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No. 39, May 2020  

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№ 39, май 2020

Table of Contests                   
                       

 

  Panova Elena

Igorevna, 

Alekhin Vitaliy

Petrovich 

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Criminal-legal problems of theft qualification

   
     Abstract        
  The article deals with the problems of qualifying a crime under article 158 of the Criminal code of the Russian Federation, namely: the problems of determining the subject of theft, distinguishing theft and petty theft, theft with illegal entry into residential premises, theft from Bank accounts or in relation to electronic money. The problems of qualification of theft as a secret theft of someone else’s property are not only theoretical, but also practical, since the correct qualification of the crime depends on the fair sentencing of the guilty. These problems arise due to the fact that practitioners do not correctly apply the theoretical foundations and explanations of the Supreme Court of the Russian Federation. The ways of solving these problems of criminal and legal qualification of theft, by improving the level of qualification of law enforcement agencies and the judiciary, are proposed.
 

 

Key Words: crime, theft, crime qualification, law enforcement agencies, problems of qualification, crimes against property, economic crimes, secret theft of other people’s property, law enforcement practice.

 

        Abstract           

 

Alekhin Vitaliy

Petrovich, 

Petrov Alexander

Dmitrievich

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Petrov Alexander Dmitrievich

 

The presented scientific work touches upon the current topic of the onset of criminal liability for such a criminal offense as abuse of power, as well as its characteristic aspects. This article describes the most characteristic features of the onset of criminal liability, as well as the appointment of an appropriate sanction that meets the signs of justice, legality and proportionality. In the framework of this study, the author pays special attention to such a structural element of the offense as the subject, as well as the subjective side of the offense provided art. 285 of the Criminal Code, with its inherent specific features used by law enforcement officials in the process of qualifying a criminal offense. In addition, the article considers the problem of the ratio of abuse of power with other elements of the crime, provided for in chapter 30 of the Criminal Code of the Russian Federation. And also the author draws his attention to possible types of qualification of criminal acts of the accused person   

 

 

Key words: criminal liability, abuse of power, civil servant, sanction, public safety

 

 

 

 

 

Victoria Babachenko

Alekseevna,

Pshidatok Saida

Kazbekovna 

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Dynamics of changes in the land fund of the Republic of Adygea by ownership forms

         Abstract    
  Land is the main resource on which the economic component of the country depends. The land Fund of both the Russian Federation and its subjects is important – it is the main spatial and territorial basis and object of management. It can be subdivided into land categories, ownership forms, and lands. Forms of ownership form the basis and Foundation of the system of social relations, have historical development, and, accordingly, have an impact on the economic component of the country or region. The article analyzes the distribution of the land Fund of the Republic of Adygea by ownership forms based on data taken from the State (national) report on the state and use of land in the Russian Federation for the period from 2005 to 2018. The dynamics of changes in land areas by ownership forms has been studied. The reasons that led to such changes were determined.
 

 

Key words: : land, land Fund, form of ownership, dynamics.

 

        Abstract           

  

 

Bagadenko Mariya

Olegovna

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License requirements for the management of apartment buildings

This article analyzes the issue of licensing requirements for managing apartment buildings. The problem of the lack of consolidation at the legislative level of the concept of “managing organizations. It is noted that the managing organization is the subject of entrepreneurial activity carried out on the basis of a license for the management of an apartment building, which was chosen by the owners of the premises in the apartment building at a general meeting in order to conclude an agreement for the management of an apartment building. It is proposed to amend Art. 193 of the Housing Code of the Russian Federation, namely, to expand the list of licensing requirements. The introduction of the concept of “managing organization” in the Housing Code of the Russian Federation and the expansion of the list of licensing requirements 193 of the Housing Code of the Russian Federation, will help optimize the process of obtaining and issuing licenses in practice, as well as reduce administrative and legal costs   

 

 

Key words: activity licensing, management organizations, apartment buildings, housing legislation.

