Scientific Journal of KubSAU

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

COUNTERACTION TO INVESTIGATION IN COURT AND MEASURES FOR ITS SUR-MOUNTING IN DIFFERENT COURT CIR-CUMSTANCES

abstract 0661102043 issue 66 pp. 501 – 518 28.02.2011 ru 1622
There are quite few scientific researches covering the problems of organizing and tactics of investigation in court procedure, which meet the requirements of the Procedural Criminal Law of the Russian Federation in the legal literature. The studies of the ways of sur-mounting counteraction in court hardly exist. There-fore, the authors consider the matters of counteraction in the course of investigation in court paying attention to the existing theory and practice of counteraction in the criminal court procedure. They have developed some scientific recommendations upon the measures for surmounting counteraction to investigation in court in various circumstances
164 kb

JUDICIAL PROTECTION'S QUESTIONS OF SERVITUDE RIGHTS

abstract 0621008016 issue 62 pp. 182 – 200 28.10.2010 ru 1760
The question discussing in the article is the pre-trial adjustment of disputes arising out of servitude relations and how to protect servitude rights in the court
104 kb

MAIN TANDENCY OF THE MODERN SYSTEM OF THE RUSSIAN CIVIL LAW AUTHORITIES DEVELOPMENT

abstract 0621008029 issue 62 pp. 339 – 347 28.10.2010 ru 1642
This article discusses the basic tendencies of development of the civil law authorities under the influence of globalization and integration processes
123 kb

APPLICATION OF PROOFS IN REMEDIAL DECISIONS AT THE STAGE OF INITIATION OF CRIMINAL CASE

abstract 0621008034 issue 62 pp. 395 – 404 28.10.2010 ru 1877
A conclusion may be drawn, based on the analysis of allowability of criminal-procedural evidences which include legitimacy of the source of information relating to the facts and ways of obtaining and fixation of information mentioned in the order stipulated by the code of criminal procedure
133 kb

CRIMINALISTIC CLASSIFICATION OF MUR-DERS, COMMITTED AS HIRED KILLING

abstract 0621008035 issue 62 pp. 405 – 415 28.10.2010 ru 1848
In the scientific article, the author came to a certain conclusion by considering various opinions of scientists relating to the present range of problems, and he has quoted a classification of murders, committed as hired killing: contract murders based on commercial conflicts in the sphere of business; hired murders committed on the base of criminal conflicts; hired murders committed in the sphere of industrial and employment activity
147 kb

CHARACTERISTIC FEATURES OF THE MEMBERS OF ORGANIZED CRIMINAL GROUPS SPECIALIZING IN EXTORTION

abstract 0621008036 issue 62 pp. 416 – 429 28.10.2010 ru 1836
The author of the article describes the characteristic features of the members of organized criminal groups, realizing providing functions, which are in many respects defined by character of their actions and an orientation of activity of formations. For example, those who are in charge of extortion implementation are characterized as highly qualified professionals in economics, banking and any other similar area. Their talents, knowledge, skills and ability to conceal the criminal activities should be considered by the law enforcement agencies when predicting crime as well as when developing investigation plan
130 kb

GENESIS AND EVOLUTION OF PRELIMINARY INVESTIGATION EXECUTION BY IN-VESTIGATORY GROUP

abstract 0621008037 issue 62 pp. 430 – 440 28.10.2010 ru 1711
In the scientific and educational literature, execution of preliminary investigation by investigatory group and investigatory-operative group is shown in detail enough. Absence of the instructions about interaction between investigatory and operatively-search divisions at a group method of investigation in the criminally remedial law, has caused necessity of search of concrete and optimum forms of interaction in practice. The author defines some such forms which are described in the scientific article taking into account occurrence, formation and perfection of activity of investigatory and investigatory-operative group
107 kb

FACTORS LIMITING REMEDIAL INDEPENDENCE OF INVESTIGATOR

abstract 0621008038 issue 62 pp. 441 – 447 28.10.2010 ru 1604
In this scientific article, the author considers the main problems, concluding in following: in the course of realization of the checking and control not to leave for determined limit, ungrounded not to limit remedial independence of investigator. After all public prosecutor, chief of the subdivision inquiry, court, realizing remedial checking and control, simultaneously must work out beside investigator independence, professionalism, skills to take the faithful decisions on base of the analysis to investigation situation
145 kb

FEATURES OF INITIATION OF A CRIMINAL CASE AND CIRCUMSTANCES ENABLING IDENTIFICATION OF THE CASES SUBJECT TO ASSESSMENT AND EVIDENCING AT THE PHASE OF PRELIMINARY INVESTIGATION

abstract 0621008039 issue 62 pp. 448 – 461 28.10.2010 ru 1909
A combination of two attributes envisaged in Article 105 of the Russian Federation Criminal Code - organized criminal group and criminal community (criminal organization), add a considerable peculiarity to the process of formation of original data, and criminalistically credible information relating to the category of crimes being considered in the process of evidences formation. The author includes both material and ideal elements in the original information depicting criminalistically credible attributes of constituent elements of the crime and also the circumstances indirectly associated with it, thus, facilitating generation of evidences at the phase of initiation of a criminal case, and enabling identification of circumstances subject to assessment and evidencing at the phase of preliminary investigation
127 kb

CREDIBILITY OF TESTIMONY ESTIMATE

abstract 0621008040 issue 62 pp. 462 – 473 28.10.2010 ru 1759
The estimation and check of reliability of indications of the victim is possible only under condition of a recognition of the last admissible and attribute proofs. Therefore inadmissible or not attribute indications of the victim are simultaneously doubtful proofs. Value of indications of the victim is caused by what the data directly concerning materials of criminal case contain. The given circumstance should force authorities of criminal legal proceedings to concern check and an estimation of the received information more attentively and critical, therefore the circumstances excluding responsibility accused, or, on the contrary, guilt in fulfillment of a crime can be established
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