Scientific Journal of KubSAU

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

CURRENT ISSUES IN THE RESEARCH OF COLD STEEL ARMS AND THROWING WEAPONS AND THEIR TRACES

abstract 1191605089 issue 119 pp. 1318 – 1336 31.05.2016 ru 361
The authors of the article point out that the research of cold steel arms and their traces has been considered in detail in the studies of different criminologists. Unfortunately, many scientists, examining cold steel arms as the item of expertise, mainly paid attention to the knives, swords, daggers, etc., but few researchers considered crossbows as cold steel weapon. In accordance with part. 4 Art. 223 of the Criminal Code of Russia for illegal manufacture, alteration or repair of throwing weapons, as well as the illegal sale of throwing weapons (Art. 4, Art. 222 of the Criminal Code), criminal liability is stipulated. Thus, the authors agree with the opinions expressed in the literature according to which attention should be paid to the fuzzy wording of p. 4 Art. 222 of the Criminal Code and p. 4 Art. 223 of the Criminal Code of the Russian Federation: "Cold steel weapons, including throwing weapons". Throwing weapons are not included in the number of cold steel arms; it is an independent type of weapon that is different from the cold steel by its technical characteristics. The common feature of cold steel arms and throwing weapons is striking of a target due to the muscle power of a man. The main difference is that there is no projectile with directional movement in cold steel arms and striking occurs due to the direct contact with the object. The definitions of these types of weapons are contained in the Federal Act "About Weapons"
4550 kb

HOW TO SOLVE THE TASK OF CLASSIFICATION OF TYPES OF RIFLE AMMUNITION USING THE METHOD OF ASCANALYSIS

abstract 1181604001 issue 118 pp. 1 – 40 29.04.2016 ru 746
In criminology, there are actual problems of determining the type (machine gun, rifle, large caliber, pistol) and a particular model of small rifle for its ammunition, in particular, discovered in the use of weapons. The article proposes a solution to this problem with the use of a new innovative method of artificial intelligence: automated system-cognitive analysis (ASCanalysis) and its programmatic toolkit – a universal cognitive analytical system called "Eidos". In the system of "Eidos", we have implemented a software interface that provides input to the system images, and the identification of their external contours on the basis of luminance and color contrast. Typing by multiparameter contour images of specific ammunition, we create and verify the system-cognitive model, with the use of which (if the model is sufficiently reliable), we can solve problems of system identification, classification, study of the simulated object by studying its model and others. For these tasks we perform the following steps: 1) enter the images of ammunitions into the system of "Eidos" and create mathematical models of their contours; 2) synthesis and verification of models of the generalized images of ammunition for types of weapons based on the contour images of specific munitions (multivariate typology); 3) quantification of the similarities-differences of the specific ammunition with generalized images of ammunition of various types and models of small rifle (system identification); 4) quantification of the similarities-differences of the types of munitions, i.e. cluster-constructive analysis
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CURRENT CRIMINAL-LEGAL ISSUES OF QUALIFICATION OF A CHILD SUBSTITUTION

abstract 1181604007 issue 118 pp. 128 – 146 29.04.2016 ru 1154
Relevance of the chosen topic is caused by existence of disputable issues in qualification of the crime established in article 153 of the Criminal code of Russian Federation. Objective and subjective elements of corpus delicti of substitution of a child are analyzed in the article. The special attention is paid to the object of the crime, and also consideration of the concept «victim». In this article «mercenary and low motives» as a constructive feature of the subjective element of substitution of a child are considered, the most significant gaps in norms of the criminal legislation are analyzed and ways of their elimination are offered. Having investigated normative legal acts, court practice, foreign legislation and the existing theoretical developments, authors give their interpretation of article 153 of the Criminal code of Russian Federation. The authors express opinion about strengthening of the punishment for this crime. We consider important inclusion in corpus delicti of this crime such aggravating features as the act: «against two or more persons», «a group of persons by previous agreement or organized group», «a person using his official position», «a person who has a previous conviction for crime against a family and minors»
147 kb

