Scientific Journal of KubSAU

Polythematic online scientific journal
of Kuban State Agrarian University
ISSN 1990-4665
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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 519
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
139 kb

CRIMINAL LIABILITY FOR FRAUD IN LENDING

abstract 1231609118 issue 123 pp. 1728 – 1739 30.11.2016 ru 520
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
118 kb

SOME QUESTIONS OF THE DEVELOPMENT OF AN ELECTRONIC CERTIFICATE OF A CRIMINALIST SPECIALIST'S RESEARCH

abstract 1221608084 issue 122 pp. 1274 – 1283 31.10.2016 ru 531
In this scientific article, the author deals with the application of specialized knowledge are competent persons (experts, specialists, forensic specialists) in modern law enforcement in various forms: procedural and non-procedural. The development of various information technology, hardware and collecting evidentiary information devices, as well as their application in day-to-day activities of bodies of inquiry (investigation) and operational units are by far enough effective activity. In this connection, there was a need for amending and supplementing the existing legislation the Russian Interior Ministry, some ordering process handling documents in the preliminary investigation as a whole. The author indicates the responsibilities of forensic units of internal affairs bodies as in the conduct of investigative actions and operational-search activity. At the end of the article, the author proposes an electronic form of the certificate of the expert forensic investigation in which are reflected issues of application of technical means in the course of the investigation, the rights and duties, as well as the responsibility of the forensic specialists, which provides a modern criminal procedure and criminal legislation of the Russian Federation, however, it has not so far reflected in existing regulations Ministry of Internal Affairs of Russia
142 kb

LEGAL REGULATION AND PRACTICE OF ELECTRONIC VOTING IN FOREIGN COUNTRIES

abstract 1171603017 issue 117 pp. 305 – 317 31.03.2016 ru 534
The article is devoted to the problems of legal regulation of electronic voting an e-democracy in foreign countries. The possibility of informationalcommunication technologies introduction into the voting process is studied. In the absence of a unified approach to the understanding of the legal nature of edemocratic processes, the authors give the special attention to the analysis of state policy in the sphere of the e-democracy improvement. There were considered the systems of electronic voting system which were used in elections in Estonia, Germany, Austria, UK, Switzerland and Finland. There were analyzed the practice of Internet-voting as a prototype of electronic democracy and problems of identification of voters, calculation of votes, ensuring of secrecy of the ballot. There were marked means the use of electronic voting as positive sides and considerable risks connected with the possibility of interference into the system of electors’ votes and complexity of securing of control of procedure of electronic voting. Authors make conclusions on possibility of the use of positive foreign experience of distant voting during the elections in Russia and on the necessity of working out of legal claims to informational space and given information to increase its quality and credibility
130 kb

COMPLEX USE OF THE RECORDS FOR IDENTIFICATION OF A PERSON

abstract 1331709046 issue 133 pp. 601 – 611 30.11.2017 ru 537
In the article, the authors point out that the investigator plays a key role in the criminal investigation process, he independently directs the criminal investigation, takes decisions on the case, collects, verifies and evaluates the evidence. While performing his functions he is actively assisted by the staff of expert criminalistic units. However, in practice, not all investigators take full advantage of the opportunities provided by these units. It is quite true concerning the forensic records, the possibilities of which are extremely poorly used in the investigation of crimes. At the same time, the authors emphasize that modern forensic records also face a lot of problems, the solution of which he sees in their complex use in the identification process of a person. This problem can be solved if the following conditions are met: integration, unification, automation of forensic records (database of surname cards with appearance descriptions) and improvement of the legal regulation of the activities of the entities that keep and use these records
126 kb

ON QUESTION OF ESTABLISHING THE TAX OF INTERNET-SHOPPING IN RUSSIA

abstract 1181604020 issue 118 pp. 376 – 385 29.04.2016 ru 541
Currently, there is a topical question of legal consolidation in the tax and the customs legislations of the fee for goods purchased from a foreign company through a transaction concluded by the information and telecommunications network "Internet". According to the legislator, such innovations will limit the spillover of online orders to the neighboring states with a high threshold for duty-free shipping, which will strengthen the domestic e-commerce market. The authors believe that the consolidation of the institution in the national legislation would contradict the general provisions of tax legislation. The authors believe that such measures will increase the number of sham and mock transactions and reduce import turnover. The proposed projects of the European Economic Commission of the European Economic Union on the Internet fees in their structure are poorly written, in particular, they lack the concept of internet purchase, there is no resolution of the issue of the relationship between the collection and the value added tax.The authors come to the conclusion that these projects should to be completed, in particular, it is proposed to supplement the provisions of domestic legislation, delimiting the object of taxation the value added tax on the object of taxation for cross-border fee to be paid for an online purchase. Their immediate implementation without significant changes will not create a proper mechanism for the implementation of this institution, and generate a lot of conflict situations
145 kb

