Scientific Journal of KubSAU

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

CRIME PREVENTION IN A PARTICULAR CRIMINAL CASE ABOUT DRUG TRAFFICKING

abstract 1281704057 issue 128 pp. 836 – 853 28.04.2017 ru 672
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
135 kb

ABOUT CRIMINAL LIABILITY FOR PHYSICAL ASSAULT

abstract 1281704082 issue 128 pp. 1186 – 1196 28.04.2017 ru 648
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
156 kb

SYSTEM METHODS SEARCH ACTIVITY AT CARRYING OUT OF INVESTIGATORY ACTIONS ON DETECTION OF STOLEN PROPERTY

abstract 1281704099 issue 128 pp. 1402 – 1415 28.04.2017 ru 508
In the article, the author analyzes the aspects of the investigative activity of the investigator to locate the stolen property, provides the scientific approaches to the structure and content of investigative versions; the authors assess the relationship of the investigative versions and typical investigative situations; propose the algorithms of actions of the investigator in tracing stolen property with regard to various investigative situations
156 kb

IMPLEMENTATION BY SUBJECTS USE OF SPECIAL KNOWLEDGE OF ITS AUTHORITY DEFINITION OF SIZE, PROPERTY HAZARDS, CAUSED BY THE CRIME

abstract 1291705002 issue 129 pp. 23 – 36 31.05.2017 ru 293
The article reveals the peculiarities of the use by the subjects of special knowledge (inquirer, investigator, inquiry body) of their powers in determining the amount of property damage caused by the crime. The authors compare the possibilities of criminal and procedural actions in assessing this type of damage.
162 kb

FEATURES OF HONOR, DIGNITY AND BUSINESS REPUTATION OF THE COSSACKS OF THE KUBAN COSSACKS ARMY AS OBJECTS OF THE CIVIL PROTECTION LEGAL RELATIONSHIP ON THEIR JUDICIAL PROTECTION FROM DEFAMATION

abstract 1291705036 issue 129 pp. 408 – 419 31.05.2017 ru 420
Currently, with the support of the Krasnodar region administration, the task of returning the Cossack way of life in the territory of Kuban is being solved. In these conditions, features of honor, dignity and business reputation of Cossacks of the Kuban Cossack army as objects of the civil protection legal relationship on their judicial protection from defamation, considered in the article, become very relevant. It is suggested in defamatory litigation to leave the stereotyped, based on the same for all understanding of these immaterial benefits, to take into account their characteristics for the different groups of population, including Cossacks of the Kuban Cossack army
188 kb

CRIMINAL RESPONSIBILITY OF PERSONS WHO HAVE COMMITTED CRIMES IN THE STATE OF INTOXICATION

abstract 1291705050 issue 129 pp. 659 – 677 31.05.2017 ru 401
The article analyses the criminal legislation in the application of such circumstance aggravating punishment as crime in a state of intoxication. Different points of view on a concept of state of intoxication and its value for qualification of crimes and criminal liability are considered. It is emphasized that now the legislator establishes the rule according to which the person who commits a crime in a state of intoxication caused by alcohol, drugs, psychotropic substances or their analogs, new potentially dangerous psychoactive substances or other intoxicating substances is held to criminal liability on general basis. In the article, we describe foreign criminal laws concerning rules of sentencing a person who committed a crime in state of intoxication. The authors paid special attention to consideration of court practice of application of this circumstance aggravating punishment. The authors illustrate the lack of uniformity in approach of judicial authorities to application of this circumstance. The authors formulated the proposals for improving the existing criminal legislation. In addition, the authors point to the need for the Resolution of the Plenum of the Supreme Court of the Russian Federation, which would explain in detail the accounting rules of state of intoxication at criminal sentencing
204 kb

METHODS FOR FIGHTING CORRUPTION IN RUSSIA

abstract 1291705057 issue 129 pp. 771 – 782 31.05.2017 ru 1192
The article is devoted to such problem in modern Russia as corruption. The authors emphasize the degree of corruption of public authorities. It also provides public opinion polls and statistics, through which it is possible to carry out parallel comparison with previous years, as well as find out the causes and ways of combating corruption. According to the authors, fighting corruption comprehensively is urgent, using a package of measures. However, the most urgent measure seems tougher sanction measures for corruption crimes. Yet, the authors conclude that the fight against corruption is a very complex phenomenon
149 kb

DIFFERETIATION OF ADMINISTRATIVE OFFENSES AND CRIMES

abstract 1291705062 issue 129 pp. 855 – 866 31.05.2017 ru 824
The article considers the issue of correlation of criminal and administrative responsibility. There are various points on the vision of this problem. The main legal gaps that prevent the delineation of an administrative offense and a crime are revealed
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 455
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
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
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