Scientific Journal of KubSAU

Polythematic online scientific journal
of Kuban State Agrarian University
ISSN 1990-4665
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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 558
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
113 kb

COMPUTERIZATION OF INVESTIGATION TARGETING AND PLANNING

abstract 1081504036 issue 108 pp. 491 – 499 30.04.2015 ru 703
The article deals with the problems of the automation of an investigation targeting and planning. The authors consider the possibility of the development of the automatic logic system for designing and using investigation methods of different types of crime. The authors propose the following solution of the problem: handling of the data of criminal cases of the certain type of crime to analyze and highlight the initial information; developing of the typical investigation situations and hypothesis with logic chain; developing a set of measures (investigative activities, search operations, organizational preparations and other actions), which can help achieve the objectives; list of tools necessary to carry them out
159 kb

CONCEPT AND LEGAL REGULATION OF INNOVATIVE ACTIVITY

abstract 0961402039 issue 96 pp. 557 – 574 28.02.2014 ru 1190
This article is devoted to legal regulation of innovative activity. In this work various legal communications between various sources of law establishing a legal regime of innovations and innovative activity are considered
128 kb

CONCEPT AND SIGNIFICANCE OF TERMS IN CIVIL LAW

abstract 1061502053 issue 106 pp. 842 – 852 28.02.2015 ru 1574
The article reveals the concept of term in the civil law. The author considers the various classifications of terms and their main features. The main attention is focused on the meaning of terms in civil law. Namely, on the expiry of the contract as a legal fact. The author concludes a significant role of terms of civil matters. For example, they point to the beginning and end of relationship, the need to establish the commission of the planned actions; they clarify the civil relations and discipline their members. The author notes that in terms of contractual relations are Obligations element, the correct application which provides some protection of rights of participants in civil relations. However, despite all this, the provisions of the dates in the current civil law needs work, a more detailed definition of the relation of concepts such as termination of the contract term and the term of the extinguishment of debt. The study is based not only an analysis of theoretical works of scientists, but also on law enforcement practices. The analysis of court decisions relating to the provisions in question, on the basis of which certain conclusions. The author of the article has identified actual problems of current legislation and conclusions and suggestions on the need to improve the existing civil law
171 kb

CONSTITUTIONAL ENSHRINEMENT AND IMPLEMENTATION OF MAJOR FUNCTIONS OF THE LEGISLATIVE (REPRESENTATIVE) DEPARTMENTS OF STATE POWER IN THE RUSSIAN FEDERATION

abstract 1011407152 issue 101 pp. 2265 – 2281 30.09.2014 ru 1434
The article is devoted to the problems of constitutional and legal enshrinement of the functions of the legislative department as principal areas of activity to implement own subjects of management and competence. The article considers the main functions of the Russian Parliament - the legislative, representative and control functions
137 kb

CONTENTS OF THE MAIN ELEMENTS OF THE CRIMINALISTIC CHARACTERISTIC OF FRAUD

abstract 1141510005 issue 114 pp. 66 – 75 30.12.2015 ru 1104
The article “Contents of the main elements of the criminalistic characteristic of fraud” written by the group of authors is of great importance today as the new points of the Federal Act №207 of the Criminal Code of Russia which provide for the criminal proceedings for fraud in lending; while getting payments; while using bank cards; in business sphere; in the sphere of insurance, introduced on November 29, 2012, still need to be developed and lack the methods of the investigation of such crimes. Consequently, the methods of preparation, committing and concealing of a crime, track formation mechanism are not determined and analyzed upon the materials of the forensic and investigative activities. The authors of the article have attempted to study the cases of the mentioned crime types and determine the ways of preparation, committing and concealing of a crime and track formation mechanism of the above-mentioned types of crime
163 kb

CONTRACT AND NON- CONTRACT WAYS OF USING THE EXCLUSIVE RIGHT FOR A TRADE MARK

abstract 0951401059 issue 95 pp. 1020 – 1038 30.01.2014 ru 1623
The given article is devoted to contract and non-contractual ways of using the exclusive right for trade marks. Three main types of agreements can be selected out on the basis of civil legislation: contract on alienation of exclusive right for a trade mark and licensed contract. The determination, the content and the form of these contracts are analyzed and the author’s determination of given contracts are formed in this article
157 kb

CONTROL AUTHORITIES OF INSTITUTIONS OF THE CIVIL SOCIETY CONCERNING TO THE STATE POWER

abstract 1161602056 issue 116 pp. 809 – 820 29.02.2016 ru 598
The article is devoted to the analysis of the legal status of institutions of the civil society owing the control authorities concerning to the organs of state power. We have analyzed the legislature, which is fixing the bases of public control and practice of activity of corresponding institutions of civil society; the authors show the main problems of activity of subjects of public control and give proposals on their solving because it is necessary to increase the effectiveness of execution of public control in the Russian Federation
121 kb

CORPORATE LAW IN RUSSIA: THE INFLUENCE OF "OUTSIDE"

abstract 1051501044 issue 105 pp. 738 – 748 30.01.2015 ru 931
The article is focused on questions of the legal status of new organizational forms - investment partnership and economic partnership. In this regard, the author examines the issues related to the influence of the doctrine of economic analysis of law on the Russian corporate law. The author notes that the creation of new types of entities should be based on the Civil Code of the Russian Federation. Creation of certain types of legal entities by the adoption of special laws is invalid. In the United States, the prevailing doctrine is the economic analysis of law. Therefore, the creation of new types of legal entities is quite simplified and is subject to the said doctrine. In Russia, the main business and civil relations is the Civil Code of the Russian Federation. Therefore, the creation of new types of legal entities must comply with its provisions. The author notes that creation of an investment partnership, as well as economic partnership, are new to the Russian law enforcement. Analysis of their legal status allows us to say that their design is unknown to the provisions of the Russian corporate law. The author notes that the legal status of these types of legal entities can not be called successful. Therefore, the author suggests subordinating any relationship involving commercial entities to the Civil Code
133 kb

CORRELATION OF CATEGORIES OF “SYSTEM” AND “SYSTEMATICITY” IN THE CIVIL LAW: PHILOSOPHICAL AND METHODOLOGICAL BASES

abstract 1011407093 issue 101 pp. 1441 – 1452 30.09.2014 ru 1380
In this article the author tries to evaluate from the theoretical standpoint a number of complex multi-aspect reflections of systematicity of civil law, and at the same time to introduce some interesting practical material, which allows noting its practical value for the improvement of civil legislation as a whole
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