INVESTMENT ACTIVITY OF NON-STATE FOUNDS OF RUSSIA

abstract 1181604019 issue 118 pp. 364 – 375 29.04.2016 ru 1737
Currently, pension by virtue of their social significance in favor of one of the main socially important guarantee of stable development of society, to ensure the financial and budgetary sphere of the state. Private pension founds are viewed as an instrument to raise the material well-being of pensioners. The social significance of non-state pension funds is to involve the population in the sphere of voluntary pension insurance. The author analyzed the role of non-state pension funds in acting to pension system. The article subjected to a detailed analysis of the norms of a number of Federal laws, fixing the investment activity of non-state pension found. The author concludes that there is a need to improve existing legislation on investment activity of non-state pension found. As well, the authors indicated some legal problems that occur in practice arising from owners of the investment portfolio. The authors have analyzed the performance of pension funds and formed an opinion about the state of the whole system. Following consideration of the practical problems has been offered for both theoretical and practical ways to address them in order to prevent violation
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ON QUESTION OF ESTABLISHING THE TAX OF INTERNET-SHOPPING IN RUSSIA

abstract 1181604020 issue 118 pp. 376 – 385 29.04.2016 ru 543
Currently, there is a topical question of legal consolidation in the tax and the customs legislations of the fee for goods purchased from a foreign company through a transaction concluded by the information and telecommunications network "Internet". According to the legislator, such innovations will limit the spillover of online orders to the neighboring states with a high threshold for duty-free shipping, which will strengthen the domestic e-commerce market. The authors believe that the consolidation of the institution in the national legislation would contradict the general provisions of tax legislation. The authors believe that such measures will increase the number of sham and mock transactions and reduce import turnover. The proposed projects of the European Economic Commission of the European Economic Union on the Internet fees in their structure are poorly written, in particular, they lack the concept of internet purchase, there is no resolution of the issue of the relationship between the collection and the value added tax.The authors come to the conclusion that these projects should to be completed, in particular, it is proposed to supplement the provisions of domestic legislation, delimiting the object of taxation the value added tax on the object of taxation for cross-border fee to be paid for an online purchase. Their immediate implementation without significant changes will not create a proper mechanism for the implementation of this institution, and generate a lot of conflict situations
131 kb

LEGAL NATURE OF CORPORATE AGREEMENT IN THE RUSSIAN LAW

abstract 1181604021 issue 118 pp. 386 – 396 29.04.2016 ru 674
Legal consolidation of the corporate agreement institution in the Civil Code of the Russian Federation allowed the participants of business companies to implement and manage corporate rights in accordance with this agreement. However, reception of the institution and the lack of uniform court practice gave rise to many doctrinal disputes about the legal nature of the contract. The article presents the opinions of scientists on the issue of what rules of areas of law regulate the corporate agreement, whether it is separate or complex legal institution. The authors consider that the corporate agreement is governed exclusively by the rules of civil law. The corporate agreement is not a contract or an obligation in the traditional sense, however, it should be subjected to the general rules of obligations and contract law The corporate agreement has features of the unnamed contract, but despite this, it should be recognized as an independent civil law named contract. It is needed to ensure that, in addition to the general rules of the Obligations and Contracts, the rules of a treaty on the rights of participants of the limited liability and stockholders' agreement are applied to the corporate agreement
158 kb

THE PROCEDURE FOR THE PROVISION OF HOUSING FOR REFUGEES AND DISPLACED PERSONS

abstract 1181604022 issue 118 pp. 397 – 411 29.04.2016 ru 560
The article touches the problem of studying the procedure of granting housing to refugees and IDPs (internally displaced persons) as well as their family members. The procedure of granting housing to refugees and IDPs is a very important process, being one of the general stages of the modern border policy of Russian Federation. The Standards of Housing Code and Code of Federal Regulations, which secure legal status of these categories of citizens, are analyzed In this article. The authors analyze criteria of giving the refugee or IDP status to a citizen, the procedure and conditions of providing housing to these categories of citizens. Based on the studies, the revision of the Standards of Housing Code, particularly, the expansion and supplement to the notion «accommodation» is offered, also it is offered to combine the general regulations on the procedure of providing accommodations to the refugees and IPDs. It is also substantiated in the article that there is need to amend the notion of specialized housing fond. The authors consider reasonable to clarify what are the other accommodations of different status that can be provided to refugees, IDPs, and their family members. The proposed changes in housing legislation will let us simplify and adjust the mechanism for implementing the housing regulations in legal relationships in providing housing for refugees, internally displaced persons and their families
156 kb

