Scientific Journal of KubSAU

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

THE PRINCIPLES OF STATE AND MUNICIPAL SERVICE

abstract 1321708062 issue 132 pp. 772 – 785 31.10.2017 ru 1259
The article considers the ratio of the fundamental principles of the state and municipal services at the present stage of development of the state. It shows the problem concerning the possibility of expanding the list of these principles in the Federal laws and their harmonization
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THE POLICE OF THE KUBAN REGION IN THE LATE XIX - EARLY XX CENTURIES: STRUCTURE, FUNCTIONS, STAFFING AND CONTENT

abstract 1071503018 issue 107 pp. 272 – 288 31.03.2015 ru 848
The article notes that in the XIX century by the name of the decree of the Emperor Alexander II there was formed the Kuban area, including the territories of the Black Sea Coast, North-Eastern part of the Kuban and Zakubanye. Based on the opinions of imperial approval of the State Council "On the permission for the Russian citizen of non-army class to settle and acquire property in the lands of the Cossack troops" from April 29, 1868, Kuban as a whole, and the town of Ekaterinodar, in particular, have received a significant increase in population, which meant the prospect of rapid economic development. The article states that in the period from 1869 to 1871 on the territory of the Kuban region there was a judicial reform, which had a result: from the January 1, 1871, alongside with the formation of new courts there were established new court departments of prosecution of the Ekaterinodar District Court. Along with this great transformation, taking place in the police, the Emperor Alexander II, with a view to changes and improvements in the apparatus of the police, approved the "Temporary Regulations for the structure of the police in towns and districts of the provinces, the general establishment of the governed", which provided preservation for the city police exclusively in provincial and major district towns, leaving it under domination of the police chiefs. The rest of the city and the county police subordinated to the county police departments headed by the county police officer
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THE PLACE AND THE ROLE OF TRADE UNIONS IN THE LIFE OF THE CONTEMPORARY RUSSIAN SOCIETY

abstract 1211607023 issue 121 pp. 511 – 524 30.09.2016 ru 1271
This article deals with the legal status of trade unions in contemporary society, it reveals the basic functions of trade unions. It is shown, that the existing labor legislation and legislation on trade unions is contradictory, difficult to use, and it can be stated that it does not meet current realities. The work of the trade union organization directly depends on how the evolving state. Any social changes pose new challenges for trade unions, sometimes require radical change of priorities, forced again and again looking for new forms and methods of solving problems, so today there is very important to assess the role of trade unions in modern Russia, their values, and legal status. In addition, in this regard, the authors justify the need for further improving of labor legislation and legislation on trade unions, especially regarding the definition and specification of the tasks and functions of trade unions. The authors propose to clarify the definition of "trade union", to consolidate the open list types of trade union organizations and to define their functions. In order to strengthen the role of trade unions, we should require employers not only take into account the reasoned opinion of the trade unions when making decisions, but accept local acts only with the prior permission of trade unions, as well as to establish administrative responsibility in the case of failure
140 kb

THE PERSONALITY OF A PERSON AS A COMPONENT ELEMENT OF CRIMINOLOGICAL ASPECTS OF IMPLEMENTATION OF INSTITUTE OF NECESSARY DEFENSE IN THE ATTACKS ON LIVES OF MEMBERS OF THE FAMILY AND MINORS

abstract 1291705073 issue 129 pp. 1020 – 1031 31.05.2017 ru 3279
The article deals with the main reasons, which obstruct the ability of citizens to realize their birthright on a necessary defense in the protection of family members and minors. The article has paid attention to the importance of the criminological characteristics of the crimes, with an aim to develop measures on prevention of criminality. The author has analyzed socio – demographic characteristics of the individual, who can use the right of necessary defense for guard family members and minors, based on key descriptions (gender, age, level of education, occupation, marital status. There is a proposed change in the article 37 of the criminal code, with a new category of persons – family members and minors. The author also suggests reducing the size of the criminal responsibility, in the article 108 and 114 of the criminal code of the Russian Federation, to one year for persons who exceeded the limits of necessary defense, when they protect family members and minors
137 kb

