Scientific Journal of KubSAU

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

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 1266
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
147 kb

FUNCTIONING OF KAZYONNAYA PALATA IN THE TAURIAN DISTRICT IN 1784-1796

abstract 1211607097 issue 121 pp. 1608 – 1618 30.09.2016 ru 843
The article is devoted to the Kazyonnaya palata of the Taurian district and its specifics of structure and functioning. The brief characteristic of its structure and place in the state machinery is given. Alongside, the features of interactions between palata itself and other key public authorities are noted. The archive data is used to illustrate the place of Kazyonnaya palata among the other authorities. The article also pays a significant attention to the Russian Empire Kazyonnaya palatas structure specifics depending on the region operated. It is stated, that that departments of the Kazyonnaya palata bore the names “expeditions”, with their number and composition depending on the particular conditions of the specific region of the state. Basing on the comparison of the several regions palatas compositions and their number of expeditions, the specific expeditions depending on the region's characteristics are distinguished. In Taurian district, the specific needs of the region were covered by the wine, salt and customs expeditions. This article continues with the functioning peculiarities of the expeditions mentioned, which are supported by the real examples of their operation found in the archive illustrations. In conclusion, the key features of the Kazyonnaya palata of the Taurian district are described, and the brief characteristics of the specific expeditions are given
126 kb

INVESTIGATIVE SITUATIONS OF THE INITIAL STAGE OF INVESTIGATION OF CRIMES AGAINST FAMILY AND MINORS

abstract 1211607115 issue 121 pp. 1840 – 1849 30.09.2016 ru 658
The article describes the contents of typical investigatory situations in the initial phase of the investigation of crimes against family and minors and the investigation version is based on the situation. We have also described an algorithm of investigation of each situation
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 563
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
146 kb

THE RESOLUTION OF THE QUESTION OF THE COMPOSITION OF THE PERSONS PARTICIPATING IN THE CASE IN CIVIL PROCEEDINGS

abstract 1201606058 issue 120 pp. 857 – 869 30.06.2016 ru 383
The article analyzes the content of the duty of the court on determining the composition of persons participating in the case and the specific actions of the court, he needs to do to resolve the issue of the composition of the persons participating in case: correct definition of the subjects of the disputed material relationship; identifying the possible presence of other actors material legal relations that are in close connection with the disputed material relationship
137 kb

TO THE QUESTION ABOUT PROBLEMS OF THE QUALIFICATION OF FRAUD IN THE SPHERE OF LENDING

abstract 1201606078 issue 120 pp. 1188 – 1198 30.06.2016 ru 639
The article covers the problems of the classification of the crime under Article 159.1 of the Criminal Code of the Russian Federation, and its delimitation from certain related offenses. The article analyzes a definition of the area of lending as well as the definition of a bank or any other lender. The article also analyzes a subject of a crime and the subjective aspect of a crime. The author pays special attention to the analysis of the ways (methods) used to commit fraud in the area oflending. The article considers the question of whether the known to be false or misleading information provided to a bank or other lender is the evidence for the crime stipulated by Article 159.1 of the Criminal Code of the Russian Federation. The article encourages the exchange of the opinions upon the problem of the application of the law on fraud in the area of lending. The author indicates the need for some changes in Article. 159.1 of the Criminal Code of the Russian Federation and the adoption of a new resolution of the Plenum of Russian Supreme Court, which will resolve difficulties in qualifying fraud in the area of lending
145 kb

PROBLEMS OF PRAVOSUB'EKTNOSTI OF AGRICULTURAL COOPERATIVES

abstract 1201606079 issue 120 pp. 1199 – 1210 30.06.2016 ru 546
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
154 kb

SOME FEATURES OF LEGAL REGULATION OF ELECTION COMMISSIONS ACTIVITY AT KUBAN IN THE PRE-REVOLUTIONARY AND THE SOVIET PERIODS

abstract 1201606089 issue 120 pp. 1337 – 1351 30.06.2016 ru 366
The article discusses and analyzes the process of formation and organization of the election commissions in the Kuban region in the prerevolutionary and Soviet periods. The main research strategy articles can be viewed as the genesis of the electoral bodies in the Kuban region to the beginning of XX c., the main function of which was the organization and conduct of elections. The focus is on normative regulation of the electoral bodies, as well as the factors and conditions that contribute to their formation and development. In addition, we reviewed and analyzed the influence of the Soviet legislation to change the mechanism of formation and organization of the election commissions of the Soviet period. The article analyzes the composition of election commissions, the powers of the members of election commissions, the procedure of the election. We study the organs, whose powers are to oversee the elections. It is noted the role of the local Soviets in the preparations for the elections in the mid 50s. They provided all the organizational side of the preparations for the elections - the formation of polling stations, the compilation of voter lists, and the preparation of documentation. The article also reveals the problems that arose during the preparation and conduct of elections, shows the consideration of election commissions proposals and complaints of voters. In addition, there are sources of the State Archives of the Krasnodar Territory, the State Archive of the Russian Federation, archived issues of "Izvestiya", "Sovetskaya Kuban", "Komsomolets Kubani" newspapers
110 kb

ORGANIZATION OF THE INITIAL STAGE OF THE INVESTIGATION OF CRIMES AGAINST THE FAMILY AND MINORS

abstract 1191605055 issue 119 pp. 770 – 777 31.05.2016 ru 517
The article describes main questions of the organization - the analytical process at the initial stage of the investigation of crimes against the family and minors, particularly targeting investigated, initial investigation, shows the features of the initial stage of investigation of trafficking in minors, child substitution and illegal adoption
298 kb

ORGANIZATIONAL AND ADMINISTRATIVE ACTIVITIES OF THE HEAD OF THE INVESTIGATIVE TEAM AND THE HEAD OF THE INVESTIGATION GROUP WHILE PLANNING THE ACTIONS OF THE INVESTIGATIVE TEAM

abstract 1191605088 issue 119 pp. 1278 – 1317 31.05.2016 ru 752
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 proposed definitions of an investigative team and an investigation group and the matters related to the investigation planning (strategic plan, an additional plan, the investigation plan as a whole in the case and during specific investigative actions and operationalsearch activities). The analysis allows the author to declare the need to invite the heads of the investigative bodies of the various departments and units to carry out more in-depth additional analysis of the effectiveness of the investigation and the investigative teams and the work of their managers to develop effective, strategic, shared, refined, additional plans for specific investigative actions and operational-search measures. The author also offers and considers it expedient to establish the investigative team as a procedural form of interaction in the production of the preliminary investigation, as well as the group of the operational support of the investigative team, i. e., operational investigation group as a non-procedural form of the activities for the detection and investigation of non-obvious, serious and very serious crimes. Thus, for the development and the effective operation on the detection and the investigation of non-obvious, serious and very serious crimes, multi episode, complex cases with the socio-political impact, the investigative team and the operational investigation group should be combined into a single structure
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