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No. 7, November 2017

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№ 7, ноябрь 2017

Table of Contests                   
                       

   Alekhin Vitaliy

Petrovich, 

Sitko Nikolay

Gennadiyevich

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On the Issue of the Criminological Characteristics of the Identity of the Perpetrator Who Committed Illegal Arms Trafficking

     Abstract        
  In this article, the authors analyse the materials of judicial practice, analytical data, the opinions of scientists on the formation of the personality of a criminal, and on the basis of these data they explore the criminological characteristics of a criminal in the sphere of illegal arms trafficking. According to the authors, the distinguishing feature of criminals in this area is cruelty and contemptuous attitude to public values. The authors studied such socio-demographic features as gender, age, educational level, marital status, and occupation; they also analysed the possibility of relapse. An analysis of the motivation of criminals showed that motivation is mainly influenced by self-interest, less frequently by domestic motives (personal use for hunting purposes) and by other motives. From a psychological point of view, the desire to possess the objects withdrawn from civil circulation and capable of harming others is not fully understood. One can state that the presence of weapons, even legally acquired, is a determinant of crime and very often leads to accidents. Based on the scientific literature, the authors identify a number of approaches to determine the structure of the personality of a criminal. As the authors note, the main criterion for the proliferation of arms across the territory of the Russian Federation is nowadays stealing of weapons from paramilitary organisations. Of particular interest is the study of stealing in military units, because, as the practice has shown, relatives or familiar criminals who have direct access to military facilities are involved in the crime
 

 

Key Words: weapons, ammunition, personality, motivation, public safety

 

        Abstract           

Gergedava Yana

Bochianovna, 

Netishinskaya Lyubov

Fedorovna 

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On the Issue of the Procedure for Foreclosure on Mortgaged Property 

The article deals with the issues related to foreclosure on mortgaged property to satisfy the claims of the pledgee: the grounds for the application of this penalty, an exceptional case of preventing collection of the pledged property and its criterion. A particular attention is paid to the investigation of the issue of foreclosure on mortgaged property in extrajudicial order on the executive inscription of a notary; the authors study the specifics of the execution of the executive inscription on the application of foreclosure on the pledged property and the peculiarities of the foreclosure on the pledged property carried out by the executive inscription of the notary. At the same time, the authors come to the conclusion that it is beneficial for the pledger to notarise the pledge agreement contained in the foreclosure application on the pledged property in extrajudicial procedure.   

 

 

Key words:  mortgaged property, grounds for foreclosure on pledged property, agreement on foreclosure on pledged property out of court, executive notation of notary, executory process.

 

 

 

 

Kolesnikova Viktoriya

Aleksandrovna, 

Chermit Rusiyeta

Ramazanovna 

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Characteristics of the Crimes Related to Illegal Adoption

         Abstract    
  The article deals with the issue of committing crimes against the family and minors. The authors give a detailed description of the characteristics of a socially dangerous act of the adoption of minors. The authors analyse the immediate objects of the crimes contained in Chapter 20 of the Criminal Code of the Russian Federation. Аs a legal framework, the authors name international and domestic normative legal acts designed to protect the life and health of minors, to ensure their right to a standard of living adequate for physical, mental, spiritual, moral, and social development. The authors propose a classification of the norms of the chapter under consideration. It is suggested to exclude repetition as a sign from the disposition of Art. 154 of the Criminal Code, which will make it possible to bring to justice even those individuals who violated the rules of adoption only once, which will contribute to the most effective protection of the rights of the interests of the family and minors. The authors underline the need to supplement the sanction with a punishment in the form of confinement for two to five years depending on the severity of the commission, as well as increasing the term both of arrest and correctional work.
 