 

 

 

 

  

Gavrikov Sergey

Dmitrievich,

Stelmakh Maxim

Dmitrievich

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Problems of recognition of land ownership

   
     Abstract        
  This article examined only some of the problems of recognizing land ownership. During the writing of the scientific work, an analysis was made of various legal acts regulating the relevant relations under consideration. Collisions of norms of modern civil law are considered. For a more detailed consideration of all aspects and a detailed disclosure of the topic of our article, we decided to dwell only on problems that are associated with individual problems of recognition of property for certain types of legal relations such as acquisitive prescription. A legal classification is given that characterizes the norms of civil legislation of Russia at the present stage of legislation in the field of land use. Private legislative initiatives have been introduced, which, in our opinion, can significantly improve the legislative framework and simplify the life of law enforcement.
 

 

Key Words: land, recognition problems, property right, current gaps in legislation, conflict of norms.

 

        Abstract           

 

Gerja Danil

Alekseevich, 

Medvedev Sergey 

Sergeevich

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Actual issues of exceeding the limits of necessary defense

 

Crime is always contrary to the security interests of the individual. Personal security is ensured by the provisions of the criminal law. The institution of necessary defense is of great importance in the process of implementing criminal liability. Its application ensures the implementation of the principles of justice and proportionality of the assigned criminal punishment. To date, the application of the legal construction of necessary defense is associated with valuation concepts, which are often the causes of legal conflicts and difficulties in the process of law enforcement. The relevance of this topic is due to the fact that the right to protect one’s rights and interests is an inalienable and inalienable right arising from the right to inviolability of an individual. The right to self-defense is directly related to a person’s rights and freedoms. In this regard, the institution of necessary defense belongs not only to criminal law, but is also included in the provisions of the Constitution of the Russian Federation.   

 

 

Key words: necessary defense, criminal assault, protection of interests, exemption from criminal liability, permissible harm.

 

 

 

 

 

Gnativ Lev

Dmitrievich, 

Kononeko Kirill

Sergeyevich 

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On the need for legislative regulation of ”neighborly law”

         Abstract    
  This article examines the effect of civil law in the field of relations between owners of land, residential buildings and premises adjacent to each other, as well as their users. In 2012, a bill was introduced in the State Duma providing for amendments to the Civil Code. These changes should apply specifically to those subjects of civil relations whose rights and obligations may be changed and terminated due to significant violations by owners of neighboring real estate
 

 

Key words: neighboring law, law, neighbors, legislative changes.

 

        Abstract           

 

Gololobov Yaroslav

Vladimirovich,

Koftun Nikolay

Pavlovich

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On the issue of interaction between state authorities and local self-government
The article analyzes the content of the concepts of "government bodies "government bodies "local governments". The main features of the interaction between government bodies and local governments are highlighted. The experience of such foreign countries as the USA and Germany in the implementation of such interaction is given. According to the results of the study, the main features of the interaction between state authorities and local self-government in the Russian Federation are highlighted. It is noted that the interaction of state authorities and local self-government is carried out not only at the formal level, following from the content of the rules of law, but also with the situational regulation of emerging legal relations that have not yet found regulatory fixation in the rule of law   

 

 

Key words: public authority, government agency, local government body, interaction.

 

 

 

 

Gololobov Yaroslav

Vladimirovich,

Koftun Nikolay

Pavlovich

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Constitutional and legal status of the Federal Assembly of the Russian Federation
           Abstract  
  This article analyzes the legal status of the Federal Assembly of the Russian Federation as the highest representative and legislative body of the Russian Federation. The necessity of developing and adopting at the legislative level the federal constitutional law “On the Federal Assembly of the Russian Federation”, the content of which should reflect the legal status of structural units of the Federal Assembly of the Russian Federation, is noted. According to the author, the initiative proposed in the draft Law “On the amendment of the Constitution of the Russian Federation” to the amendment of part 2 of article 95 of the Constitution of the Russian Federation regarding the provisions of paragraph “a” is incorrect. In Art. 95 of the Constitution of the Russian Federation, a reference norm should be established for the federal constitutional law, which will allow regulating the legal status of the Council of the Russian Federation of the Russian Federation depending on socio-economic and political factors and will strengthen the foundations of the constitutional system of the Russian Federation.
 

 

Key words:Federal Assembly of the Russian Federation, Council of the Federation of the Russian Federation, State Duma of the Russian Federation, supreme legislative (representative) body of the Russian Federation.

