Scientific Journal of KubSAU

Polythematic online scientific journal
of Kuban State Agrarian University
ISSN 1990-4665
AGRIS logo UlrichsWeb logo DOAJ logo
Search by author's name Search by title
Sort by: Date Title Views
133 kb

THEORETICAL AND PRACTICAL ASPECTS OF REALIZATION OF THE RIGHT FOR EDUCATION BY CITIZENS OF THE REPUBLIC OF SOUTH OSSETIA IN MODERN CONDITIONS

abstract 1071503069 issue 107 pp. 996 – 1006 31.03.2015 ru 1008
The constitutional regulations of all countries guarantee their citizens the right to education. In the Republic of South Ossetia during last years we observed a process of modernization of the state. In particular, the legislation on education directed on guaranteeing the right of citizens for education has been developing. The state defined the main directions of a development of education, material and personnel resources, and also the problems in this sphere were revealed. One of key problems is insufficiency of financing of an education system which doesn't allow guaranteeing the right for education at the necessary level. The availability of educational institutions for students is essential to guarantee the right to education. Modern states establish minimum standards for primary, secondary and higher education. Thus, primary education must be universal, compulsory and free, and in case of its absence, elementary education should be encouraged or intensified. In the secondary, including vocational, education guaranteed openness and accessibility for all, including through "progressive introduction of free education". In the Russian Federation, the availability of educational institutions for students was solved comprehensively, but mainly due to the municipal reform, according to which the territory is rural and urban settlements were formed taking into account walking distance from the administrative center. The author proposes to consider similar experience for South Ossetia
134 kb

THEORETICAL APPROACHES TO THE DEFINITION OF LEGAL CAPACITY IN CIVIL LAW OF RUSSIA AND FOREIGN COUNTRIES

abstract 1341710023 issue 134 pp. 273 – 282 29.12.2017 ru 1303
The article is devoted to the analysis of the concept of legal capacity, which is one of the fundamental concepts in the science of civil law. The authors have covered approaches to the disclosure of this concept in the legal systems of foreign countries. The common features inherent in all considered variants of interpretation were revealed. Legal capacity is a sufficient criterion for establishing the fact of the legal existence of a legal entity. In accordance with Art. 17 of the Civil Code of the Russian Federation, legal capacity is the ability of an individual to have rights and bear responsibilities. The emergence of the legal capacity of an individual is determined by the moment of his birth (clause 2 of Article 17 of the Civil Code of the Russian Federation). Accordingly, the termination of legal capacity is determined by the moment of biological death (clause 2 of Article 17 of the Civil Code of the Russian Federation), since the subject of law no longer exists. If the person has been declared dead, but in fact is alive, this does not detract from his legal capacity, he automatically continues to use his legal capacity, respectively to enjoy the full range of rights and bear the responsibilities. In the scientific literature, both passive and active legal capacity are distinguished. The authors study different approaches, shows the lack of a common understanding of legal capacity, but all analyzed doctrinal approaches have a common feature - all reflections concern a certain person, his rights and duties. The authors concluded that the key component of legal capacity is the ability to be a subject of statutory rights and obligations
135 kb

TO A QUESTION OF DEVELOPMENT OF THE CONSTITUTIONAL REFORM IN MODERN RUSSIA

abstract 0781204016 issue 78 pp. 186 – 198 30.04.2012 ru 1613
In the history of Russia, the year of 2012 opens the report of the new period of its development. The constitutional transformations begun in the end of 80’s of the last century, they find new directions and are filled with new maintenance, commensurable with worldwide processes. Sights at the tendencies formed in new conditions with orientation on succession in development of the previous transformations are offered in this article
132 kb

TO THE DEFINITION OF “ORDINARY COURSE OF BUSINESS” IN CORPORATE LAW

abstract 0921308037 issue 92 pp. 564 – 576 31.10.2013 ru 1563
This article deals with civil cases before the courts and relating to the interpretation of the term "ordinary course of business" entity. To deal with such disputes need to understand a clear definition of this concept and to consider the specifics of such claims
190 kb

TO THE ISSUE OF RECOGNITION OF THE CITIZENS HAVING LOST THE RIGHT OF USING THE HOUSING ACCOMMODATION IN ACCORDANCE WITH THE CONTRACT OF SOCIAL RENT

abstract 1071503087 issue 107 pp. 1324 – 1341 31.03.2015 ru 908
In this article the authors analyze the issues concerning loss of a right of using premises due to the constant absence of the tenant, members of his family on the occupied living space by reason of their departure to another place of living, proposals for establishing the subject of proof in cases of this category are given. Now the problem of regulation of the relations at departure of the citizens living together with the tenant, in other constant place of a residence is actual and demands revival of institute of recognition of such citizens in a judicial order lost a right of use of premises. The authors point out that neither the Housing Code of the Russian Federation nor the Civil Code of the Russian Federation does not mention the cases of loss of the right of using premises. In addition, the presumption of temporary absence of the tenant and the members of his family in the living space there is in the Housing Code of the Russian This fact has given rise to a large number of negative consequences, and was a prerequisite to the admission of errors in judgments of courts. In this regard, the authors consider that it is necessary to consolidate the institute of loss of the right of using premises occupied by the contract of social rent in the Housing Code of the Russian Federation
149 kb

