neglect and homelessness
106 kb

THE MAIN TRENDS OF THE INFLUENCE OF ILLEGAL USE OF NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ON CRIME

abstract 1041410147 issue 104 pp. 2127 – 2133 30.12.2014 ru 778
The aim of this article is to identify the main trends of the influence of illegal use of narcotic drugs and psychotropic substances to the crime. We considered the basic problems of drug addiction in the population, the spread of drug-crime relationship addiction and crime. The actual study of illicit use of narcotic drugs and psychotropic substances on crime is built methodologically on the following positions: comparative-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 the spread of drug addiction and drug crime. We have to determine the main trends of the illicit use of narcotic drugs and psychotropic substances to the crime and define the core area formation of the Russian anti-drug policies, taking into account the impact of demand (drug use) to proposal (drug crime), and feedback between drug supply and abuse of narcotic drugs and psychotropic substances
183 kb

THE MEANING OF SHARE IN THE PROPERTY LAW AND COMMON POSSESSION OF PROPERTY RIGHTS: A HISTORICAL ANALYSIS

abstract 0911307001 issue 91 pp. 1 – 23 30.09.2013 ru 1497
In the article we have studied the history of formation and development of concepts of share in the point of property rights; we have also compared civil institu-tions of common property, plurality of persons in the obligations, joint authorship, and joint ownership of property rights. The author proves the need for a new legal institution of common possession of property rights
202 kb

THE NATURE AND SIGNIFICANCE OF THE SEARCH ACTIVITIES OF THE UNITS ENGAGED IN OPERATIONAL INVESTIGATIVE ACTIVITIES

abstract 1161602065 issue 116 pp. 952 – 971 29.02.2016 ru 748
The authors of the article analyze the nature and significance of the search activities of the units engaged in operational investigative activities. They consider operational investigative activities as a complex system of operational investigative actions including their different types according to their subject and goals, the problems solved and functional peculiarities as well as the observing (limiting) the rights and freedom of the participants of the activities. Depending on the specific tasks an important part of the system of search operations comprise those which provide detection, prevention and investigation of crimes, detection of wanted persons and objects of criminal assault, as well as operational support of state coercion, appointed by court order . In the theory of operational and investigative activities, they are referred to as "reconnaissance actions", and they reveal the essence of this type in general and search activity (operational research) in particular. Thus, the authors share the view expressed in the literature, according to which the system of reconnaissance and search operations carried out mainly behind the scenes and using a particular service, means, methods and forms, is the essence of operational and investigative activities
132 kb

THE NEW ECONOMIC POLICY (NEP) AND THE REGULATION OF PROPERTY RIGHTS OF THE LANDS IN THE USSR DURING THE PERIOD OF ITS IMPLEMENTATION

abstract 0941310023 issue 94 pp. 311 – 323 27.12.2013 ru 1098
This article highlights the Bolsheviks's attempts to streamline land relations in the countryside and to direct the peasantry in channel of the collective land using during the period of the NEP. The author shows that these initiatives have not been successful, whereby the land problems have not been solved. Land in the village was still shared, rented, and actually bough
120 kb

THE NEW LEGAL FORM OF THE ENTITY – PUBLIC COMPANY

abstract 1001406033 issue 100 pp. 580 – 589 30.06.2014 ru 2117
The article considers the concept of juridical person of public law in connection with new Civil Code. On the basis of features of juridical person of public law worked out up to today the author analyses the approaches to consolidation of this category in legislation
137 kb

THE NOTION AND LEGAL REGULATION OF E-COMMERCE

abstract 1111507040 issue 111 pp. 708 – 720 30.09.2015 ru 1043
More and more goods are sold by the means of the Internet and other information and telecommunication networks from year to year. Despite the common practice to sale goods on websites, a general idea of ecommerce is not formed in the modern legal science and the current legislation, the notion ‘electronic commerce’ itself is missing. The presence of multiple gaps in the law and the growing number of disputes have served as a reason for writing this article which touches the issue of studying e-commerce as one of the kinds of business activity. The article describes scientific approaches to the definition of the notion ‘electronic commerce’, the problem the e-commerce object is raised, the notion ‘electronic transaction’, general provisions of transactions, performed by the means of information and telecommunication networks, are analyzed. The authors have paid attention to the practice of concluding contracts by the means of Internet resources, have noted the problem of the correlation between the content information posted on the website and the browse-wrap agreement. The authors consider necessary to legalize of the notion ‘electronic commerce’, to determine legislatively its parties and the rules of implementation. Systematization of the provisions on electronic commerce can be realized within the scope of a separate federal law 'On the Rules of Ecommerce.' Such measures will be able not only to bring the current pattern of Russian business nearer to the international standards, but also to raise it to a new level
140 kb

THE PERSONALITY OF A PERSON AS A COMPONENT ELEMENT OF CRIMINOLOGICAL ASPECTS OF IMPLEMENTATION OF INSTITUTE OF NECESSARY DEFENSE IN THE ATTACKS ON LIVES OF MEMBERS OF THE FAMILY AND MINORS

abstract 1291705073 issue 129 pp. 1020 – 1031 31.05.2017 ru 3277
The article deals with the main reasons, which obstruct the ability of citizens to realize their birthright on a necessary defense in the protection of family members and minors. The article has paid attention to the importance of the criminological characteristics of the crimes, with an aim to develop measures on prevention of criminality. The author has analyzed socio – demographic characteristics of the individual, who can use the right of necessary defense for guard family members and minors, based on key descriptions (gender, age, level of education, occupation, marital status. There is a proposed change in the article 37 of the criminal code, with a new category of persons – family members and minors. The author also suggests reducing the size of the criminal responsibility, in the article 108 and 114 of the criminal code of the Russian Federation, to one year for persons who exceeded the limits of necessary defense, when they protect family members and minors
155 kb

THE PLACE AND THE ROLE OF TRADE UNIONS IN THE LIFE OF THE CONTEMPORARY RUSSIAN SOCIETY

abstract 1211607023 issue 121 pp. 511 – 524 30.09.2016 ru 1268
This article deals with the legal status of trade unions in contemporary society, it reveals the basic functions of trade unions. It is shown, that the existing labor legislation and legislation on trade unions is contradictory, difficult to use, and it can be stated that it does not meet current realities. The work of the trade union organization directly depends on how the evolving state. Any social changes pose new challenges for trade unions, sometimes require radical change of priorities, forced again and again looking for new forms and methods of solving problems, so today there is very important to assess the role of trade unions in modern Russia, their values, and legal status. In addition, in this regard, the authors justify the need for further improving of labor legislation and legislation on trade unions, especially regarding the definition and specification of the tasks and functions of trade unions. The authors propose to clarify the definition of "trade union", to consolidate the open list types of trade union organizations and to define their functions. In order to strengthen the role of trade unions, we should require employers not only take into account the reasoned opinion of the trade unions when making decisions, but accept local acts only with the prior permission of trade unions, as well as to establish administrative responsibility in the case of failure
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