Scientific Journal of KubSAU

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

ABOUT IDENTITY OF THE RUSSIAN MODEL OF CIVIL SOCIETY: NONTRADITIONAL VIEW ON TRADITIONAL VALUES

abstract 1181604064 issue 118 pp. 1050 – 1060 29.04.2016 ru 678
This article focuses on actualization of mainstreaming of research the problems of development of native civil society within the conservative direction, based on historical civilizational identity of Russia. Comparing main postulates of russian and west civilizations their historically formed priorities in spiritual, political and economic spheres are showed. Based on them and on critical assessment of attempts to adapt the western model to Russian reality, authors consider that the nature of the problem of similarity between Russian reality and model civil society is in only west orientation of civil society theory, which does not suit to stable features of Russia as specific civilization. Trying to find an optimal model of civil society, authors refer to an idea of core values of native civilization. A number of historical issues, which influence on positive development of civil society in Russia, is showed. In order to solve them it is suggested to take measures, the realization of which depends on implementation some functions by civil society together with the state. It is concluded, that Russian society during its history can be reviewed as a civil society within its traditional value
187 kb

SUMMARY OF THE HISTORICAL DEVELOPMENT AND LEASING

abstract 1001406062 issue 100 pp. 949 – 967 30.06.2014 ru 686
This study focuses on the historical analysis of the development and nature of a lease. The article has marked the features of the each stage of the historical development of the institution of leasing and its emergence in the Russian Federation
149 kb

PARLIAMENTARY CONTROL: NOTION AND APPOINTMENT

abstract 1161602040 issue 116 pp. 588 – 600 29.02.2016 ru 686
The present article is devoted to the institute of the Parliament control in Russian Federation, its role and importance in the structure of functions of the Parliament of Russia. The authors of the article analyze the different approaches to the notion of the Parliament control in the theory of constitutional law, in federal and regional legislation. The author’s definition of the Parliament control is formulated. The focus on the necessity of the clear setting of the present term in the present legislation of the Russian Federation is made. In the article there were reflected the ways of the Parliament control, there were given their characteristics. The authors state the key and secondary aims of the Parliament control set in the federal law. In the article there was given the characteristics of the principles of the Parliament control set in the federal law. The authors offer to extend the list of present principles of the Parliament control with the aim of the deeper understanding of its essence. The authors pay to the special attention to the role and the importance of the institute of the Parliament control in the Russian Federation, its influence on the development of the legal civil society in Russia. The special role of the Parliament as a representative institution of the people expressed its role. The assessment of the effectiveness of the execution of the Parliament control by the Russian Parliament on the modern stage of the country’s development is given. The problems of the trends of the improvement of the Parliament control are touched
139 kb

THE CONCEPT OF A GROUP OF INVESTIGATION OF CRIMES AGAINST FAMILY AND MINORS

abstract 1151601066 issue 115 pp. 1046 – 1057 27.01.2016 ru 688
The article presents the concept of group methods of investigation of crimes against a family and minors. There was briefly investigated the concept of criminal – legal characteristics of specific offences against the family, which are common. The general positions for the questions about criminalistic characteristics were reviewed. We have justified the conclusion about the essence of a group technique of investigation of crimes against a family and minors
191 kb

DISTINCTIVE FEATURES OF CRIMINAL INCOME LEGALIZATION (LAUNDERING) IN THE RUSSIAN EMPIRE (LATE XIX-EARLY XX CENTURIES)

abstract 1301706038 issue 130 pp. 510 – 526 30.06.2017 ru 689
In the article, we analyze the measures that the lawenforcement authorities of Tsarist Russia undertook against the process of bringing the criminal income into the economy of the country and using it for the extremist and terrorist activities. The fact that the amount of illegal incomes in Russia in the late XIX century and the beginning of the XX century increased massively, and these incomes were used in the social and political life in quite a peculiar way, confirms the idea that in the democratizing society undergoing a number of social reforms many political organizations recourse to searching for and forming illegal sources of financial incomes and further money laundering to support their activities. The increase in crime, especially in the economic sphere, strains social relations, instigates different organizations and movements struggling for power to receive financing from criminal sources. In their turn, the organizations and movements use the criminal incomes for the political struggle, masking it behind noble causes. Criminal associations arising against the national backdrop manipulate the political, cross-national and other kinds of contradictions, existing in international and interstate relations. With the aim of laundering the “shadow” funds and in defiance of the national interests, they use the services of foreign banks and special agencies of antagonistic countries
113 kb