TO THE ISSUE OF THE ENFORCED TERMINATION OF INTEREST IN LAND WHICH CAN’T BE POSSESSED BY THE OWNER ACCORDING TO THE LAW

abstract 0711107004 issue 71 pp. 36 – 50 30.09.2011 ru 1174
The article covers the problems of legal regulations and implementation of civil and land law standards on the enforced termination of interest in land which can’t be possessed by the owner according to the law. The issues of the enforcement in the course of such termination of entitlement are also considered by the author
120 kb

TO THE NEED OF INCREASING THE LEVEL OF PROFESSIONAL TRAINING OF EXPERTS IN THE CONTEXT OF DIFFERENTIATION AND INTEGRATION OF SCIENTIFIC KNOWLEDGES

abstract 1321708025 issue 132 pp. 316 – 323 31.10.2017 ru 335
The author in this article points out that, in the current conditions of the development of scientific and technical means, differentiation of individual expert studies into independent types or subspecies of forensic examinations is observed. Mutual penetration of special knowledge and solving related issues by attracting specialists from various fields leads to the integration of scientific knowledge. In such conditions, the guarantee of professional expert research is the specialization of the forensic expert on specific types of forensic examinations and the continuous improvement of his qualification in a particular specialty in accordance with the development of scientific and methodological achievements in this field. To achieve this goal, the EFU system of the Ministry of Internal Affairs of Russia currently provides the following: 1) training in higher educational institutions of the Ministry of the Interior of Russia on the specialty "Forensic examination"; 2) an internship, which takes place under the supervision of a mentor with subsequent certification for the right to self-produce expert examinations. However, despite this, the EFU of the Ministry of Internal Affairs system has a number of problems, caused by the following reasons: a reduction in the number of staff members of the EFU associated with the overall reorganization of MIA. 2) increase and differentiation of the workload of staff members in managerial and expert positions due to an increase in the number of databases of forensic accounts and the emergence of an additional burden. 3) weak material and technical support for territorial EFU. These problems, in the opinion of the author, are common to the whole system of the Ministry of Internal Affairs of the Russian Federation and require their solution by improving the quality of work of staff members and taking organizational and financial measures
166 kb

TO THE OBJECT AND SUBJECT OF CRIMI-NALISTICS

abstract 0961402044 issue 96 pp. 635 – 654 28.02.2014 ru 1286
In this scientific article the author analyzes the opinions of various scholars-criminalists, and the subject of criminalistics. The author of the article came to the conclusion that you need to save the theoretical definition of the object and the subject of criminalistics, proposed by R.S. Belkin. However, the author offers his opinion about necessity of carrying out of scientifically-practical conference with the international participation, devoted to the problem investigated in the article, and also offers the main directions for development of the science of criminology
141 kb

TO THE PROBLEM OF CADASTRAL WORKS IMPROVEMENT, STOCKTAKING OF REAL ESTATE AND REGISTRATION OF THE RIGHTS

abstract 1171603057 issue 117 pp. 889 – 901 31.03.2016 ru 578
The present article is devoted to the problems of improvement of authority of state property cadastre, registration of rights on real estate and bargains with it. The changes introduced by the Federal Law from 13.07.2015 # 218-FL “On state registration of real estate” are conditioned by the urge of a legislator towards the increase of quality of state services in the sphere of state cadastre stocktaking of property and state registration on it and as well as minimization of mistakes containing in data of state cadastre of real estate and united state register of rights to replenish budgets of all levels at the expense of increase of taxing base and to stimulate the economic growth of the country. To the view of authors, the normative base of land, civil and other special legislation demands the further improvement that testifies the urgency of present problem. The authors carried out the analysis of modern legislation, there were revealed the problematic moments of realization of special regulations of the Law on registration of real estate and other subordinate regulatory acts, there were introduced the offers on their elimination, and as well as there were cited the prospects of legislation development in the sphere of land-property relations
198 kb

TO THE PROBLEM OF GUILT DEFINITIONS IN CIVIL LAW

abstract 0410807009 issue 41 pp. 93 – 116 15.09.2008 ru 3169
The aim of the article is to systematize by means of analyze overviews concerning the definitions of the guilt which exist in the jurisprudence, to examine the questions of guilt forms influence on differentiation of legal liability measures, liability without guilt and to suggest the course of perfection of acting civil legislation and the practice of its application on the base of the examined material.
.