Scientific Journal of KubSAU

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

THE CONCEPT AND SYSTEM PRINCIPLES OF CIVIL LAW

abstract 0841210010 issue 84 pp. 112 – 131 28.12.2012 ru 1928
This article focuses on the topical issues of improving the current Civil Code of the Russian Federation. This article reviews the current trends in the development of the principles of civil law, among which the tendency of universalization and unification of the law, as well as the tendency of forming a wide and active use of the principles of law as a regulator of social relations. These trends form the reflection of the historical life of law, as well as due to a purposeful search for the most appropriate and effective means of regulating social relations. The author systematically examines the basic principles of the modern civil law
163 kb

THE CONCEPT AND SOURCES OF CIVIL LAW REGULATION OF ENERGY SAVING

abstract 1011407092 issue 101 pp. 1428 – 1440 30.09.2014 ru 1065
The article discusses the concept of energy efficiency as an object of civil rights. It examines the characteristic features of the object of civil legal relations. On the basis of the current sources of the civil law we have analyzed the sources of civil law regulation of energy saving
162 kb

THE CONCEPT AND METHODS OF PRIVATIZATION OF STATE AND MUNICIPAL PROPERTY

abstract 1001406046 issue 100 pp. 733 – 746 30.06.2014 ru 1126
In the article theoretic and practical problems of the privatization of the state property, introduction of amendments to the privatization legislation of the Russian Federation and regulation of processes of privatization are analyzed. Рolitical and economic reasons for privatization of big enterprises are considered, same primary problems of the process of selling the publicly owned companies and of the state financial control over the privatization are revealed
163 kb

THE CONCEPT AND FORMS OF TENDERS IN THE CIVIL LAW

abstract 1101506074 issue 110 pp. 1136 – 1152 30.06.2015 ru 1279
In modern civil turnover the definition of a bidding contract is a well known way of making contracts. Despite this fact, the modern legal science has not formed a general idea about the tender. In particular, the problem of this phenomenon is in minor investigation of the principle of the conclusion of agreement and the deal itself in the civil law. It requires further legal analysis in investigation of the legal procedures of the contract at the auction. Legal regulation of the relations in the area of conclusion of the contract on bidding is quite extensive in reality and evidenced by the reflection in the legislation of a significant number of trades. A vivid example is the legislation on the auction, conducted for the purpose of placing the state order. This legislation is comprehensive and currently is under in the process of reform in development of a new contractual system of the state order. The particular interest increase in the conclusion of the contracts by means of the electronic trading platforms. Thus, the situation in the field of legislation on the auction, its practical application and theoretical research in this field requires the further investigation of the bid process as a whole law area that illustrates the relevance of this article
192 kb

THE CONCEPT AND CHARACTERISTIC OF ORGANIZATIONAL AND LEGAL FORMS OF INNOVATIVE ORGANIZATIONS USED IN THE FIELD OF ENTREPRENEURSHIP. CHARACTERISTICS OF SMALL INNOVATIVE ENTERPRISES ESTABLISHED WITH PARTICIPATION OF KUBAN STATE AGRARIAN UNIVERSITY

abstract 0991405041 issue 99 pp. 628 – 649 30.05.2014 ru 1246
This article is devoted to the modern issues of the research of organizational and legal forms of innovative organizations. The authors consider innovative organizations as subjects of business law, where the special attention is given to small innovative organizations, created on the basis of Kuban State Agrarian University
120 kb

THE COMPARATIVE LEGAL ANALYSIS OF INSTITUTON OF COMMON PROPERTY AND COMMON POSSESSION OF INTELLECTUAL PROPERTY

abstract 0921308041 issue 92 pp. 631 – 642 31.10.2013 ru 1520
The article investigates the institution of common property and the institution of common possession of the intellectual property in the civil law of the Russian Federation. The author of the article highlights the particular features of their common possession of intellectual property based on a comparison of these institutions
147 kb

THE COMPARATIVE ASPECT OF THE MEANINIG OF LOSSES IN ANGLO-SAXON AND RUSSIAN CONVENTIONAL LAW

abstract 0480904002 issue 48 pp. 9 – 23 30.04.2009 ru 2934
As a starting point of the research the author proceeds that Great Britain and USA appear as ones of large trade partners. As a sequence there are formed such situations in action, when it’s difficult to solve questions which are bounded with calculation of measure of damages taking into consideration peculiarities of Anglo-Saxon and continental legal families
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
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 652
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
148 kb

THE APPROVAL OF THE SETTELMENT AGREEMENT BY ARBITRATION COURT, TAKING INTO ACCOUNT THE CONCLUDED MEDIATED AGREEMENT

abstract 0971403054 issue 97 pp. 784 – 795 31.03.2014 ru 1688
The author analyses the issue of the relationship between mediated agreements and settlement and their legal inter-relationship, as well as critical comments regarding the lack of imperative requirements in Federal law of the Russian Federation of 27.07.2010 N 193-F3 "On alternative procedure for settling disputes with the use of an intermediary (mediation procedure)" to the contents of the mediated settlement agreements which are subsequently endorsed by the arbitral court as settlement agreements
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