Scientific Journal of KubSAU

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

THE BARTER AGREEMENT IN THE CIVIL CODE: HISTORY OF ITS APPEARING AND DEVELOPMENT IN RUSSIA

abstract 1171603035 issue 117 pp. 566 – 583 31.03.2016 ru 652
In the article, legal norms of barter agreement are exposed to the detailed analysis. They were fixed earlier in the Civil Codes of RSFSR 1922 and 1964. The authors analyze the modern legal adjusting of barter agreement in the operating Civil Code of the Russian Federation. Characterizing signs of barter agreements are investigated and they allow distinguishing it from a bargain and sale. It is marked that the barter agreement got the detailed regulation of relations only in the operating Civil Code of the Russian Federation. The purview of norms about the agreement of barter broadened in course of time. That was taken into account by a legislator. A modern legislation regulates the features of relations arising up in connection with execution and conclusion of treaty of barter. Earlier operating legislative acts did not take into consideration many questions, related to the relations of barter, arising up in practice. Soviet scientists examined some questions that were and remain now without adjusting or require a specification from a legislator. For example, concerning Civil Codes of RSFSR 1922 and 1964, the imperfection of legal determination of agreement of barter was marked. This decision did not take into account that commodities were passed in property of another side. Modern legislator names it a "commodity the object of the barter agreements. In the same time in practice there is a lot of questions about possibility of applying property rights to the object of the barter agreement. Other critical remarks about the rules of the barter agreement in the civil legislation of RSFSR and the Russian Federation were done by the author in the article
192 kb

ORG ANIZATIONAL AND ADMINISTRATIVE ACTIVITIES OF THE HEAD OF THE INVESTIGATIVE BODY, THE BODY OF INQUIRY AND THE HEAD OF THE INVESTIGATION GROUP ON FORMATION AND FUNCTIONING OF THE INVESTIGATIVE TEAM

abstract 1181604038 issue 118 pp. 692 – 711 29.04.2016 ru 647
The author has analyzed scientific and technical literature, plus materials of judicial and investigative practice, criminal procedural law, different views of scientists, as well as his own judgments on the proposed changes and additions to the content of the article 163 of Criminal Procedure Code. The analysis allows the author to declare the need to invite the heads of the investigative bodies of the various departments and units to carry out more in-depth additional analysis of the items and norms of the criminal procedural law governing the activities of the detective, the head of the investigative body, the head of the investigation team, the investigator, the chief of the inquiry body, the body of inquiry unit and the head of the group of investigators. However, the article 163 of Criminal Procedure Code provides for organizational and administrative activity of the head of the investigative body in terms of decision-making on the establishment of the investigation team, in determining the psychologically compatible, pushing and experienced investigators, members of the investigation team, as well as the approving of the head of the investigative group. Moreover, according to the p. 3 of part 1 of the art. 39 of the Russian Criminal Procedure Code, a head of the investigative body has the right to give instructions about the direction of the investigation and certain investigative actions
137 kb

TO THE QUESTION ABOUT PROBLEMS OF THE QUALIFICATION OF FRAUD IN THE SPHERE OF LENDING

abstract 1201606078 issue 120 pp. 1188 – 1198 30.06.2016 ru 646
The article covers the problems of the classification of the crime under Article 159.1 of the Criminal Code of the Russian Federation, and its delimitation from certain related offenses. The article analyzes a definition of the area of lending as well as the definition of a bank or any other lender. The article also analyzes a subject of a crime and the subjective aspect of a crime. The author pays special attention to the analysis of the ways (methods) used to commit fraud in the area oflending. The article considers the question of whether the known to be false or misleading information provided to a bank or other lender is the evidence for the crime stipulated by Article 159.1 of the Criminal Code of the Russian Federation. The article encourages the exchange of the opinions upon the problem of the application of the law on fraud in the area of lending. The author indicates the need for some changes in Article. 159.1 of the Criminal Code of the Russian Federation and the adoption of a new resolution of the Plenum of Russian Supreme Court, which will resolve difficulties in qualifying fraud in the area of lending
150 kb

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

abstract 1151601071 issue 115 pp. 1127 – 1139 27.01.2016 ru 641
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
155 kb