 

        Abstract           

 

Dobrodomov Nikita

Yurevich,

Zhukov Victor

Dmitrievich

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The need for carrying out integrated cadastral works in municipal education in Anapa

The relevance of this topic is due to the importance of conducting comprehensive cadastral works and coordinating their results, the purpose of which is to streamline information on the state of cadastral registration in certain regions of the Russian Federation.Integrated cadastral works represent the correction of technical and cadastral errors of the past decades.The objectives of the state real estate cadastre are: creating conditions for ensuring state guarantees of property rights and other property rights to real estate; improving the system of taxation of real estate; providing information support to subjects of land and property relations and increasing the efficiency of state and municipal management through the use of legally relevant, relevant information about real estate objects as objects of cadastral registration, their legal status and modes of use   

 

 

Key words: cadastre, integrated work, accounting, object, owner, state, real estate, construction and construction works

 

 

 

 

Druzhinina Dana

Igorevna, 

Kartavchenko Victoria

Vladimirovna

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Hooliganism and vandalism in modern criminal law
           Absract  
  Currently, in view of the progressive development of human society in many countries there is a tendency to toughen punishment for crimes that violate human rights, property and security. Hooliganism and vandalism are types of crimes that may affect all of the three rights we listed. Therefore, there is a need to control so that no individual is subjected to restriction of his legal rights and interests by damage of property, gross insult to the person, as well as violation of public order and moral principles. This article analyzes such crimes as hooliganism and vandalism. It also contains a research about the types of hooliganism and vandalism. Proper identification of circumstances of the case allows you to properly distinguish these and similar crimes apart and also to qualify the act. The most frequent subject of these acts is the young generation, which requires timely educational impact, as well as social and enforcement responses that will help to stop vandalism and hooliganism in the early stages of their commission by young people. Among adult criminals it is necessary to improve the legal culture, as well as to ensure the accessibility of secondary and higher education.
 

 

Key words: hooliganism, vandalism, corpus delicti, crime, qualification of a crime, disrespect for society, desecration of buildings.

 

        Abstract           

 

Ivanova Victoria

Alexandrovna,

Sennikova Alina

Evgenievna

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Index analysis of the implementation of crops in Krylovskoye LLC

Analysis of the implementation of crops of Krylovskoye LLC. The article presents a two-factor model. In the course of research, the degree of change in volume and price was revealed. Thus Krylovskoye LLC, in order to increase revenue, needs to focus more on increasing sales of products than increasing prices, since it is the quantity of grain sold that plays a paramount role in increasing the company’s revenue. Such an approach will allow Krylovskoye LLC to increase the amount of cash that can be used to cover costs, grow and sell crops, as well as expand its activities, improve the use of machinery, and use better fertilizers and seeds.   

 

 

Key words: agriculture, index method, revenue, grain crop, statistical-economic model.

 

 

 

 

Ogannisjan Aram

Colakovich, 

Kazarjan Jeduard

Sergeevich

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Some issues to be addressed the basic problems of industrialization in the agriculture of the Republic of Armenia
           Abstract  
  The article discusses the problems of industrialization in the field of agriculture of the Republic of Armenia and some approaches to their solution using international best practices. It is noted that in view of objective and subjective factors, in agriculture the level of industrialization is low. In particular, the level of mechanization of agricultural production processes is low, as a result of which the proportion of manual labor is high. At an extremely slow pace, such modern (relevant) technologies are being introduced that are prerequisites for increasing agricultural productivity and agricultural industrialization. Industrialization of agriculture, due to the characteristics of agriculture and industrialization itself, is a complex, comprehensive and relatively large investment requiring process. And business entities in agriculture do not have the necessary knowledge and ability to organize this process. Here, first of all, a focused state policy and consulting is needed. The international experience in the industrialization of agriculture is considered in the context of the application of innovations in agriculture, methods aimed at increasing the level of labor productivity, intensification, and application of the possibilities of “smart” agriculture.
 

 

Key Words: industrialization, agriculture, technology, labor productivity, irrigation systems, subsidies, state support.

