Scientific Journal of KubSAU

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

«SYMPHONY» OF THE AUTHORITIES IN BYZANTIUM, AND IN RUSSIA AS THE SUCCESSOR OF THE BYZANTINE EMPIRE

abstract 1181604099 issue 118 pp. 1513 – 1529 29.04.2016 ru 530
The article discusses the "Symphony of authorities" in Byzantium and Russia. It reveals the nature, origins and objectives of the State and the Church. Since ancient times, the Church played an important role in the life of society and state. In Byzantium, the authority of the Emperor played a major role in strengthening the Orthodox Church. The Church, particularly, has developed and highlighted the official doctrine of the divine origin of the Imperial power. In the Byzantine Empire a perfect model of Church-state relations – "Symphony of authorities" was formed. The article takes into account the Byzantine edicts, which regulated the relationship between the Church and the state. We considered the legislative acts of Ancient Russia, confirming the existence of that "Symphony" in the Kiev period. The basis of the ancient law was based on the Byzantine collection of ecclesiastical rules and Imperial edicts, called Nomocanon. The article focuses on the models of the interaction of the Church and the state. Special attention was paid to the concept of "Moscow is the third Rome", due to the continuity of the Byzantine Empire Russia as an Orthodox center. We discuss the result of Ferrara-Florence Union as the main reason for the awareness and acceptance of the concept of Philotheus by Russian people. Taking into consideration the concept of "Moscow is the Third Rome", we consider models of the interaction between the state and the Church in the era before Peter I the Great
139 kb

CRIMINAL LIABILITY FOR FRAUD IN LENDING

abstract 1231609118 issue 123 pp. 1728 – 1739 30.11.2016 ru 526
The article deals with the causes of the motivation growth among the population to commit fraud in lending. The article covers the problem of differentiation of a special type of fraud in the area of lending to the general composition of fraud under Art. 159 of the Criminal Code of the Russian Federation. Particular attention is paid to the analysis of the sanctions of Art. 159.1 of the Criminal Code. The author considers the problem of differentiation of criminal punishment for fraud in lending, which is stipulated by a special regulation in relation to Art. 159 of the Criminal Code. There is a proposed calculation of the fine, which should be based on the amount of the damage, and must be proportionate to it. The problem of distinguishing Art. 159.1 of the Criminal Code from the related elements of a crime under Art. 176 of the Criminal Code has been considered
186 kb

LEGAL ASPECTS OF PSYCHOPHYSIOLOGICAL STUDIES USING POLYGRAPH IN ANTICORRUPTION POLICY OF THE RUSSIAN FEDERATION

abstract 1241610070 issue 124 pp. 1085 – 1104 30.12.2016 ru 525
The article defines the acts of corruption as a factor affecting the external security of the country, given the scope of public relations, which are affected by corruption. We have displayed historical overview of corruption. On the example of the recent political events in the world, the article shows a destructive impact of corruption on the constitutional arrangement of a number of near countries and far abroad. The work defines the effective role of the psycho-physiological study of polygraph in detecting accuracy of information in the fight against corruption in the Russian Federation. The use of polygraph to improve anti-corruption policy of the state opens up new possibilities in the fight with the worldwide scourge of corruption. The work gives basic preventive function to psychophysiological research on polygraph in the organizations fighting against corruption in Russia. The article analyzes the draft law "On the application of the polygraph in the Russian Federation", which is currently being introduced in the State Duma. Based on the study of the projected rate, we have made conclusions about the need for research on a polygraph in detecting corruption risks in the case of appointments of civil servants from the activity of which depends on security and international prestige of the Russian Federation
110 kb

ORGANIZATION OF THE INITIAL STAGE OF THE INVESTIGATION OF CRIMES AGAINST THE FAMILY AND MINORS

abstract 1191605055 issue 119 pp. 770 – 777 31.05.2016 ru 522
The article describes main questions of the organization - the analytical process at the initial stage of the investigation of crimes against the family and minors, particularly targeting investigated, initial investigation, shows the features of the initial stage of investigation of trafficking in minors, child substitution and illegal adoption
208 kb

ACTIVITY OF THE HEAD OF INVESTIGATION OFFICE IN REGARD WITH THE FUNCTIONING OF AN INVESTIGATION OPERATIONAL CROUP

abstract 1321708115 issue 132 pp. 1401 – 1418 31.10.2017 ru 520
An analysis of the provisions of the Criminal Procedure Code and other regulatory legal acts relating to the investigation and operational investigation team activity shows that the head of the investigative and operational group exercises, among others, the organizational and managerial function. Consequently, these powers are not limited to procedural functions alone. In the proposed article, the author examines what these functions are and how they influence the procedure for investigating crimes
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 510
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
153 kb

ABOUT CRIMINAL LIABILITY FOR THE CRIMES CONNECTED WITH EXTREMIST ACTIVITY

abstract 1321708010 issue 132 pp. 104 – 116 31.10.2017 ru 506
The article deals with criminal liability for crimes related to extremist activity. Different points of view regarding the classification of extremist crimes are analyzed. Particular attention was paid to the consideration of the judicial-investigative practice concerning the application of criminal responsibility for the commission of this type of crime. The authors formulated proposals for improving the current criminal legislation in the field of combating extremism
145 kb

ABOUT THE SUBJECT OF INTERROGATION OF THE EXPERT IN THE COURT

abstract 1341710103 issue 134 pp. 1280 – 1292 29.12.2017 ru 470
In the article the problematic issues of evaluation of expert evidence during his interrogation in the court have been considered, the scientific literature has been analysed, the viewpoints of leading forensic scientists and processualists on this issue have been considered. The issues of evaluation of the expert evidence remain relevant and currently under the conditions of realisation of the adversarial principle of the parties in the criminal proceeding. In the study, the need to specify the subject of interrogation of the expert has been emphasized, as well as the recommendations on its carrying out in the court session. The suggestions with regard to optimization of interrogation process of the expert in court have been expressed, namely the expert's petition in the court for the advance granting of the list of questions in the written form and rejection of questions which do not require the use of special knowledge and equate the procedural status of the expert to the status of the witness
201 kb

YOUTH DEVIANCE AS A RESULT OF THE REPRODUCTION OF POLITICAL AND LEGAL NIHILISM IN TERMS OF THE ELECTORAL PROCESS IN RUSSIA

abstract 1341710101 issue 134 pp. 1252 – 1272 29.12.2017 ru 467
In modern Russia, there were not created key institutions of political and social development needed to involve young citizens in political and legal life, and very serious criticism is "the effectiveness of judicial reform" and the results of combating systemic corruption, without which it is difficult to count on the impact of the decrease in the level of political and legal nihilism among young people. The review of related problems and approaches to their solution are addressed in this article
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 461
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
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