PROBLEMS OF PRAVOSUB'EKTNOSTI OF AGRICULTURAL COOPERATIVES

abstract 1201606079 issue 120 pp. 1199 – 1210 30.06.2016 ru 543
In this article the legal capacity and capacity of agricultural cooperatives fixed by the existing civil legislation of the Russian Federation, and also the international acts is considered. The concept and the maintenance of right subjectivity of legal entities in relation to such special look as agricultural production and agricultural consumer cooperatives is analyzed. The main essential differences in legal status and the maintenance of legal capacity of agricultural production and agricultural consumer cooperatives on the basis of the analysis of the agricultural cooperative legislation, law-enforcement practice and the existing points of view of various authors (scientists-lawyers) are determined by this perspective in scientific literature. Proceeding from the detailed historical analysis cooperative legislative (both Russian, and international), and also the operating standard establishments, scientific views logical conclusions are drawn on lack of essential differences in legal status of agricultural production and agricultural consumer cooperatives. Besides, the reasoned conclusions are drawn on special legal status of agricultural cooperatives in system of legal entities and on shortcomings of the existing Russian civil legislation defining the bases for classification of legal entities and establishing their legal status. For the purpose of improvement and solution of problems of right subjectivity of agricultural cooperatives a number of measures of legislative character which are able to afford not only to allocate, isolate especially agricultural cooperatives from other organizational and legal forms of legal entities is offered, but also to make them the independent subjects of business activity possessing specific inherent only it right subjectivity that will allow to give them the special status and to increase their appeal and efficiency for the purpose of revival of agricultural branch of economy of Russia
125 kb

COMPOSITION OF THE MURDER OF A NEWBORN CHILD BY THE MOTHER IN CRIMINAL LEGISLATION OF THE NEAR ABROAD COUNTRIES

abstract 1341710099 issue 134 pp. 1231 – 1239 29.12.2017 ru 552
In the article there is a comparative analysis of the criminal legislation of the countries of the near abroad, regulating responsibility for the murder of a newborn child by the mother
158 kb

THE PROCEDURE FOR THE PROVISION OF HOUSING FOR REFUGEES AND DISPLACED PERSONS

abstract 1181604022 issue 118 pp. 397 – 411 29.04.2016 ru 559
The article touches the problem of studying the procedure of granting housing to refugees and IDPs (internally displaced persons) as well as their family members. The procedure of granting housing to refugees and IDPs is a very important process, being one of the general stages of the modern border policy of Russian Federation. The Standards of Housing Code and Code of Federal Regulations, which secure legal status of these categories of citizens, are analyzed In this article. The authors analyze criteria of giving the refugee or IDP status to a citizen, the procedure and conditions of providing housing to these categories of citizens. Based on the studies, the revision of the Standards of Housing Code, particularly, the expansion and supplement to the notion «accommodation» is offered, also it is offered to combine the general regulations on the procedure of providing accommodations to the refugees and IPDs. It is also substantiated in the article that there is need to amend the notion of specialized housing fond. The authors consider reasonable to clarify what are the other accommodations of different status that can be provided to refugees, IDPs, and their family members. The proposed changes in housing legislation will let us simplify and adjust the mechanism for implementing the housing regulations in legal relationships in providing housing for refugees, internally displaced persons and their families
292 kb

MODERN CONCEPT, CONTENT, CLASSIFICATION AND CRIMINALISTIC SUPPORTING OF AN INVESTIGATION AND OPERATIONAL GROUP

abstract 1211607123 issue 121 pp. 1942 – 1974 30.09.2016 ru 561
The article deals with the problems related to the modern concept, content, classification and criminalistic supporting of an investigation and operational group. The author has analyzed scientific and technical literature, materials of judicial and investigative practice, criminal procedural law, different views of scientists, as well as his own judgments on the modern concept, content, classification and criminalistic supporting of an investigation and operational group. Thus, criminalistic supporting of detecting, exposure and investigation of crimes by an investigation and operational group is a system of integrated application of legal and criminalistic knowledge aimed to provide the usage of the most meaningful and practical approaches and techniques, means of specific knowledge, organizational and administrative as well as strategic and procedural recommendations. This system ensures the best arrangements for the establishment of truth with regard to a criminal case by carrying out a set of investigation activities, operational and search activities and organizational measures within the norms determined by the Criminal Code of the Russian Federation and the regulations of law-enforcement authorities
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