Scientific Journal of KubSAU

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

THE NEW ECONOMIC POLICY (NEP) AND THE REGULATION OF PROPERTY RIGHTS OF THE LANDS IN THE USSR DURING THE PERIOD OF ITS IMPLEMENTATION

abstract 0941310023 issue 94 pp. 311 – 323 27.12.2013 ru 1113
This article highlights the Bolsheviks's attempts to streamline land relations in the countryside and to direct the peasantry in channel of the collective land using during the period of the NEP. The author shows that these initiatives have not been successful, whereby the land problems have not been solved. Land in the village was still shared, rented, and actually bough
134 kb

CIVIL LIABILITY OF PERSONS WHICH CONTROL THE DEBTOR

abstract 0981404106 issue 98 pp. 1486 – 1498 30.04.2014 ru 1114
This article investigates the problem of bringing a person who controls the debtor in insolvency proceedings (bankruptcy) to responsibility. The author analyzes the nature, conceptual framework and procedural features of imposing liability on a person who controls the debtor, offers direction of this institution
121 kb

ABOUT FORMS OF REALIZATION OF THE FUNCTIONS OF THE STATE

abstract 1131509005 issue 113 pp. 70 – 79 30.11.2015 ru 1114
The article is devoted to consideration of questions of functions of the state and forms of their realization, which are of very great importance in the theory of the state and practice of its functioning. It can be explained with the next moments, first, to that in functions are shown essence of the state, its social appointment. The state representing the phenomenon of social life, it is characterized by extraordinary variety of directly observable and perceived manifestations. It is defined as a variety of the tasks solved by the state in various areas of life of society, and a variety of bodies, forms, methods and means of implementation of the state activity. In this regard studying of functions serves as the prerequisite of knowledge of the main thing and defining in the state. Secondly, functions of the state define its structure, i.e. ways, regularities of the organization of elements of the state as difficult system. Research of functions of the state and forms of their realization helps to estimate its opportunities, promotes deeper understanding of the mechanism of its interaction with other structures of society in the solution of the most important political, economic, social, ecological, cultural and other tasks. The correct establishment of functions of the state and definition of forms of realization of these functions promotes stabilization of the public relations and development of society in various spheres
162 kb

THE CONCEPT AND METHODS OF PRIVATIZATION OF STATE AND MUNICIPAL PROPERTY

abstract 1001406046 issue 100 pp. 733 – 746 30.06.2014 ru 1128
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
282 kb

ADMINISTRATIVE LEGAL REGIME OF ECOLOGICAL SAFETY: CONCEPT AND CONTENTS

abstract 1011407100 issue 101 pp. 1545 – 1574 30.09.2014 ru 1131
In the article we analyze the theoretical model of an administrative legal regime of ensuring ecological safety, as well as the elements of its contents reveal, the directions of improvement of an administrative legal mechanism of ensuring ecological safety of society and the state are offered
142 kb

LEGAL SUPPORT FOR PUBLIC CONTROL: PROBLEMS AND PROSPECTS

abstract 1101506093 issue 110 pp. 1397 – 1409 30.06.2015 ru 1136
In the article we reveal the basic problems of forming the legal basis of public control over the activities of public authorities. The relevance of this topic has been steadily increasing due to the increasing influence of civil society on the decisions made by public authorities. The authors analyze the provisions of the Federal Law "On the basis of public control in the Russian Federation", the regional laws, to fix the foundations of social control in some subjects of the federation, as well as other legal acts in this area. Special attention is paid to the formulation of the concept of social control and the conclusion of the need legislative consolidation of the concept of "individual public authority 'and a common list of agencies and organizations that operate them. Analyzing the law enshrined in the range of subjects of public control, the authors substantiate the feasibility of incorporating the Advisory Board at the government and public experts. On the basis of the provisions of the law, in this work we have determined the legal status of the subjects of social control, their powers and procedures of the in collaboration with the authorities, as well as the legal framework for the implementation of certain forms of social control. It is proposed to expand the interaction of subjects of public control with prosecutors by holding regular meetings to expand the powers of public monitoring commissions for visiting places of detention
122 kb

PROBLEMS OF NOTIFYING THE OFFENDER ABOUT THE PLACE AND THE TIME OF DRAWING UP A PROTOCOL ON ADMINISTRATIVE VIOLATION

abstract 1341710009 issue 134 pp. 115 – 124 29.12.2017 ru 1137
This article is devoted to the study of problematic issues related to notification of the person brought to administrative responsibility, the place and the time of the drawing up of a protocol. Lack of proper regulatory legal regulation of the order of call of this participant in the process gives rise to ambiguous law enforcement practice. Non-recognition of the notice as appropriate leads to a decision to terminate the proceedings in the case of an administrative offense and, as a consequence, to the removal of the offender from punishment. The article analyzes various ways to notify people, the authors emphasize the merits and demerits of these methods. The conclusion of the article suggests ways of improving the legislation regulating the procedure for notifying persons about the need for presence to draw up a protocol
164 kb

ABUSE OF RIGHT IN THE CASE OF PROPRIETARY RIGHTS

abstract 1061502029 issue 106 pp. 468 – 483 28.02.2015 ru 1142
The article is devoted to one of the most disputable categories of jurisprudence – to abuse by the right. The law does not allow the exercise of property 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 considers the already known issues with the application of the principle of the inadmissibility of abuse of the right, as well as the new ones in connection with the amendments to the Civil code of the Russian Federation. In particular, we investigate the principle of good faith 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 in the property-legal relations, 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 the article presents the author's notion of circumvention of the proprietary right. The author 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 term of abuse of right in the exercise and protection of property rights. The conscientiousness of participants of civil relations, as well as the intelligence is the proper limits of lawful behavior of the subject property relationship, the breaking of which allows detecting the signs of abuse of subjective civil law
135 kb

TACTICS OF CONFRONTATION

abstract 1141510049 issue 114 pp. 662 – 674 30.12.2015 ru 1143
As a part of the investigation carried out in the course of the investigation of crimes, a confrontation is very important. This article reveals the essence of the scientific production of the confrontation, the object and purpose of which is to establish the truth in the case. The investigator, in accordance with the Article 192 of the Code of Criminal Procedure of the Russian Federation has the right to decide on proceeding a confrontation, in cases when previously there were significant differences. In conducting confrontation, there are confirmed correct versions and the versions denied by others, it turns out the real facts of the case and eliminates significant contradictions in the testimony of previously interrogated persons. By making the decision to produce a confrontation, the investigator must be confident in the ability of the participant, who gave truthful testimony, to withstand the psychological pressure. This party should be prepared to create his "immunity" against future attempts to influence the other party to persuade to change readings, etc. Before the production of a confrontation, the investigator must draw up a plan in which the questions are formulated. Then prioritize questioning of participants of confrontation and identify tactics that can be applied in the course of its production. The investigator prepares a space for the production of confrontation, and audio, photo and video equipment. Different violations, errors during the confrontation, have the ultimate impact on the overall result of the preliminary investigation of a specific criminal case. In this regard, clarification of the nature of the confrontation has not only theoretical but also practical importance
129 kb

CRIMINAL LEGAL ASSESSMENT MULTIPLE OFFENSES IN THE INTERPRETATION OF THE PLENARY SUPREME COURT OF THE RUSSIAN FEDERATION

abstract 1041410149 issue 104 pp. 2144 – 2152 30.12.2014 ru 1149
The article provides an overview of the resolutions of the Plenum of the Supreme Court of the Russian Federation, reflecting different approach to qualification of multiple offenses
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