Scientific Journal of KubSAU

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

OVERCOMING OF CONCEALMENT AND EX-TERMINATION OF EVIDENCE

abstract 0621008041 issue 62 pp. 474 – 482 28.10.2010 ru 1501
Concealment is a common form of resistance to the investigative process. The author of the article suggests that each investigator should leave some comments added to the case papers in a form of a reference on the peculiar details concerning the concealment and the reticence of the evidence on the case in order to prevent the colleagues from possible mistakes in the further investigation
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 2084
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
124 kb

ELECTRONIC DOCUMENT AS THE SOURCE OF PROOFS

abstract 0621008043 issue 62 pp. 495 – 505 28.10.2010 ru 1881
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
109 kb

PARTICULARITY OF THE ESTIMATION OF EXPERT'S STATEMENT

abstract 0621008044 issue 62 pp. 506 – 513 28.10.2010 ru 1697
In accordance with the Article 17 of the Criminal Code of the Russian Federation, expert evidence is not of the predetermined force for a detective, an investigator, a prosecutor, a judge and a jury. However, historically it is actually estimated as specific evidence different from the other. As early as before the revolution in Russia a court expert was considered to be a scientific judge. An expert is a judge of the facts whose evidence on the case is not actually estimated along with the other types of evidence
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 2040
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
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 2073
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
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 2464
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
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 2573
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
151 kb

SUBSTANTIATION OF THE QUANTITATIVE MEASURE OF KNOWLEDGE, COGNITIVE IN-TEGRATED CRITERION AND THE SECOND SEMANTIC INFORMATION MODEL OF THE SYSTEMIC COGNITIVE ANALYSIS ON THE BASIS OF PROBABILITY THEORY

abstract 0430809009 issue 43 pp. 154 – 166 27.11.2008 ru 2964
The analysis of civil-law norms provided in the fourth part of civil procedure law of Russia allows to express opinion that apprehended and embodied by civil procedure law in sphere of regulation of the right to results of intellectual activity and individualization instruments in the criminal law is not reflected in full, in particular, in article 146 of the criminal code of Russian Federation.
198 kb

TO THE PROBLEM OF GUILT DEFINITIONS IN CIVIL LAW

abstract 0410807009 issue 41 pp. 93 – 116 15.09.2008 ru 2722
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.
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