Scientific Journal of KubSAU

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

LEASING CONTRACT IN THE LEASING AGREEMENT

abstract 1041410063 issue 104 pp. 839 – 850 30.12.2014 ru 1095
The presented publication is devoted to the analysis of legal nature of the contract of financial rent (leasing). The article presents the existing approaches to the concept of a leasing agreement, also attempted to determine the place of contract in the lease agreement
133 kb

LEGAL REGULATION AND SCIENTIFIC APPROACHES TO THE CONCEPT OF “SANCTIONS”

abstract 1111507050 issue 111 pp. 861 – 872 30.09.2015 ru 1096
This article discusses the concept of "sanctions" in constitutional and international law, as it is controversial and debatable. The media and prominent politicians now often use the term "sanctions", it is connected to the Crimea to Russia, and a mixed assessment of the event foreign countries (countries of the European Union, Japan, Switzerland) and international organizations (the Council of Europe, NATO). The author explores different perspectives reveals several scientific approaches to the concept of "authorization". Theoretical aspects of the work were discussed in close connection with the practice, namely, analysis of the process of joining of Crimea to Russia from the point of view of international law and Russian legislation in this regard, the validity of the application of sanctions against the Russian Federation. We were also paying attention to types of sanctions. The article analyzes the comprehensive and targeted sanctions, their distinctive features and the need to use the "mirror" of sanctions for the Russian Federation. Particular attention is paid to the legal regulation of sanctions in international and Russian law. It is noted that in the Russian Federation, legislative regulation of the sanctions received only in the economic sphere. The author highlights some trends in the development of existing legislation in the field of sanctions
328 kb

CHANGING OF THE CONSTITUTIONAL SYSTEM OF THE RUSSIAN EMPIRE IN CONNECTION WITH ABDICATION OF NICOLAS II

abstract 1121508023 issue 112 pp. 305 – 315 30.10.2015 ru 1096
This article is devoted to the analysis of the historical event which was signing the Manifesto of 15 March, 1917 about abdication by the Nicolas II. We have considered the place, the role and the importance of the Russian emperor abdication in the decline of the Russian state system and the influence on declining of morality of Russian society in connection with the ensuing historical events. Using of the foundations of the constitutional system allocated by modern science of constitutional law, the authors conducted a comparative analysis of changes in the constitutional system of the Russian Empire, related to abdication of Nicolas II. The authors deliberately equated the concept of «the constitutional system» and «the state system» for evidence of existing state. As a result of the analysis, the authors concluded that the Russian Empire was characterized by signs of the state system, rather than the constitutional system in its modern sense. The signs allocated by authors are important for application of experience of the events occurring in the state during the reign of Nicolas II for their use and practical implementation at the present stage of development of the state. The authors do not agree with the point of view prevailing in historical science, defining Nicolas II as emperor, who preserved the remains of statehood in a difficult time for the Russian Empire and saved society from destruction. On the contrary, the authors consider that inconsistent destructive actions of Nicolas II caused the collapse of Russian Empire
155 kb

PRIORITIES OF THE CONCEPT OF ENVIRONMENTAL SECURITY

abstract 1091505061 issue 109 pp. 901 – 912 29.05.2015 ru 1100
The article examines the approaches to the legal definition of "priority" in the concept of environmental security, as well as the kinds of priorities the concept of ecological security. The given provisions give us the chance to formulate the concept of "priority of the concept of ecological safety" as a prime activity (situation) of subjects of an administrative legal regime of ecological safety on ensuring normal functioning of ecological system of the country, i.e. all objects of live and inanimate nature, the developed ecological state and the happening changes of an ecological state. We have highlighted the problem of the legal regulation of the concept of environmental security. The extensive studied system of political and legal program acts allows considering all the variety of approaches to the problem of priorities of the Russian concept of ensuring ecological safety. The system of priorities of the concept of ensuring ecological safety given in article most fully reflects prime activities of subjects of an administrative legal regime of ensuring ecological safety
182 kb

DOCTRINAL FOUNDATIONS OF PLURALITY OF PERSONS IN CIVIL LAW

abstract 0981404086 issue 98 pp. 1190 – 1208 30.04.2014 ru 1106
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
137 kb

CONTENTS OF THE MAIN ELEMENTS OF THE CRIMINALISTIC CHARACTERISTIC OF FRAUD

abstract 1141510005 issue 114 pp. 66 – 75 30.12.2015 ru 1106
The article “Contents of the main elements of the criminalistic characteristic of fraud” written by the group of authors is of great importance today as the new points of the Federal Act №207 of the Criminal Code of Russia which provide for the criminal proceedings for fraud in lending; while getting payments; while using bank cards; in business sphere; in the sphere of insurance, introduced on November 29, 2012, still need to be developed and lack the methods of the investigation of such crimes. Consequently, the methods of preparation, committing and concealing of a crime, track formation mechanism are not determined and analyzed upon the materials of the forensic and investigative activities. The authors of the article have attempted to study the cases of the mentioned crime types and determine the ways of preparation, committing and concealing of a crime and track formation mechanism of the above-mentioned types of crime
155 kb

