Scientific Journal of KubSAU

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

CRIMINAL AND LEGAL STRUGGLE WITH TERRORISM IN MODERN CONDITIONS

abstract 1181604053 issue 118 pp. 890 – 904 29.04.2016 ru 752
Discussion and problem questions of criminal-legal struggle with terrorism are considered. Terrorism as a phenomenon of our society was analyzed. The assessment of criminal legislation and the bill on property and criminal responsibility of relatives of terrorists is given
166 kb

THE CRIMINALISTIC CHARACTERISTIC OF TERRORISM

abstract 1181604058 issue 118 pp. 963 – 978 29.04.2016 ru 1983
Improving methods of investigation of terrorism is the leading task of modern criminalistics. Different aspects of criminal law and criminology connected with the fight against terrorism were under focus in juridical literature. At the same time criminalistic characteristic of terrorism as a system of generalized notion of significant features of crime under discussion and its interconnections are not analyzed properly. There is a need for further analysis of terrorism, suggestions for its prevention and control. The article deals with exploration of the subject of criminal encroachment, the method of commission and concealment of this crime, the mechanism of formation of traces, the circumstances of the offence, the personality characteristics of the offender and the victim, under circumstances of changing crime situation and significant increase in offences of a terrorist threat
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 674
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
139 kb

PREREQUISITES FOR THE SECULARIZING REFORMS IN THE RUSSIAN EMPIRE

abstract 1181604098 issue 118 pp. 1501 – 1512 29.04.2016 ru 17528
The article examines the process of secularization of Church property in the history of the world. Special attention is paid to the assumptions of the preparation of secularizing reforms in the Russian state since the policy of Joann III. We address the relationship between Church and state in the field of Church lands and ecclesiastical jurisdiction authorized in Stoglav in 1551, and in the judgment of the Council estates in 1581 and 1584. The article studies the reasons, under which it became necessary, in conditions of the emerging absolutism, to limit the Church's estates; the ecclesiastical jurisdiction in this connection, there was issued the national Code – “Sobornoye ulozheniye” of 1649. The study discusses the limitation of economic and administrative privileges of the Church in accordance with the Council code of Tsar Alexei Mikhailovich. The article focuses on the administrative and financial functions of the Monastic Order. We have also made a distinction, and there are differences in the powers between the Monastic Orders 1649 and between recreated Monastic Order in 1701. The article discusses the mission of the Church reform of Peter I the Great and the results of this reform, which prepared the legislative framework for the secularizing reforms of Catherine II the Great
180 kb

«SYMPHONY» OF THE AUTHORITIES IN BYZANTIUM, AND IN RUSSIA AS THE SUCCESSOR OF THE BYZANTINE EMPIRE

abstract 1181604099 issue 118 pp. 1513 – 1529 29.04.2016 ru 523
The article discusses the "Symphony of authorities" in Byzantium and Russia. It reveals the nature, origins and objectives of the State and the Church. Since ancient times, the Church played an important role in the life of society and state. In Byzantium, the authority of the Emperor played a major role in strengthening the Orthodox Church. The Church, particularly, has developed and highlighted the official doctrine of the divine origin of the Imperial power. In the Byzantine Empire a perfect model of Church-state relations – "Symphony of authorities" was formed. The article takes into account the Byzantine edicts, which regulated the relationship between the Church and the state. We considered the legislative acts of Ancient Russia, confirming the existence of that "Symphony" in the Kiev period. The basis of the ancient law was based on the Byzantine collection of ecclesiastical rules and Imperial edicts, called Nomocanon. The article focuses on the models of the interaction of the Church and the state. Special attention was paid to the concept of "Moscow is the third Rome", due to the continuity of the Byzantine Empire Russia as an Orthodox center. We discuss the result of Ferrara-Florence Union as the main reason for the awareness and acceptance of the concept of Philotheus by Russian people. Taking into consideration the concept of "Moscow is the Third Rome", we consider models of the interaction between the state and the Church in the era before Peter I the Great
150 kb

PRACTICE-ORIENTED APPROACH TO THE SCIENTIFIC RESEARCH OF CRIMINAL LAW STUDENTS

abstract 1181604105 issue 118 pp. 1599 – 1610 29.04.2016 ru 774
The article deals with the causes of decline in the quality of training of future lawyers, the need to apply and implement in the learning process of innovative, practice-oriented technology related to the study and use of law enforcement practice while writing diploma and other scientific papers by law students of criminal law specialization. Some ways of search and receiving the materials of investigative and judicial practice are proposed in the article
181 kb

ORGANIZATIONAL AND LEGAL ASPECTS OF INVESTIGATIVE GROUP FORMATION

abstract 1171603012 issue 117 pp. 219 – 236 31.03.2016 ru 730
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
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 731
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
142 kb

LEGAL REGULATION AND PRACTICE OF ELECTRONIC VOTING IN FOREIGN COUNTRIES

abstract 1171603017 issue 117 pp. 305 – 317 31.03.2016 ru 536
The article is devoted to the problems of legal regulation of electronic voting an e-democracy in foreign countries. The possibility of informationalcommunication technologies introduction into the voting process is studied. In the absence of a unified approach to the understanding of the legal nature of edemocratic processes, the authors give the special attention to the analysis of state policy in the sphere of the e-democracy improvement. There were considered the systems of electronic voting system which were used in elections in Estonia, Germany, Austria, UK, Switzerland and Finland. There were analyzed the practice of Internet-voting as a prototype of electronic democracy and problems of identification of voters, calculation of votes, ensuring of secrecy of the ballot. There were marked means the use of electronic voting as positive sides and considerable risks connected with the possibility of interference into the system of electors’ votes and complexity of securing of control of procedure of electronic voting. Authors make conclusions on possibility of the use of positive foreign experience of distant voting during the elections in Russia and on the necessity of working out of legal claims to informational space and given information to increase its quality and credibility
179 kb

THE BARTER AGREEMENT IN THE CIVIL CODE: HISTORY OF ITS APPEARING AND DEVELOPMENT IN RUSSIA

abstract 1171603035 issue 117 pp. 566 – 583 31.03.2016 ru 643
In the article, legal norms of barter agreement are exposed to the detailed analysis. They were fixed earlier in the Civil Codes of RSFSR 1922 and 1964. The authors analyze the modern legal adjusting of barter agreement in the operating Civil Code of the Russian Federation. Characterizing signs of barter agreements are investigated and they allow distinguishing it from a bargain and sale. It is marked that the barter agreement got the detailed regulation of relations only in the operating Civil Code of the Russian Federation. The purview of norms about the agreement of barter broadened in course of time. That was taken into account by a legislator. A modern legislation regulates the features of relations arising up in connection with execution and conclusion of treaty of barter. Earlier operating legislative acts did not take into consideration many questions, related to the relations of barter, arising up in practice. Soviet scientists examined some questions that were and remain now without adjusting or require a specification from a legislator. For example, concerning Civil Codes of RSFSR 1922 and 1964, the imperfection of legal determination of agreement of barter was marked. This decision did not take into account that commodities were passed in property of another side. Modern legislator names it a "commodity the object of the barter agreements. In the same time in practice there is a lot of questions about possibility of applying property rights to the object of the barter agreement. Other critical remarks about the rules of the barter agreement in the civil legislation of RSFSR and the Russian Federation were done by the author in the article
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