Scientific Journal of KubSAU

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

ELECTRONIC DOCUMENT AS THE SOURCE OF PROOFS

abstract 0621008043 issue 62 pp. 495 – 505 28.10.2010 ru 2201
The author of this scientific article considers the computer-based document as a container of criminalistically significant information, which can be both orienting and evidentiary. The author also considers the opportunity of presenting computer-based documents to the court without application of paper information-carrying medium, i.e., there exists a possibility of procedural actions commitment directly with the mentioned computer-based document but not with its carrier. As an example, the author quoted an instance that executive officers listed in Article 181 of the Russian Federation Arbitration Procedure Code are entitled to demand and obtain the case from a relevant court of arbitration with the purpose of solving the problem concerning availability of grounds for lodging a protest in the exercise of supervisory powers
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 2247
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
110 kb

PROBLEM OF CORRELATION OF LAW AND MORALITY ON THE EXAMPLE OF NATURAL LAW THEORY OF V.S. SOLOVYOV

abstract 0601006019 issue 60 pp. 231 – 239 29.06.2010 ru 2323
This article refers to correlation of law and morality, to the role of conscience of law in the process of building a Rechtsstaat, analyses Vladimir Solovyov’s Natural Law theory and in particular his ideas of relations of law and morality, substantiates its value for modern legal theory and practice
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 2331
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
146 kb

POSSIBILITIES OF LEGAL TECHNICS IN TERMS OF IMPROVING THE EXISTING LEGISLATION AND THE FIGHT AGAINST CORRUPTION

abstract 0611007024 issue 61 pp. 298 – 313 24.09.2010 ru 2338
In this article the method of anti-corruption expertise is considered from the point of view of the standard rules of legal technics. For the first time at the federal level corruption factors established the necessary rules of legal technics, which was illustrated by the examples. The recommendations on the establishment of open-ended list of factors of corruption and the rapid adoption of the federal law on laws and regulations were given
125 kb

RECONCILIATION WITH THE VICTIM AS A BASIS FOR EXEMPTION FROM CRIMINAL RESPONSIBILITY

abstract 0681104007 issue 68 pp. 59 – 68 28.04.2011 ru 2436
The article is devoted to the main basis of exemption from criminal responsibility in connection of reconciliation with the victim. The essence of conciliation is analyzed, its features are determined, the definition is given. The necessity of its consolidation in criminal law is established
138 kb

GENESIS AND DEVELOPMENT OF THE CRIME SCENE EXAMINATION METHOD: THE MAJOR STAGES IN CRIMINAL PROCEDURE AND CRIMINALISTICS

abstract 0621008042 issue 62 pp. 483 – 494 28.10.2010 ru 2463
Modern legal experts often underestimate the importance of the crime scene examination. However, even when a crime scene is examined by a coroner the goal of the investigative procedure is not always achieved as in Russian investigative practice the detailed examination is often mistaken for the expertise. In order to study the problems of the investigative examination the author has carried out a thorough analysis of the major stages of the crime scene examination method development in Criminal Procedure and Criminalistics
122 kb

REPRESENTATION OF PROOFS BY PARTICIPANTS OF CRIMINAL TRIAL AT THE PROCEEDING STAGE

abstract 0490905008 issue 49 pp. 113 – 123 29.05.2009 ru 2714
The competitiveness principle is answered to the full with a situation when proofs the charge party at first represents, then - the protection party, and each of them proves legitimacy of the conclusion and criticises arguments of the opponent. The court definitively should solve, what proofs to reject and what to accept and to pronounce on their basis the sentence. Meanwhile in a criminal trial science separate authors believe, that research of proofs in competitive order practically appears impracticable. The article of the author is devoted to these and other problems
302 kb

SITUATIONAL APPROACH AS A MAJOR FACTOR OF THE ORGANIZATIONAL ASPECTS OF INVESTIGATION PLANNING BY AN INVESTIGATIVE TEAM IN CASES OF MULTI EPISODE COMPLEX COLLECTIVE CRIMES

abstract 1261702032 issue 126 pp. 434 – 470 28.02.2017 ru 2745
After analyzing scientific papers on the topic of many scholars, the author focuses on the situational approach as a major factor of the organizational aspects of the investigation planning by an investigative team in cases of multi episode complex collective crimes. It has been suggested that the planning and organization of the investigation is preceded by the predictive assessment of the investigation situation, determination of the pattern of a detective’s actions and programming and simulation of the investigation process. All processes require the implementation of organizational and administrative activity of the head of the investigative team. However, the initial investigation planning for one or more crimes is reduced only to a description of the investigative situations, to the presentation of a list of investigative actions and operational searching activities without the agreed plan and appointment of the participants in such activities. Consequently, the situational approach in planning can minimize errors during investigative activities and optimize the work of the investigative team dealing with the multi episode crime particularly complex in terms of investigative and procedural actions and operational and searching activities
147 kb

THE COMPARATIVE ASPECT OF THE MEANINIG OF LOSSES IN ANGLO-SAXON AND RUSSIAN CONVENTIONAL LAW

abstract 0480904002 issue 48 pp. 9 – 23 30.04.2009 ru 2926
As a starting point of the research the author proceeds that Great Britain and USA appear as ones of large trade partners. As a sequence there are formed such situations in action, when it’s difficult to solve questions which are bounded with calculation of measure of damages taking into consideration peculiarities of Anglo-Saxon and continental legal families
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