MEASURES TO COUNTER THE LEGALIZATION (LAUNDERING) OF INCOME FROM CRIME

abstract 1091505051 issue 109 pp. 758 – 769 29.05.2015 ru 1107
Illegal actions of economic orientation pose a serious threat to the economic security of the state, as are latent crimes. This article discusses the complex and urgent problem associated with increased measures for combating money laundering or other property acquired by criminal means. From a legal point of view, legalization is making ownership, use and disposal of such funds or other assets by financial transactions or other transactions. From the perspective of the real economy legalization is associated with the receipt of previously unrecorded funds in the legal economy. As the results of the study of the practice of criminal responsibility under Art. 174 of the Criminal Code, the main sources of illegal proceeds are theft, illegal use of natural resources, tax evasion and customs duties, illegal sale of illicit trafficking of goods, criminal acts of corruption, and others. From this we can conclude that the main direction of strengthening control over the legalization of proceeds from crime is to prevent the emergence of centers of capital legalization. To this end, the article analyzes the changes of international and domestic legislation in the field of anti-money laundering. We have added specific measures to stop this type of criminal acts aimed at strengthening the control of the authorized state bodies, including in relation to natural and legal persons participating in the capital of foreign entities
373 kb

ABUSE OF RIGHT: CONCEPT, SIGNS, GENERAL CHARACTERISTICS

abstract 1121508141 issue 112 pp. 1967 – 1987 30.10.2015 ru 1109
The article is devoted to one of the most disputable categories of jurisprudence – abuse of rights. Modern civil legislation contains many of the assessment law. Interpretation and specification of evaluative concepts is a challenging intellectual process. Abuse of right is a consequence of the process of interpretation of appraisal standards. The law does not allow the exercise of civil rights with the intent to harm another person, as well as abuse of rights in any form, including in the form of circumvention of the law. The author regards as the already known issues with the application of the principle of the inadmissibility of abuse of the right, so new in connection with the amendments to the Civil code of the Russian Federation. In particular the principle of good faith is investigated as a fundamental principle for civil rights. The article is devoted to the question on the essence and the legal nature of circumvention of the law, as well as the notion of circumvention of the law with unlawful purpose as a form of abuse of right. On the basis of the study presents the author's notion of circumvention of the right. The authors have made a conclusion that the correct interpretation of the categories of "subjective property law and protected by law interest" is the key to understanding the notion of abuse of right. The conscientiousness of participants of civil relations, as well as the intelligence is the proper limits of lawful behavior of the subject civil relationship, the breach of which allows detecting the signs of abuse of subjective civil law
366 kb

ABOUT REGULARITIES OF COOPERATION BETWEEN PRIVATE LEGAL AND PUBLIC LEGAL ORIGINS OF DISPOSITIVITY IN COURT JURISDICTIONAL PROCESS

abstract 1121508056 issue 112 pp. 749 – 760 30.10.2015 ru 1111
Level analysis of law enforcement cooperation between private legal and public legal origins was conducted in the aspect of dual nature of dispositivity in court jurisdictional process. On the basis of legislation’s investigation it is found that the apprehension of dispositivity on doctrinal level as the principle of judicial process, restricted by private legal aspect, doesn’t correspond to its legal dual-nature. It is showed that cohesive perception of dispositivity in court jurisdictional process is possible under the condition of its binary perception based on investigation of its private legal and public legal origins, providing their harmonic unanimity in the framework of dualistic approach. It the article it has been stated that even under the conditions of court process’ parties’ interests’ contradiction their warrants may be realized only under their cooperation with each other, which needs court’s contribution in the providing of their rights’ realization on equal terms. It is educed by researches that the cooperation of private legal and public legal origins of dispositivity is conducted on two (horizontal and vertical) levels of their law enforcement connections. Herewith the coordination of court process’ parties between each other occurs on horizontal level of cooperation, while the subordination of parties’ collaboration with the court occurs on the vertical level. The analysis of procedural legislation has educed general regularities of private legal and public legal origins of dispositivity in court jurisdictional process for different types of judicial proceedings. These regularities are: the realization of private legal origin, represented by the parties, with the relevancy stipulates the demand for public legal origin of dispositivity, represented by the court; the realization of public legal origin of dispositivity, represented by the court, with the relevancy stipulates the demand for private legal origin of dispositivity, represented by the parties of judicial process
168 kb

LEGAL REGULATION OF DEVELOPMENT

abstract 1001406034 issue 100 pp. 590 – 606 30.06.2014 ru 1114
This article is explored the legal and organizational bases of development activity. The article considers the system of legislation regulating construction and development activities
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