Scientific Journal of KubSAU

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

PARLIAMENTARY CONTROL: NOTION AND APPOINTMENT

abstract 1161602040 issue 116 pp. 588 – 600 29.02.2016 ru 688
The present article is devoted to the institute of the Parliament control in Russian Federation, its role and importance in the structure of functions of the Parliament of Russia. The authors of the article analyze the different approaches to the notion of the Parliament control in the theory of constitutional law, in federal and regional legislation. The author’s definition of the Parliament control is formulated. The focus on the necessity of the clear setting of the present term in the present legislation of the Russian Federation is made. In the article there were reflected the ways of the Parliament control, there were given their characteristics. The authors state the key and secondary aims of the Parliament control set in the federal law. In the article there was given the characteristics of the principles of the Parliament control set in the federal law. The authors offer to extend the list of present principles of the Parliament control with the aim of the deeper understanding of its essence. The authors pay to the special attention to the role and the importance of the institute of the Parliament control in the Russian Federation, its influence on the development of the legal civil society in Russia. The special role of the Parliament as a representative institution of the people expressed its role. The assessment of the effectiveness of the execution of the Parliament control by the Russian Parliament on the modern stage of the country’s development is given. The problems of the trends of the improvement of the Parliament control are touched
152 kb

ABOUT IDENTITY OF THE RUSSIAN MODEL OF CIVIL SOCIETY: NONTRADITIONAL VIEW ON TRADITIONAL VALUES

abstract 1181604064 issue 118 pp. 1050 – 1060 29.04.2016 ru 681
This article focuses on actualization of mainstreaming of research the problems of development of native civil society within the conservative direction, based on historical civilizational identity of Russia. Comparing main postulates of russian and west civilizations their historically formed priorities in spiritual, political and economic spheres are showed. Based on them and on critical assessment of attempts to adapt the western model to Russian reality, authors consider that the nature of the problem of similarity between Russian reality and model civil society is in only west orientation of civil society theory, which does not suit to stable features of Russia as specific civilization. Trying to find an optimal model of civil society, authors refer to an idea of core values of native civilization. A number of historical issues, which influence on positive development of civil society in Russia, is showed. In order to solve them it is suggested to take measures, the realization of which depends on implementation some functions by civil society together with the state. It is concluded, that Russian society during its history can be reviewed as a civil society within its traditional value
131 kb

LEGAL NATURE OF CORPORATE AGREEMENT IN THE RUSSIAN LAW

abstract 1181604021 issue 118 pp. 386 – 396 29.04.2016 ru 680
Legal consolidation of the corporate agreement institution in the Civil Code of the Russian Federation allowed the participants of business companies to implement and manage corporate rights in accordance with this agreement. However, reception of the institution and the lack of uniform court practice gave rise to many doctrinal disputes about the legal nature of the contract. The article presents the opinions of scientists on the issue of what rules of areas of law regulate the corporate agreement, whether it is separate or complex legal institution. The authors consider that the corporate agreement is governed exclusively by the rules of civil law. The corporate agreement is not a contract or an obligation in the traditional sense, however, it should be subjected to the general rules of obligations and contract law The corporate agreement has features of the unnamed contract, but despite this, it should be recognized as an independent civil law named contract. It is needed to ensure that, in addition to the general rules of the Obligations and Contracts, the rules of a treaty on the rights of participants of the limited liability and stockholders' agreement are applied to the corporate agreement
171 kb

CRIME PREVENTION IN A PARTICULAR CRIMINAL CASE ABOUT DRUG TRAFFICKING

abstract 1281704057 issue 128 pp. 836 – 853 28.04.2017 ru 674
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
185 kb

RESTRICTIONS AND RESPECT FOR THE PRINCIPLE OF IMMUNITY OF THE RIGHT OF THE PRIVATE PROPERTY IN CASE OF THE ADDRESS OF COLLECTION ON SEPARATE TYPES OF PROPERTY

abstract 1221608072 issue 122 pp. 1046 – 1063 31.10.2016 ru 670
In the article, we have performed an analysis of respect for the principle of immunity of the right of a private property in case of the address of a claim to property. Restrictions of the principle of immunity are shown concerning both property objects, and concerning competences of the owner that in case of proper approach from the legislator is not violation of the rights and interests of the person. The unique premises can act as a subject of the address of collection of debts of the testator. It is established that the size of the money which isn't subject to collection shall be determined living at least by the territorial subject of the Russian Federation, and also funds for expenses for acquisition of necessary medicines and the equipment shall be in addition guaranteed. Shortcomings and contradictions in case of regulation of the bases of the address of collection on separate types of property are revealed, suggestions for improvement of these provisions are made
103 kb

ORGANIZATION IN THE STRUCTURE OF THE METHODOLOGY OF INVESTIGATION OF CRIMES AGAINST FAMILY AND MINORS

abstract 1301706029 issue 130 pp. 389 – 394 30.06.2017 ru 667
The article briefly describes the completeness of the organization of the investigation and its relevance to forensic techniques. The peculiarities of the structure of the technique of investigation of crimes against family and minors were examined
103 kb

SOME QUESTIONS CONCERNING THE PROPERTIES OF THE INDIVIDUALITY OF THE VICTIM WHEN INVESTIGATING CRIMES AGAINST LIFE AND HEALTH, MOTIVATED BY ETHNIC, RACIAL OR RELIGIOUS HATRED OR ENMITY

abstract 1041410150 issue 104 pp. 2153 – 2159 30.12.2014 ru 666
The article discusses the features of the personality of the victim in cases of crimes against life and health, motivated by ethnic, racial or religious hatred or enmity with victimological perspective
126 kb

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

abstract 1211607115 issue 121 pp. 1840 – 1849 30.09.2016 ru 661
The article describes the contents of typical investigatory situations in the initial phase of the investigation of crimes against family and minors and the investigation version is based on the situation. We have also described an algorithm of investigation of each situation
171 kb

ENSURING FULFILLMENT OF OBLIGATIONS BY MEANS OF GUARANTEE: FROM BANKING TO INDEPENDENT

abstract 1181604036 issue 118 pp. 658 – 674 29.04.2016 ru 657
Russian civil legislation contains a list of ways in which the parties to the transaction have the ability to enforce the commitments. These methods form an important institute of the Russian law of obligations. For a lender, ensuring the fulfillment of the obligation is an additional guarantee that the commitment made by the debtor of his obligation will be fulfilled properly in accordance with the terms of agreement between them. In this article we will focus on independent guarantee – one of civil-law ways of ensuring the fulfillment of the obligations which differs from the others. The independent guarantee is not new to the domestic civil law. Thus a bank guarantee, familiar to the Russian law, have transformed. Having made a comparative legal analysis of the characteristics of a warranty considering significant changes in liability law norms, the authors explore the legal nature of the independent guarantee, define its place in the system of the ways of ensuring the fulfillment of obligations, analyze the feasibility and effectiveness of the implementation of the warranty in practice, focus attention on the discussion of theoretical questions, and name problems that law enforcers may face in ensuring the fulfillment of obligations by means of the independent guarantee
135 kb

ABOUT CRIMINAL LIABILITY FOR PHYSICAL ASSAULT

abstract 1281704082 issue 128 pp. 1186 – 1196 28.04.2017 ru 654
The article deals with a new type of crime – physical assault committed by a person brought to the administrative punishment. The research is referring to meaning, base and measure of criminal liability. The authors are analyzing the positions of scientists and practitioners about making this amendment in Russian Criminal Code
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