        Abstract           

   

 Karmanova Anna

Valentinovna,

Karmanova Nadezhda

Dmitrievna,

Sennikova Alina

Evgenievna  

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Correlation and regression analysis of the cost of production of winter wheat

Currently, modern economic science has changed course from economic growth to the concept of sustainable development. Agricultural producers are facing new tasks and problems that require ensuring food security in Russia, which is reflected in state programs for the development of agriculture for the coming decades. Recently, in Russia, mathematical models are increasingly being used to assess the economic efficiency of using various resources involved in the production process. In the proposed work, the influence of one of the factors, already selected according to the degree of its significance, on the effective sign is studied. Using analysis methods, an assessment is made of the current state of winter wheat grain production using the example of indicators of 30 agricultural enterprises in the central agro-economic zone of the Krasnodar Territory. To do this, we used the method of correlation and regression analysis, which allows us to evaluate the relationship between processes and phenomena. The study was carried out using a linear function, which makes it possible to more clearly interpret the results.   

 

 

Key words: economy, correlation and regression analysis, productivity, grain cost price, winter wheat

 

 

 

 

  

Kondratenko Yuliya

Nikolayevna

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International Trade Fair Activity of Enterprises in Digital Economy

         Abstract    
  Taking part in international exhibitions is one of the main ways for B2B enterprises to find new partners, present their products, and expand export activity. Earlier, enterprises had to possess a combination of sales competence and intercultural competence for effective participation in international trade fairs. But now the efficiency of an international exhibition depends on the ability of both organizers and exhibitors to use modern digital technologies. The purpose of the article is to evaluate the results of using digital innovations in addition to live communication in relation to the previous experience of classic exhibition communication. The article analyzes the exhibition experience of one of the leading industrial enterprises of Sverdlovsk Oblast, Yalamov Ural Optical and Mechanical Plant, from 2007 to 2019 and provides a comparison of international exhibition activity of the plant before and after digitalization.
 

 

Key Words: trade fair, international exhibition, digital economy, intercultural communication.

 

        Abstract           

 

Levchenko Nikolay

Anatolievich

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Judicial control: controversial issues the application of 125 Code of Criminal Procedure in practice

 

Today, the establishment of the subject and limits of judicial control is gaining practical importance. The application of Article 125 of the Code of Criminal Procedure of the Russian Federation, which regulates the judicial procedure for examining complaints against decisions, actions, and inaction of investigators and interrogators, continues to cause problems in the practice of the courts of the Russian Federation, complaints from citizens about violation of the rights of participants in criminal proceedings by this norm, which requires identification relevant issues of the judicial procedure for handling complaints and determining solutions. It is noted that the resolution of the issue of the complaint should be carried out in accordance with the formal conditions for the dismissal of the case, as well as on the basis of ensuring fairness and effectiveness of justice   

 

 

Key words: court, legality, preliminary investigation, complaint, rights, judicial control.

 

 

 

 

 

 Lyubaykina Mariya

Vladimirovna

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Realization of intellectual property rights in the aspect of the penitentiary system of the Russian Federation

   
     Abstract        
  The article highlights and analyzes the organizational and legal issues, the implementation of intellectual property rights in the aspect of the penitentiary system of the Russian Federation. The scientific novelty of the existing work is determined by the factor of little research, which is determined in particular by the existence of general ideas about the most common intellectual relations that arise on the territory of various types of correctional institutions, as well as the lack of a conceptual apparatus for the implementation of legal requirements regarding the exclusive rights of persons serving sentences. The actual problematic situation of persons sentenced to imprisonment in terms of legal regulation, the results of intellectual activity created by them in an appropriate environment, is considered. The content of the work includes the conclusions and a number of proposed initiatives to eradicate the problem, aimed in the aggregate at the effectiveness of the implementation of intellectual property rights in the aspect of the domestic penitentiary system
 

 

Key Words: intellectual property, exclusive right, copyright, convicts, correctional institutions, the penitentiary system, corrective measures.

