Scientific Journal of KubSAU

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

ACQUISITION GROUNDS OF PROPRIETORSHIP DUE TO LONG STANDING OF POSSESSION

abstract 1001406020 issue 100 pp. 376 – 393 30.06.2014 ru 1655
The article deals with the peculiarities of the proprie-torship acquisition due to long standing of possession on the basis of juridical facts theory. There is the analysis of the necessary conditions for the proprietorship acquisition on the given basis (fairness and openness of the possession, continuity of the term) and the general description of the supposed changes in the Civil Code of the Russian Federation related to the acquisi-tive prescription institution
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 1631
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
119 kb

THE COMPARATIVE ANALYSIS OF THE STATUS OF THE PROSECUTOR'S AUTONOMY IN THE RUSSIAN FEDERATION AND IN THE UKRAINE

abstract 0841210071 issue 84 pp. 906 – 916 28.12.2012 ru 1626
In the article, the comparative analysis of the status of prosecutors autonomy in the Ukraine and in the Russian Federation is given, it also describes the features, inherent in the status of the Prosecutor of the Autonomous areas of the two countries, and characteristic differences; it made an accent on the necessity of the development status of the Prosecutor of the autonomy taking into account national peculiarities and world experience
161 kb

RECOGNITION OF THE PROPERTY RIGHT TO UNAUTHORIZED CONSTRUCTION: THEORY AND PRACTICE QUESTIONS

abstract 0741110003 issue 74 pp. 31 – 46 30.12.2011 ru 1623
Данная статья посвящена гражданским делам, рассматриваемым судами и связанным с признанием права собственности на самовольную постройку. Для рассмотрения подобных споров необходимо уяснить четкое определение самовольной постройки, рассмотреть специфику исков о признании права собственности на нее, а также основания, связанные с признанием права собственности на самовольную постройку
135 kb

TO A QUESTION OF DEVELOPMENT OF THE CONSTITUTIONAL REFORM IN MODERN RUSSIA

abstract 0781204016 issue 78 pp. 186 – 198 30.04.2012 ru 1621
In the history of Russia, the year of 2012 opens the report of the new period of its development. The constitutional transformations begun in the end of 80’s of the last century, they find new directions and are filled with new maintenance, commensurable with worldwide processes. Sights at the tendencies formed in new conditions with orientation on succession in development of the previous transformations are offered in this article
148 kb

THE LAW "TO THE ORGANIZATION OF THE DETECTIVE DEPARTMENT" ON JULY 6, 1908: ADVANTAGES AND DISADVANTAGES IN THE REGULATION OF THE DETECTIVE DEPARTMENT IN THE NATIONWIDE CRIMINAL INVESTIGATION"

abstract 1071503017 issue 107 pp. 259 – 271 31.03.2015 ru 1617
The article shows that in the late XIX - early XX century in Russia it was really bad crime situation. Therefore, on March 12, 1908 due to the orders of the Director of the Police Department, M.I. Trusevich it was formed "Department of Criminal Detective parts", so 8th paperwork Department, tasked with the general supervision over the activities of the detective department of the Empire. June 20, 1908 in the State Duma they discussed the draft law "To the organization of the detective department". July 6, 1908, approved by the State Council and the State duma, the law "To the organization of the detective department" was approved by the Highest Emperor Nicholas II. In accordance with the law there were approved the authorities of the criminal investigation in the largest cities of Russia. The article states that the total number of police detective was brought to 96 units. Analyzing the law in question, it should point to a number of shortcomings associated with its material component. Firstly, this is a minor detective department states even for the 1st category, which significantly reduces the impact of operational and investigative activities, in addition, the absence of the detective department states in the 3rd and 4th digits as an assistant chief of the Detective Department gave problems in cases vacation, business trip or illness head. But in the article there are different and positive aspects of the law. With the adoption of the law it became possible the creation of the All-Russian secret police system
183 kb

LEGAL RELATIONSHIP AND SUCCESSION TO THE INHERITANCE

abstract 1131509116 issue 113 pp. 1649 – 1667 30.11.2015 ru 1614
The authors of the article consider and analyze various points of view upon hereditary legal relationship and the nature of universal succession to the inheritance. The matter of hereditary legal relationship appears due to the death of the testator. Hereditary legal relationship arises on various bases, which grow from the facts: discovery of inheritance, acceptance of inheritance, refusal of inheritance, execution of the will, hereditary transmission and other legal relationship. The authors come to the conclusion that the change of the testator as subject in any of the legal relationship existed during his lifetime is impossible without the whole complex of the hereditary relations, and while some (the relations on protection of hereditary property, division, etc.) can be avoided in the course of transition of hereditary property, the others (discovery of inheritance, acceptance of inheritance) are necessary. In each legal relationship the successor perceives the whole legal situation of the testator, that is in each legal relationship the rights which are the object of the relation will be passed to him. The contents of hereditary legal relationship claim that inheritance represents the transition order protected by the law after the death of a citizen (testator) of the things owned by him on the right of a private property, the property, and also property rights and duties to one or several persons (successors) as universal succession. In the case of universal hereditary succession, the rights and duties are passed to the successor with one act, without a transfer by their first owner, and the passed rights and duties continue to be estimated on the identity of the first owner. Finally the authors come to the conclusion that universality designates transition of the rights as well as the testator’s duties (except those inseparably linked with the identity of the testator) as a whole when the successor can't selectively accept some rights and duties, having refused the others. Restriction of responsibility of the successor for the testator's debts with the size of hereditary volume does not change the essence of universal succession in this regard
163 kb

INITIATION OF A CRIMINAL CASE AND THE CIRCUMSTANCES THAT MUST BE THE IDENTIFICATED IN CASES OF BRIBERY

abstract 0851301021 issue 85 pp. 274 – 290 28.01.2013 ru 1613
This scientific article is devoted to the issues related to the initiation of a criminal case and the circumstances, subject to establishment of cases of bribery
189 kb

THE FORMATION OF THE LEGAL REGULATION OF THE RATIFICATION OF INTERNATIONAL TREATIES

abstract 0921308002 issue 92 pp. 28 – 50 31.10.2013 ru 1611
The research is devoted to the historical analysis of the formation of the legal regulation of the ratification of international treaties. In the article, we have shown the specifics of each stage of the historical development of the institution of ratification
128 kb

CONCEPT AND SIGNIFICANCE OF TERMS IN CIVIL LAW

abstract 1061502053 issue 106 pp. 842 – 852 28.02.2015 ru 1596
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
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