Scientific Journal of KubSAU

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

DETECTIVE POLICE OF THE RUSSIAN EMPIRE IN THE WORKS OF DOMESTIC RESEARCHERS

abstract 1071503016 issue 107 pp. 243 – 258 31.03.2015 ru 1506
The article analyzes the most important works on the history, regulatory, and organizational and legal regulation of secret police of the Russian Empire engaged in the fight against criminal offenses, as well as a brief analysis and commentary of the content. It is noted that in the pre-revolutionary historiography special studies on the historical and legal analysis of the criminal investigation have been identified as the national system of secret police was formed only in 1908. In all Soviet historiography police detective, exactly like all public institutions of autocratic Russia as a whole was considered from the extremely negative side, with an emphasis on its "class, anti-national character" and "reactionary nature", within the established ideological dogmas that ultimately resulted in the loss of objectivity and distortion of the truth. Post-Soviet historiography is characterized by an almost total abandonment of rigidly set ideological attitudes that positively entailed as a new vector in the development of historical and historical and legal sciences in general and objective coverage of the problem in particular. During this period there were some published works, though fragmentary, which address the problems of Russian secret police in historical and legal aspects, taking into account the new conceptual approach
144 kb

DEVELOPING OF INVESTIGATION PROCEDURES AT THE INITIAL STAGE OF THE INVESTIGATION OF EXTORTION

abstract 1231609065 issue 123 pp. 930 – 942 30.11.2016 ru 838
The article deals with the complex and important problem related to the investigation of extortion. From a legal point of view, extortion is the demand of a transfer of someone’s property, rights to the property or some other actions connected with the property, which is accompanied by various threats of violence, destruction of property or spreading of information defaming the victim or his relatives. Extortion refers to latent crimes. Investigation of extortion is complicated because of the high level of professionalism and thorough preparation of the accused. The number of criminal groups using extortion as the main source of their income is increasing. To select the best way of obtaining information concerning past events, an investigator develops crime investigation procedure. The article analyzes the concepts of "investigation procedure" and "programming", the stages of the criminalistic routine development are pointed out. Dealing with extortion classification of preliminary investigation procedures is an important condition for their development, which allows to distinguish homogeneous groups and to develop criminalistic routine. Based on the typical investigative situations at the initial stage of investigation of extortion we have proposed some investigation procedures. The set of all procedural actions and recommendations that need to be implemented in the course of the investigation, forms investigation program
138 kb

DEVELOPMENT OF CONSTITUTIONAL SYSTEM OF GERMANY AND FRANCE IN THE NEWEST TIME: COMPARATIVE-LEGAL ANALYSIS

abstract 0941310020 issue 94 pp. 264 – 277 27.12.2013 ru 1325
The tendency of contradictory and interconnected development of Germany and France in XX century is traced in the article. It is marked that the political events in one state influenced the legal system of another state
117 kb

DIFFERENTIATION OF DECEPTION AND ABUSE OF CONFIDENCE IN CORPUS DELICTI AGAINST PROPERTY

abstract 0841210006 issue 84 pp. 55 – 64 28.12.2012 ru 1450
There were considered the problems of differentiation of deception and abuse of confidence under committing of crimes fixed by Articles 159 and 165 of Criminal Code of the RF and some problems of such crimes qualification occurring in these situations as well. On the basis of carried out research, there were made special suggestions on improving of criminal law reduction on responsibility for fraud and infliction of property harm by means of fraud and abuse of confidence and practices of its application
149 kb

DIFFERETIATION OF ADMINISTRATIVE OFFENSES AND CRIMES

abstract 1291705062 issue 129 pp. 855 – 866 31.05.2017 ru 824
The article considers the issue of correlation of criminal and administrative responsibility. There are various points on the vision of this problem. The main legal gaps that prevent the delineation of an administrative offense and a crime are revealed
122 kb

DISCIPLINARY PROCEDURES IN SYSTEM OF PUBLIC SERVICE IN PRE-REVOLUTIONARY RUSSIA

abstract 0921308064 issue 92 pp. 968 – 978 31.10.2013 ru 1215
The article is devoted to consideration of separate measures of the procedural character applied in case of commission by the civil servant of a minor offense in the pre-revolutionary Russian state. Scientific literature notes that similar procedural actions in system of public service can be defined as disciplinary procedures
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 688
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
182 kb

DOCTRINAL FOUNDATIONS OF PLURALITY OF PERSONS IN CIVIL LAW

abstract 0981404086 issue 98 pp. 1190 – 1208 30.04.2014 ru 1096
The article examines the theoretical basis of the multiplicity of individual and joint ownership of civil rights and conscientious objection to civilian duties. The author explores the state of development of scientific problems of completely plurality of persons in civil law, proves the necessity to consider the multiplicity not through teaching about the object of civil rights, but through the subject of civil rights
185 kb

ECOLOGICAL CRISIS AND ITS LEGAL PROBLEMSOVERCOMING

abstract 0911307100 issue 91 pp. 1453 – 1473 30.09.2013 ru 1304
The article studies the problems of correlation of protection of environment and provision of environmental security including the problem of organizational mechanism of protection of environment in the process of ensuring environmental security
124 kb

ELECTRONIC DOCUMENT AS THE SOURCE OF PROOFS

abstract 0621008043 issue 62 pp. 495 – 505 28.10.2010 ru 2202
The author of this scientific article considers the computer-based document as a container of criminalistically significant information, which can be both orienting and evidentiary. The author also considers the opportunity of presenting computer-based documents to the court without application of paper information-carrying medium, i.e., there exists a possibility of procedural actions commitment directly with the mentioned computer-based document but not with its carrier. As an example, the author quoted an instance that executive officers listed in Article 181 of the Russian Federation Arbitration Procedure Code are entitled to demand and obtain the case from a relevant court of arbitration with the purpose of solving the problem concerning availability of grounds for lodging a protest in the exercise of supervisory powers
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