 

        Abstract           

 

 

Mankaeva Svetlana

Zakharovna,

Zhukov Victor

Dmitrievich

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Dynamics of change of lands of the Krasnodar territory by category of lands

 

Land resources are the main source of effective development of the territory of the Krasnodar Territory. The availability of quality soil resources contributes to the economic development of the region. The composition and structure of the land fund, the division of land by ownership, identifying trends in soil types and determining their quality affect the current state of land use. The total land area of the Russian Federation is 1709.8 million hectares. The country’s agricultural land covers an area of about 210 million hectares, of which about 125 million hectares are allotted for arable land. Krasnodar Territory is a constituent entity of the Russian Federation, which is part of the Southern Federal District. The article presents an analysis of land changes in the Kuban by land categories from 2006 to 2018. The main reasons for the transfer of land from one category to another are also indicated   

 

 

Key words:  land category, land, settlements, industry, transport, water bodies, forests, reserve lands, accounting, dynamics, agricultural.

 

 

 

 

 

Maslak Ilya

Nikolaevich

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About the purposes of application of criminal punishment against minors

         Abstract    
  This article discusses issues related to the problem of determining the purpose of criminal punishment of minors in modern Russian criminal law. Analysis of existing features allows us to trace further research prospects of this problem. The article pays some attention to the features of the application of punishment to minors, including the specification of the purposes of punishment applicable to persons who have committed a crime under the age of 18 years. There is also a study of the opinions of various scholars who have devoted their works to this topic.The author draws attention to the fact that the introduction of coercive educational measures against minors can bring great benefit to the criminal punishment of minors. In Russia, there has been an increase in recorded crimes committed by persons under the age of eighteen
 

 

Key words: punishment, goals of punishment, minors, criminal law, social justice, education, measure of influence.

 

        Abstract           

 

 

Maslak Ilya

Nikolaevich

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Pension provision of state civil servants 

The article discusses some issues of the pension provision of civil servants, as well as the problems associated with it. The author explores legal and social issues related to the regulation of pensions for public servants. Based on the analysis of the current legislation in this area. The author draws attention to the provision of guarantees to state civil servants, which are determined by the specifics of their service, as well as to the presence of two levels in the legal regulation of the service, which, according to the author, is a manifestation of differentiation and leads to differences in pension provision. According to the author, it is necessary to regulate in more detail the financing of the pension provision of state civil servants, the basis for which should be such criteria as length of service and salary (cash maintenance).   

 

 

Key words: pension system, pension, length of service, public servant, public service, insurance pension, pension provision.

 

 

 

 

 

 

Nuridinov Kirill

Yevgenyevich

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Revenge and the role of non-state pension funds in the Russian pension system

 

   
     Abstract        
  This article discusses and analyzes aspects of establishing the legal status of nonstate pension funds in the legal system of the Russian Federation, as well as determining their place and role in the socio-economic sphere of the country. These funds are the fundamental subject of their activities denote non-state pension provision for participants of such non-profit organizations. Through the implementation of the functions assigned to non-state pension funds, fundamental tasks and goals for the development of the pension policy of the Russian state are achieved. The article highlights the advantages of this pension institution, in connection with which many authors, whose opinions are given below, criticize the organizational activities of these organizations. Modernization and improvement of private pension funds gives impetus to the development and economic and financial arena of the country, as all of civil society are complementary and interrelated, which suggests the importance of active and close cooperation of all state and non-state apparatus.
 

 

Key Words: non-state pension funds, pension system, pension provision.

 

        Abstract           

 

Otyasova Julia

Vyacheslavna,

Melnichenko Olga

Alexandrovna

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Comparative legal analysis of title security of obligations and pledge in Russian law

 

The Title security is an alternative method of real security whereas the lender guarantees the performance of the borrower’s repayment obligation by means of ownership. A pledge is a similar mechanism under Russian law, but instead of the right of ownership, the creditor acquires a special limited real right. The nowadays lending system in the Russian Federation does not perform all of the needs of the civil turnover that is why the main goal of this study was to conduct a comprehensive comparative analysis of the institution of title security and pledge in Russian law, as well as to identify the need for legislative regulation of the institution of title security which could be a solution to this problem. The methodological basis consists of fundamental research methods, such as the method of comparisons, system analysis, synthesis generalization, deduction and induction. Private scientific methods were also used, in particular comparative legal, formal legal methods, etc. As a result of the research the strengths and weaknesses of each institution were identified and the possibility of implementing the Title security into the Russian Civil Law was proven. Due to the fact that in spite of the Title security is different to the pledge in the way of risk allocation, the Civil law allows the establishment of different constructions in terms of risks.   

