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
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 272
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
196 kb

CORRUPTION AS A STATE SECURITY THREAT

abstract 1241610071 issue 124 pp. 1105 – 1122 30.12.2016 ru 357
The article deals with the historical causes and conditions of corruption in Russia and some foreign countries. The concept of corruption in terms of the current legislation is briefly studied with the aim of proposing legislative initiatives in future to expand the definition of concepts: corrupt behavior; corruption; corruption offense and a crime. The work outlines the key features of act of corruption, its devastating impact on the sovereignty and security of the state. Particular attention is paid to the spiritual and moral component of occurrence of corrupt behavior in society, as well as its impact on social, political and economic development of the state. The study determines the destructive force of corruption as a factor of destabilization of the economic and political life of the society and the country, as well as the impact of this effect on the international credibility and external security of the state. In the article on the example of the political events taking place in the countries of near and far abroad, it is stated that corruption is the main cause of internal and external wars. The article identifies proposals for the improvement of the current anticorruption laws of the Russian Federation, taking into account the basic principles of the rule of law, in order to prevent internal and external destabilization in the country, as well as to strengthen security and the international prestige of the state
144 kb

DEVELOPING OF INVESTIGATION PROCEDURES AT THE INITIAL STAGE OF THE INVESTIGATION OF EXTORTION

abstract 1231609065 issue 123 pp. 930 – 942 30.11.2016 ru 588
The article deals with the complex and important problem related to the investigation of extortion. From a legal point of view, extortion is the demand of a transfer of someone’s property, rights to the property or some other actions connected with the property, which is accompanied by various threats of violence, destruction of property or spreading of information defaming the victim or his relatives. Extortion refers to latent crimes. Investigation of extortion is complicated because of the high level of professionalism and thorough preparation of the accused. The number of criminal groups using extortion as the main source of their income is increasing. To select the best way of obtaining information concerning past events, an investigator develops crime investigation procedure. The article analyzes the concepts of "investigation procedure" and "programming", the stages of the criminalistic routine development are pointed out. Dealing with extortion classification of preliminary investigation procedures is an important condition for their development, which allows to distinguish homogeneous groups and to develop criminalistic routine. Based on the typical investigative situations at the initial stage of investigation of extortion we have proposed some investigation procedures. The set of all procedural actions and recommendations that need to be implemented in the course of the investigation, forms investigation program
149 kb

OVERVIEW OF THE HISTORICAL DEVELOPMENT AND CURRENT STATUS OF INSTITUTE OF NECESSARY DEFENSE AND ITS PRACTICE APPLICATION

abstract 1231609069 issue 123 pp. 999 – 1010 30.11.2016 ru 732
Relevance of the chosen topic is caused by existence of disputable issues in the practice of application of norms regulating institute of necessary defense in the Russian criminal legislation. In the present article the analysis of the current state of this institute of criminal law and a brief overview of the judicial practice of its application is made. Process of formation and development of institute of necessary defense in ancient foreign and Russian sources of law and sacred books is considered. The questions of limits of legitimacy of necessary defense and consequences of their excess are raised. The authors of the article have paid special attention to the analysis of conditions of legitimacy of necessary defense. Such conditions are traditionally divided into three groups: the conditions relating to protection; the conditions relating to encroachment; the conditions relating to the harm. The different points of view concerning improvement of system of conditions of legitimacy of necessary defense are considered. The authors give examples from modern court practice which allowed revealing obvious gaps of the criminal law in this sphere. They also formulated the proposals for improving the legislation. The authors consider important extension of the list of factors, which, together with the unexpectedness of encroachment, can be the basis for recognition of actions of the defending person legitimate
112 kb

INVESTIGATIVE INSPECTION, SEIZURE AND SEARCH IN THE INVESTIGATION OF CRIMES AGAINST FAMILY AND MINORS

abstract 1231609082 issue 123 pp. 1182 – 1189 30.11.2016 ru 630
The article describes the content of an investigative inspection, a search, a seizure in the investigation of crimes against the family and minors. There were described the objects and the targets of these investigative actions in various types of crime, as well as trafficking in children
139 kb