 

Key words: crimes against the family and minors, illegal adoption, the elements of Article 154 of the Criminal Code of the Russian Federation

 

        Abstract           

Planukyan Veronika

Sarkisovna, 

Netishinskaya Lyubov

Fedorovna 

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On the Issue of Identifying and Recovering Lost Profits

The article deals with the issues related to determining the collection of lost profits as a component of losses. There is a different court practice in recovering loss of profits despite the changes made to the law on the impossibility of the court to refuse to satisfy the creditor’s claims for damages on the grounds that the amount of losses, including lost profits, cannot be established with a reasonable degree of certainty, and the available explanations of the issue by the Plenum of the Supreme Court of the Russian Federation. In conclusion, the authors indicate that the newly made amendments to Article 393 of the Civil Code of the Russian Federation and the existing amendments to the same article, as well as the explanations of the Plenum of the Supreme Court of the Russian Federation will contribute to a just formation of judicial practice on the disputes connected with compensation of losses, in particular, loss of profits caused by a non-fulfilment or improper fulfilment of a contractual obligation.   

 

 

Key words: losses, lost profits, lost outputs, fixing the amount of lost profits with a reasonable degree of certainty.

 

 

 

 

Volkova Yuliya

Vitalyevna 

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Commercial Representation in Business Activity

           Abstract  
  The contradictory nature of the needs of the economy and law enforcement in the use of such an effective mechanism for the exercise of law as commercial representation causes the relevance of this scientific study. The importance of commercial representation increases in direct proportion to the development of processes of concentration of industrial, commercial, and financial capitals. The author comes to the conclusion that the result of committing contracts and other transactions with the third parties on behalf of legal persons (individual entrepreneurs) by a commercial representative who performs continuously, onerous and independently on the basis of the powers contained in the contract or power of attorney is a structured set of legal means that are directed at occurrence, change, termination of civil rights and obligations of the business entity. In all spheres of business, commercial representation is invariant being a structured set of legal means.
 

 

Key words:commercial representation, business activity

 

        Abstract           

 

Pishchulina Kristina

Yuryevna, 

Glinshchikova Tatyana

Vadimovna 

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The Role of the International Agreement in Unification of International Trade Law

Studying of the issues of unification of international trade law, its types and methods is extremely important, as in the context of globalisation, trade is expanding through the dissemination of goods and services. This leads to the need to intensify the processes of unification of private international law. Unification of private international law is carried out through the conclusion of multilateral international agreements. At the same time, the role of international treaties containing unified material norms is growing ever more. When creating or improving national legislation, states take into account the results of such unification. At the same time, international agreements do not always meet the expectations of traders, because they are not able to fully ensure regulation. For this reason, among the sources of regulation of international trade relations, non-state regulation is often considered. Non-state sources adapt to the changes in international commercial practice without the formalities required in case of revision of an international agreement. The final success and the practical applicability of its instruments depend on the correct method of unification.   

 

 

Key words: international agreement, unification, cross-border trade, unified rules of law, UNCITRAL, international commercial arbitration

 

 

 

 

Khristyuk Aleksandr

Aleksandrovich, 

Glinshchikova Tatyana

Vadimovna

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The Essence and the Features of the Contract for the International Sale of Goods
           Absract  
  Studying of the legal regulation of the contract of international sale of goods is extremely topical, since the most important role among the various types of foreign economic transactions belongs to the contract of international sale of goods. Development of its terms, drafting, and execution require special knowledge, as well as taking into account the specific features of foreign trade relations. The contract of international sale of goods is connected with the law of two or more states and, as a consequence, when it is being regulated, there are problems related with the choice of the applicable law and order. For this reason, unification of the norms of national legislation in the field of international sale is of particular importance. An example of such unification is the UN Convention on Contracts for the International Sale of Goods of 1980, which is the result of uniformity in the sphere of international sale of goods. An analysis of the provisions of the Vienna Convention of 1980 is a priority
 

 

Key words: international agreement, unification, contract of international sale of goods, unified rules of law, UNCITRAL, international commercial arbitration

 

        Abstract           

 