 

 

Key words: the title security of obligations, security transfer of title, retention of title, methods of securing the obligations, pledge.

 

 

 

 

 

Ryzhkova Ekaterina

Sergeevna

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Features of the criminal legal qualification of complicity in crimes of a terrorist nature

         Abstract    
  In the framework of the work we have presented, we have examined the current topic of considering the features of qualification of complicity in crimes of a terrorist nature. In this scientific work, special attention is paid to such a criminal legal institution as complicity in the commission of a crime, as well as the definition of the concept of a terrorist act and its main features. The author also analyzes the meaning of qualified features that directly affect the degree of criminal punishment for the commission of any crime.All possible qualification features are listed and the commission of a terrorist act as part of an organized group or a group by preliminary conspiracy is analyzed in more detail. In this article, the author comes to certain conclusions and touches on some legal gaps present in this topic. However, along with this, the article presents copyright proposals to overcome these problems.
 

 

Key words: act of terrorism, complicity, qualification attribute, sanction, crime.

 

        Abstract           

   

Svetacheva Ekaterina

Evgenievna

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Features of the development of the institution of criminal prosecution in the Soviet period

The article studies the features of the development of the institution of criminal prosecution in the practice and science of the criminal process of the Soviet period. The author has studied in detail the features of the development of the institution of criminal prosecution in the period after the February and October socialist revolutions of the nineteen seventeen, as well as during the initial development of the Soviet state and law in the nineteen twenties. The article reflects the main features and stages of the historical development of the institution of criminal prosecution at the subsequent stages of the existence of the Soviet state and law in the period from the formation of the Soviet state until its collapse. Particular attention is paid to the development of the institution of criminal prosecution in connection with the adoption of the criminal procedure code at each stage of development of Soviet law.   

 

 

Key words: criminal prosecution, criminal justice, code of criminal procedure.

 

 

 

 

  

Tonkonog Evgeny

Evgenyevich,

Shishchenko Elena

Andreevna

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To the question of the concept and signs of negligence as a form of guilt

   
     Abstract        
  The issue of combating crime has a leading role in the Russian Federation, along with strengthening the security of the State as a whole. At the present stage, measures are being developed in the field of criminal law policy to improve the conditions for the unimpeded development of the individual as well as to improve the quality of life. As a rule, State policy takes into account the solution of outstanding problems. Today, the improvement of criminal legislation and the creation of a holistic system of criminal-legal norms and institutions deserve special relevance. Ensuring human, transport, environmental and other forms of security is a pressing problem of criminallegal regulation. Scientific and technological progress has made it necessary to update the legislative definition of negligence, the perspective of taking into account the content of guilt in the systematization of rules on careless crimes. At present, the problems of classification of crimes committed by negligence are receiving increasing attention. This article is devoted to certain issues of qualification of careless crimes, as well as definition of concept, signs and types of negligence as a form of guilt.
 

 

Key Words criminal law, corpus delicti, form of guilt, negligence.

 

        Abstract           

 

Shcherbakov Alexandr

Valer’evich

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Persons entitled to challenge the debtor ’s transactions in insolvency (bankruptcy) proceedings of legal entities

The article deals with the question of determining the number of persons authorized to challenge the debtor ’s transactions in insolvency (bankruptcy) proceedings of legal entities. A comparative legal study has been carried out both of the general subjects of contesting transactions and of the special entities entitled to challenge the debtor’s transactions in insolvency (bankruptcy) proceedings of legal entities. The terms of reference of these persons concerning the process of challenging the debtor ’s transaction in insolvency (bankruptcy) proceedings of legal entities have been highlighted. Also, on the basis of the normative and doctrinal classification of invalid transactions, topical problems of judicial arbitration practice in bankruptcy cases, as well as innovations and trends in the development of domestic civilistics were analyzed.   

 

 

Key words: insolvency, bankruptcy, contesting the transaction, invalidity of the transaction, legal entity, subjects of contesting the transaction

 

 

 

 

 

 

 

  

 

 

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