THE GIFT CONTRACT IN THE CIVIL CODE: HISTORY OF BECOMING AND DEVELOPMENT IN RUSSIA

abstract 1181604028 issue 118 pp. 520 – 533 29.04.2016 ru 755
The contract of donation is one of the most common and frequently encountered in practical life, civil contracts. This article describes the history of the formation of the contract of donation in civil law of Russia. The author analyzes in detail the legal provisions of the contract of gift, enshrined in the current before the Civil Code of the RSFSR in 1964. Soviet scientists considered some of the issues that have been and (or) remain outstanding or require specification of the legislator. Previously existing legal acts do not take into account many associated with the donation contract questions arising in practice, such as cancellation the contract of donation. We study the qualifying elements of a deed of gift, which allows distinguishing it from related contracts. It is noted, that the scope of the rules on the contract of donation has expanded with the time, which could not be taken into account by the legislator. Current legislation regulates the peculiarities of relations arising in connection with the execution and the conclusion of the contract of donation. The author analyzes in detail the current legal regulation of the contract of donation in the current Civil Code. In particular, this article presents the problematic issues: the implementation and application of the contractual relationship between the given and giver, raised the question of the qualifications of donation with the participation of public servants, and lists some proposals to address the shortcomings in the current legislation. The article made other critical comments with regard to the rules on the contract of donation in the civil legislation of the RSFSR and the Russian Federation. The article has a research character. The authors show the way to solve the most pressing problems of enforcement under the contract of donation, and put forward proposals to improve the legislation
171 kb

ENSURING FULFILLMENT OF OBLIGATIONS BY MEANS OF GUARANTEE: FROM BANKING TO INDEPENDENT

abstract 1181604036 issue 118 pp. 658 – 674 29.04.2016 ru 654
Russian civil legislation contains a list of ways in which the parties to the transaction have the ability to enforce the commitments. These methods form an important institute of the Russian law of obligations. For a lender, ensuring the fulfillment of the obligation is an additional guarantee that the commitment made by the debtor of his obligation will be fulfilled properly in accordance with the terms of agreement between them. In this article we will focus on independent guarantee – one of civil-law ways of ensuring the fulfillment of the obligations which differs from the others. The independent guarantee is not new to the domestic civil law. Thus a bank guarantee, familiar to the Russian law, have transformed. Having made a comparative legal analysis of the characteristics of a warranty considering significant changes in liability law norms, the authors explore the legal nature of the independent guarantee, define its place in the system of the ways of ensuring the fulfillment of obligations, analyze the feasibility and effectiveness of the implementation of the warranty in practice, focus attention on the discussion of theoretical questions, and name problems that law enforcers may face in ensuring the fulfillment of obligations by means of the independent guarantee
192 kb

ORG ANIZATIONAL AND ADMINISTRATIVE ACTIVITIES OF THE HEAD OF THE INVESTIGATIVE BODY, THE BODY OF INQUIRY AND THE HEAD OF THE INVESTIGATION GROUP ON FORMATION AND FUNCTIONING OF THE INVESTIGATIVE TEAM

abstract 1181604038 issue 118 pp. 692 – 711 29.04.2016 ru 643
The author has analyzed scientific and technical literature, plus 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 items and norms of the criminal procedural law governing the activities of the detective, the head of the investigative body, the head of the investigation team, the investigator, the chief of the inquiry body, the body of inquiry unit and the head of the group of investigators. However, the article 163 of Criminal Procedure Code provides for organizational and administrative activity of the head of the investigative body in terms of decision-making on the establishment of the investigation team, in determining the psychologically compatible, pushing and experienced investigators, members of the investigation team, as well as the approving of the head of the investigative group. Moreover, according to the p. 3 of part 1 of the art. 39 of the Russian Criminal Procedure Code, a head of the investigative body has the right to give instructions about the direction of the investigation and certain investigative actions
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