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
145 kb

ABOUT THE SUBJECT OF INTERROGATION OF THE EXPERT IN THE COURT

abstract 1341710103 issue 134 pp. 1280 – 1292 29.12.2017 ru 467
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
148 kb

ABOUT THE CATEGORY OF “LEGITIMATE INTEREST” IN CRIMINAL PROCEEDINGS

abstract 1171603074 issue 117 pp. 1139 – 1151 31.03.2016 ru 702
The article investigates the concept and the content of a legitimate interest in criminal proceedings. The author concludes about the necessity of inclusion the additional structural element, legitimate interests of parties of criminal proceedings in the criminalprocedural relationships. The author’s definition of the legitimate interests of some parties of the criminal process is tabled for discussion. Different points of view of legal scholars on the subject are analyzed in this article. The article discusses special features of occurrence of legitimate interests in terms of pretrial agreement undertaking on cooperation with suspected or accused party
366 kb

ABOUT REGULARITIES OF COOPERATION BETWEEN PRIVATE LEGAL AND PUBLIC LEGAL ORIGINS OF DISPOSITIVITY IN COURT JURISDICTIONAL PROCESS

abstract 1121508056 issue 112 pp. 749 – 760 30.10.2015 ru 1104
Level analysis of law enforcement cooperation between private legal and public legal origins was conducted in the aspect of dual nature of dispositivity in court jurisdictional process. On the basis of legislation’s investigation it is found that the apprehension of dispositivity on doctrinal level as the principle of judicial process, restricted by private legal aspect, doesn’t correspond to its legal dual-nature. It is showed that cohesive perception of dispositivity in court jurisdictional process is possible under the condition of its binary perception based on investigation of its private legal and public legal origins, providing their harmonic unanimity in the framework of dualistic approach. It the article it has been stated that even under the conditions of court process’ parties’ interests’ contradiction their warrants may be realized only under their cooperation with each other, which needs court’s contribution in the providing of their rights’ realization on equal terms. It is educed by researches that the cooperation of private legal and public legal origins of dispositivity is conducted on two (horizontal and vertical) levels of their law enforcement connections. Herewith the coordination of court process’ parties between each other occurs on horizontal level of cooperation, while the subordination of parties’ collaboration with the court occurs on the vertical level. The analysis of procedural legislation has educed general regularities of private legal and public legal origins of dispositivity in court jurisdictional process for different types of judicial proceedings. These regularities are: the realization of private legal origin, represented by the parties, with the relevancy stipulates the demand for public legal origin of dispositivity, represented by the court; the realization of public legal origin of dispositivity, represented by the court, with the relevancy stipulates the demand for private legal origin of dispositivity, represented by the parties of judicial process
144 kb

ABOUT PUBLIC SERVICE SYSTEM OF THE RUSSIAN FEDERATION

abstract 1281704044 issue 128 pp. 601 – 613 28.04.2017 ru 866
The article describes the main directions of the civil service reform in the Russian Federation. An analysis is made of the causes and consequences of changes introduced to the legislation at the present stage of development of Russian society
152 kb

ABOUT IDENTITY OF THE RUSSIAN MODEL OF CIVIL SOCIETY: NONTRADITIONAL VIEW ON TRADITIONAL VALUES

abstract 1181604064 issue 118 pp. 1050 – 1060 29.04.2016 ru 675
This article focuses on actualization of mainstreaming of research the problems of development of native civil society within the conservative direction, based on historical civilizational identity of Russia. Comparing main postulates of russian and west civilizations their historically formed priorities in spiritual, political and economic spheres are showed. Based on them and on critical assessment of attempts to adapt the western model to Russian reality, authors consider that the nature of the problem of similarity between Russian reality and model civil society is in only west orientation of civil society theory, which does not suit to stable features of Russia as specific civilization. Trying to find an optimal model of civil society, authors refer to an idea of core values of native civilization. A number of historical issues, which influence on positive development of civil society in Russia, is showed. In order to solve them it is suggested to take measures, the realization of which depends on implementation some functions by civil society together with the state. It is concluded, that Russian society during its history can be reviewed as a civil society within its traditional value
121 kb

ABOUT FORMS OF REALIZATION OF THE FUNCTIONS OF THE STATE

abstract 1131509005 issue 113 pp. 70 – 79 30.11.2015 ru 1087
The article is devoted to consideration of questions of functions of the state and forms of their realization, which are of very great importance in the theory of the state and practice of its functioning. It can be explained with the next moments, first, to that in functions are shown essence of the state, its social appointment. The state representing the phenomenon of social life, it is characterized by extraordinary variety of directly observable and perceived manifestations. It is defined as a variety of the tasks solved by the state in various areas of life of society, and a variety of bodies, forms, methods and means of implementation of the state activity. In this regard studying of functions serves as the prerequisite of knowledge of the main thing and defining in the state. Secondly, functions of the state define its structure, i.e. ways, regularities of the organization of elements of the state as difficult system. Research of functions of the state and forms of their realization helps to estimate its opportunities, promotes deeper understanding of the mechanism of its interaction with other structures of society in the solution of the most important political, economic, social, ecological, cultural and other tasks. The correct establishment of functions of the state and definition of forms of realization of these functions promotes stabilization of the public relations and development of society in various spheres
110 kb

ABOUT FORMATION OF THE SUBJECT OF INVESTIGATION OF CRIMES AGAINST FAMILY AND MINORS

abstract 1251701052 issue 125 pp. 782 – 789 31.01.2017 ru 798
The article describes the main theoretical principles of the concept and content of the investigation of crimes against family and minors. The factors defining character of an investigative situation of an initial stage of investigation are stated, there is a definition of a subject of investigation and its content in investigation of the studied crimes
145 kb

ABOUT CRIMINALISTIC CLASSIFICATION OF THE CRIMES AGAINST FAMILY AND MINORS

abstract 1311707069 issue 131 pp. 820 – 831 29.09.2017 ru 759
The article describes the main problems of criminalistic classification of crimes against family and minors. There were investigated the characteristics of criminal law and criminal nature, which is the basis for the classification
153 kb

ABOUT CRIMINAL LIABILITY FOR THE CRIMES CONNECTED WITH EXTREMIST ACTIVITY

abstract 1321708010 issue 132 pp. 104 – 116 31.10.2017 ru 498
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
135 kb

ABOUT CRIMINAL LIABILITY FOR PHYSICAL ASSAULT

abstract 1281704082 issue 128 pp. 1186 – 1196 28.04.2017 ru 648
The article deals with a new type of crime – physical assault committed by a person brought to the administrative punishment. The research is referring to meaning, base and measure of criminal liability. The authors are analyzing the positions of scientists and practitioners about making this amendment in Russian Criminal Code
.