CRIMINAL LIABILITY FOR FRAUD IN LENDING

abstract 1231609118 issue 123 pp. 1728 – 1739 30.11.2016 ru 287
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
140 kb

SOME PROBLEMS OF CRIMINAL PROCEEDINGS IN RESPECT OF FOREIGN CITIZENS AND INDIVIDUALS WITHOUT CITIZENSHIP

abstract 1231609141 issue 123 pp. 2113 – 2123 30.11.2016 ru 122
The present article considers the problems of criminal proceedings in respect of foreign citizens and individuals without citizenship in the aspect of the Federal Act 375-FZ, dated 06 July 2016, which made additions to the part 3 of article 12 of the criminal code and article 3 of the code of criminal procedure. The author substantiates the need to include in Section XVI of the code of criminal procedure of a separate Chapter: "peculiarities of proceedings on separate categories of criminal cases", which is devoted the peculiarities of proceedings of criminal cases in respect of foreign citizens and individuals without citizenship who is not living constantly in the Russian Federation, who also is calling to account for criminal prosecution for crimes committed outside the Russian Federation against interests of the Russian Federation or the citizen of the Russian Federation or constantly living in the Russian Federation individuals without citizenship, as well as the definition in the criminal code the list of crimes directed against the interests of the Russian Federation
174 kb

SITUATIONAL APPROACH AS AN ACTIVITY OF A SUBJECT OF MEDIATION PROCEDURES IN CRIMINAL PROCEEDINGS

abstract 1221608038 issue 122 pp. 520 – 536 31.10.2016 ru 478
This article is devoted to the situational approach to the crime aspect of goal-setting activities of a mediator in criminal proceedings. It discusses the mechanisms of reconciliation of the parties in criminal proceedings in the framework of a mediation procedure or application of mediation procedures of the parties of the criminal proceeding under applicable criminal procedure of law. Mediation is considered in the context of situational modeling and creating a system of activities of parties to the proceedings depending on mediablity or remediability of the situation. We analyze current criminal procedural legislation in the sphere of reconciliation on criminal cases of private and private-public prosecution. We have suggested considering a new direction for tactical activities of participants in the proceedings and tactical aspects in the framework of the procedural powers to reconcile the parties, and situational modeling in the framework of its application in the mediation process. In addition, there was given legal and scientific analysis of the possible tactical aspects of the use of mediation procedures in criminal proceedings. A new direction in the tactical aspect of the activities of all participants in criminal proceedings has been presented, which is a tactic of the application of mediation procedures. The process of potential reconciliation of the parties is considered in the context of the situational approach, and the activity of neurotransmitters, through case studies, depending on the possibility of reconciliation between the victim and the suspect. We have proposed a new scientific classification of situations, depending on the possibility or impossibility of the use of mediation procedures
185 kb

RESTRICTIONS AND RESPECT FOR THE PRINCIPLE OF IMMUNITY OF THE RIGHT OF THE PRIVATE PROPERTY IN CASE OF THE ADDRESS OF COLLECTION ON SEPARATE TYPES OF PROPERTY

abstract 1221608072 issue 122 pp. 1046 – 1063 31.10.2016 ru 450
In the article, we have performed an analysis of respect for the principle of immunity of the right of a private property in case of the address of a claim to property. Restrictions of the principle of immunity are shown concerning both property objects, and concerning competences of the owner that in case of proper approach from the legislator is not violation of the rights and interests of the person. The unique premises can act as a subject of the address of collection of debts of the testator. It is established that the size of the money which isn't subject to collection shall be determined living at least by the territorial subject of the Russian Federation, and also funds for expenses for acquisition of necessary medicines and the equipment shall be in addition guaranteed. Shortcomings and contradictions in case of regulation of the bases of the address of collection on separate types of property are revealed, suggestions for improvement of these provisions are made
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 339
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
.