COMPUTERIZATION OF INVESTIGATION TARGETING AND PLANNING

abstract 1081504036 issue 108 pp. 491 – 499 30.04.2015 ru 704
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
148 kb

ABOUT THE CATEGORY OF “LEGITIMATE INTEREST” IN CRIMINAL PROCEEDINGS

abstract 1171603074 issue 117 pp. 1139 – 1151 31.03.2016 ru 704
The article investigates the concept and the content of a legitimate interest in criminal proceedings. The author concludes about the necessity of inclusion the additional structural element, legitimate interests of parties of criminal proceedings in the criminalprocedural relationships. The author’s definition of the legitimate interests of some parties of the criminal process is tabled for discussion. Different points of view of legal scholars on the subject are analyzed in this article. The article discusses special features of occurrence of legitimate interests in terms of pretrial agreement undertaking on cooperation with suspected or accused party
170 kb

PLUNDER OF REAL ESTATE OR BUYING REAL ESTATE: QUESTIONS OF THE THEORY AND PRACTICE

abstract 1321708006 issue 132 pp. 45 – 57 31.10.2017 ru 705
The authors consider the issue of qualification of unlawful treatment of property in favor of the perpetrator – as plunder or buying another's property. Also, in the article we highlight the enforcement practice in relation to the identified problems at the level of the Krasnodar region
180 kb

LEGAL BASIS FOR SEARCH ACTIVITIES OF THE UNITS ENGAGED IN OPERATIONAL INVESTIGATIVE ACTIVITIES

abstract 1171603013 issue 117 pp. 237 – 253 31.03.2016 ru 733
The authors of the article consider legal organizational and tactical issues of operational investigative activities in the course of search. The authors compare some items and norms of Russian Constitution, Criminal Law, Criminal Procedure Law, Federal Laws governing the operational-search activity, in particular search activity, some sources of information, such as confidential. In particular, the authors examine the legal basis of the internal affairs agencies in the fight against crime as a science-based system of legal norms contained in the laws and bylaws that create the legal preconditions, as well as the conditions and procedure for carrying out operative search actions, either directly regulating the legal organizational and tactical questions of application of operational investigative forces, means, methods and forms in the fight against crime. Thus, the authors believe that the search activities of the units engaged in operational investigative activities of the police, as an organizational and tactical form (or part of) the operational-search activity of law enforcement bodies as a whole, it has a single legal framework that operational search activity in general
181 kb

ORGANIZATIONAL AND LEGAL ASPECTS OF INVESTIGATIVE GROUP FORMATION

abstract 1171603012 issue 117 pp. 219 – 236 31.03.2016 ru 734
The article deals with the issues related to the organizational and legal aspects of investigative group formation. 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 changes and additions to the content of the article 163 of Criminal Procedure Code. 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 performance of the investigative and the operational and investigative teams and the work of their leaders, to consider the establishment of investigative and operational investigative groups in criminal cases, which are of great public and political importance and are under control of inter-agency working groups on combating organized forms of criminal activities. According to the author, it is necessary to raise the level of responsibility of the leaders of the investigative and operational investigative groups, which are aimed on the investigation of crimes committed by an organized group, gang or a criminal association, as well as by persons, classified as representatives of the organized crime. Together with the management of bodies engaged in operational investigative activities, a uniform algorithm for the establishment and functioning of investigative and operational investigative groups should be worked out and introduced to the junior agencies staff and subordinate units
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