THE NOTION AND LEGAL REGULATION OF E-COMMERCE

abstract 1111507040 issue 111 pp. 708 – 720 30.09.2015 ru 1045
More and more goods are sold by the means of the Internet and other information and telecommunication networks from year to year. Despite the common practice to sale goods on websites, a general idea of ecommerce is not formed in the modern legal science and the current legislation, the notion ‘electronic commerce’ itself is missing. The presence of multiple gaps in the law and the growing number of disputes have served as a reason for writing this article which touches the issue of studying e-commerce as one of the kinds of business activity. The article describes scientific approaches to the definition of the notion ‘electronic commerce’, the problem the e-commerce object is raised, the notion ‘electronic transaction’, general provisions of transactions, performed by the means of information and telecommunication networks, are analyzed. The authors have paid attention to the practice of concluding contracts by the means of Internet resources, have noted the problem of the correlation between the content information posted on the website and the browse-wrap agreement. The authors consider necessary to legalize of the notion ‘electronic commerce’, to determine legislatively its parties and the rules of implementation. Systematization of the provisions on electronic commerce can be realized within the scope of a separate federal law 'On the Rules of Ecommerce.' Such measures will be able not only to bring the current pattern of Russian business nearer to the international standards, but also to raise it to a new level
120 kb

THE NEW LEGAL FORM OF THE ENTITY – PUBLIC COMPANY

abstract 1001406033 issue 100 pp. 580 – 589 30.06.2014 ru 2121
The article considers the concept of juridical person of public law in connection with new Civil Code. On the basis of features of juridical person of public law worked out up to today the author analyses the approaches to consolidation of this category in legislation
132 kb

THE NEW ECONOMIC POLICY (NEP) AND THE REGULATION OF PROPERTY RIGHTS OF THE LANDS IN THE USSR DURING THE PERIOD OF ITS IMPLEMENTATION

abstract 0941310023 issue 94 pp. 311 – 323 27.12.2013 ru 1100
This article highlights the Bolsheviks's attempts to streamline land relations in the countryside and to direct the peasantry in channel of the collective land using during the period of the NEP. The author shows that these initiatives have not been successful, whereby the land problems have not been solved. Land in the village was still shared, rented, and actually bough
202 kb

THE NATURE AND SIGNIFICANCE OF THE SEARCH ACTIVITIES OF THE UNITS ENGAGED IN OPERATIONAL INVESTIGATIVE ACTIVITIES

abstract 1161602065 issue 116 pp. 952 – 971 29.02.2016 ru 749
The authors of the article analyze the nature and significance of the search activities of the units engaged in operational investigative activities. They consider operational investigative activities as a complex system of operational investigative actions including their different types according to their subject and goals, the problems solved and functional peculiarities as well as the observing (limiting) the rights and freedom of the participants of the activities. Depending on the specific tasks an important part of the system of search operations comprise those which provide detection, prevention and investigation of crimes, detection of wanted persons and objects of criminal assault, as well as operational support of state coercion, appointed by court order . In the theory of operational and investigative activities, they are referred to as "reconnaissance actions", and they reveal the essence of this type in general and search activity (operational research) in particular. Thus, the authors share the view expressed in the literature, according to which the system of reconnaissance and search operations carried out mainly behind the scenes and using a particular service, means, methods and forms, is the essence of operational and investigative activities
183 kb

THE MEANING OF SHARE IN THE PROPERTY LAW AND COMMON POSSESSION OF PROPERTY RIGHTS: A HISTORICAL ANALYSIS

abstract 0911307001 issue 91 pp. 1 – 23 30.09.2013 ru 1503
In the article we have studied the history of formation and development of concepts of share in the point of property rights; we have also compared civil institu-tions of common property, plurality of persons in the obligations, joint authorship, and joint ownership of property rights. The author proves the need for a new legal institution of common possession of property rights
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THE MAIN TRENDS OF THE INFLUENCE OF ILLEGAL USE OF NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ON CRIME

abstract 1041410147 issue 104 pp. 2127 – 2133 30.12.2014 ru 780
The aim of this article is to identify the main trends of the influence of illegal use of narcotic drugs and psychotropic substances to the crime. We considered the basic problems of drug addiction in the population, the spread of drug-crime relationship addiction and crime. The actual study of illicit use of narcotic drugs and psychotropic substances on crime is built methodologically on the following positions: comparative-legal and socio-political, general and private scientific and statistical information. In our view, the main point needs to be done to identify the causes and conditions conducive to the spread of drug addiction and drug crime. We have to determine the main trends of the illicit use of narcotic drugs and psychotropic substances to the crime and define the core area formation of the Russian anti-drug policies, taking into account the impact of demand (drug use) to proposal (drug crime), and feedback between drug supply and abuse of narcotic drugs and psychotropic substances
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