PROBLEMS OF LEGAL REGULATION OF FREE LEGAL HELP

abstract 1161602039 issue 116 pp. 575 – 587 29.02.2016 ru 622
The authors of the article analyze the legal grounds of free legal assistance marking the novels of legislation regulated by the federal law “On free legal assistance in the Russian Federation” and problems connected with its realization. There were given the characteristics of subjects of state and non-state systems of free legal assistance in the article. The special attention is paid to the specificity of the activity of state and municipal agencies, legal clinics, non-state centers of free legal assistance. The authors consider the peculiarities of legislation of the subjects of the Russian Federation setting the guarantee of rights on getting of free legal assistance. The problems of legal assistance under the presenting of citizens’ interests in arbitrary courts, problems of legal clinics assistance quality, problems of legal provision of the activity of municipal legal agencies are analyzed in the article. Due to the practice of realization of legislation in the Krasnodar region there were made the conclusions on the reasonability of extending of the list of citizens’ categories having the right for free legal assistance and cases of such assistance, giving the compulsory authority to the agreement on free legal assistance; the introduction of the article on municipal legal agencies into the Federal law; working outs of standards of the activity of legal clinics and systems of preparations to the legal assistance of students and teachers
134 kb

ENFORCEMENT OF THE RIGHTS OF THE MINORITY OF ACCUSED ATTENDING THE MATERIALS OF THE CRIMINAL CASE

abstract 1331709062 issue 133 pp. 812 – 822 30.11.2017 ru 621
The article explores the problems, acquaintance with the materials of the criminal case of a minor accused in the aspect of ensuring his rights as a defender and legal representative. With a view to the proper legal regulation of this procedure, it is proposed to establish a procedure for the joint familiarization with the criminal case file of counsel and the legal representative of a minor accused in the norms of the Code of Criminal Procedure, as well as the procedure for compulsory participation of a legal representative of a juvenile accused while acquainting himself with all materials of the criminal case
139 kb

FORMATION OF TAURIAN DISTRICT AS THE SUBJECT OF ADMINISTRATIVE AND TERRITORIAL STRUCTURE OF THE RUSSIAN EMPIRE IN 1784-1796

abstract 1151601044 issue 115 pp. 730 – 740 27.01.2016 ru 603
The article examines the historical conditions and the legal regulation of the Crimean Khanate territory joining to the Russian Empire in 1783 and formation of Taurian District as a new specific administrative and territorial unit. Specific characteristics of Taurian District are highlighted, as well as tasks that region faced due to its geographical position and constant wars between Russian empire and Ottoman Porte. Attention is paid to the factors that led to the creation of the district but not the viceroyalty, in contrast to other areas joined in the same time. The different examples of understanding of the term "distrist" – "oblast" – in science and language are given. The author clarifies certain features of the district, which were not taken into account in deriving the scientific definition of the district by Dambaeva O.P. Decrees and their background issued by the legislator are characterized. The problems of an administrative nature encountered by the legislator in the face of Empress Catherine II and her representative governor Grigory Potemkin-Tavricheski, and then by Platon Zubov are highlighted. Among these problems there were emphasized the transfer of ownership of the Tatars property who left the territory, as well as the creation of an accurate map of newly joined territory
161 kb

A FARM UNINCORPORATED AS A SUBJECT OF TRADING RELATIONS

abstract 1311707028 issue 131 pp. 288 – 300 29.09.2017 ru 603
The article touches upon the question of the legal personality of farm unincorporated as a whole and in trading relations. The author gives scientific concepts concerning the recognition / non-recognition of farm unincorporated as a subject of law. Most scientists believe that the farm unincorporated does not subjects of law. Proponents of this view consider the farm unincorporated as a multiplicity of persons, or as a kind of special partnerships. The author thinks that these points of view are questionable. The author joins the persons who think that the farm unincorporated is a special subject of law. The author understands the trading relations as a cross-industry category. Therefore, the author concludes that the farm unincorporated is the subject of the trade relationship. This is because the farm unincorporated is not a subject of civil law, but it is a subject of other branches of law (for example, land law and labor law). Therefore, a farm unincorporated can be the subject of trading relations
157 kb

CONTROL AUTHORITIES OF INSTITUTIONS OF THE CIVIL SOCIETY CONCERNING TO THE STATE POWER

abstract 1161602056 issue 116 pp. 809 – 820 29.02.2016 ru 601
The article is devoted to the analysis of the legal status of institutions of the civil society owing the control authorities concerning to the organs of state power. We have analyzed the legislature, which is fixing the bases of public control and practice of activity of corresponding institutions of civil society; the authors show the main problems of activity of subjects of public control and give proposals on their solving because it is necessary to increase the effectiveness of execution of public control in the Russian Federation
139 kb

CIRCUMSTANCES AFFECTING THE TIMING AND QUALITY CONSIDERATION OF CRIMINAL CASES IN THE COURTS OF APPEAL

abstract 1251701045 issue 125 pp. 680 – 688 31.01.2017 ru 593
In the present article the analysis of essence of system of the appeal, check and revision of judgments is carried out; the state is defined the condition of this system and its functioning on the basis of current trends of development of the acting criminal procedure legislation, practice of its application is defined; the circumstances and collisions influencing terms and quality of consideration of criminal cases in courts of appeal instance come to light and also recommendations and suggestions for improvement of work of the courts of the court of appeal are formulated
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