Rud Yuliya

Vladimirovna, 

Svetoshova Kseniya

Sergeyevna 

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Diversification of Production as a Factor of Increasing the Economic Efficiency of Agricultural Organisations

In a competitive environment, diversification is an effective measure of successful business management. Diversification of production makes it possible to rationally redistribute available resources through the use of a maneuver effect, thus allowing the production of vegetables in hothouses. The authors suggest the introduction of yearround production of cucumbers in hothouses, the demand for which is provided by the residents of nearby cities. The project proposed by the authors on the introduction of year-round cucumber production includes the purchase of greenhouses, equipment for drip irrigation with automation and fertigation, growth system, lighting and microclimate systems for greenhouses, planting stock, personnel training, production start-up, and marketing. Economic valuation of the project shows that the project is economically and socially effective profitability is 1.46% at the average. The acquisition of a greenhouse and the organisation of production of cucumbers in hothouses will allow enterprises not only to increase the range of their products, but also to receive additional funds annually   

 

 

Key words: diversification, profitability, management

 

 

 

 

Rud Yuliya

Vladimirovna, 

Svetoshova Kseniya

Sergeyevna

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Economic Efficiency of Using Plant Growth Regulators in the Agricultural Organisa-tions of Krasnodar Krai

           Abstract  
  In this scientific work, the authors consider the economic effectiveness of the use of plant growth regulators in agricultural organisations of Krasnodar Krai. For more than seventy years regulators of development and growth of plants have been used in agriculture. The amount of these substances increases every year. More than eight thousand different physiologically active compounds have been synthesised in the world, but little more than 4% of them have found their practical applicability. It is noted that the effectiveness of agricultural production is the result of the financial and economic activities of an economic entity in agriculture, the ability to ensure high levels of profitability, productivity of product quality and profitability. In the course of the scientific research it was found that the application of a growth regulator on the production of winter wheat makes it possible to increase the yield by 15% and the industrial profitability by almost two times. The authors come to the conclusion that in conditions of increasing the intensity of production of agricultural crops, the use of plant growth regulators and trace elements becomes an integral part of the technology of their growing. The reserves of soil fertility are not infinite, and under condition of intensive application of traditional fertilizers, the productivity of sowing is often limited by the shortage of trace elements
 

 

Key Words: plant growth regulator, economic efficiency.

 

        Abstract           

  

  Rud Yuliya

Vladimirovna, 

Svetoshova Kseniya

Sergeyevna, 

Sikorskaya  Yelena

Yuryevna 

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Investment as a Factor of Increasing the Economic Efficiency of Agricultural Organisations 

The authors consider investments as a factor of increasing the economic efficiency of agricultural organisations. The dynamics of increasing the number of animals in agricultural organisations involves the expansion of production and use of high-quality mixed fodder. In the opinion of the authors, it is necessary to calculate its economic efficiency at the expense of own funds in order to assess the acquisition of a feed mill. In the analysis of requirements for mixed fodders of typical agricultural organizations, it was found that the required volume of feeds averages 2300 tons per year. Analysis of the economic efficiency of investments in the organization of fodder production (in prices of 2017) shows that when the feed mill is introduced in the current conditions, the annual cost savings for combined feed will be 5060 thousand roubles. Investments in improving the feeding of farm animals will increase the economic efficiency of the livestock sector by creating a solid feed base at the farm level, which will lead to a reduction in the cost of their growing. The authors come to the conclusion that the Investments will allow to strengthen the material and technical base of the farms and increase the economic efficiency of the agricultural organizations of Krasnodar Krai   

 

 

Key words: : investments, agriculture, efficiency factor

 

 

 

 

  

Sikorskaya Yelena

Yuryevna, 

Yudin Dmitriy

Nikolayevich

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Management of the Efficiency of Investment Activities of Agricultural Rice-Growing Organisations

         Abstract    
  The authors consider the management of the efficiency of investments and the implementation of practical actions for the purpose of obtaining profit and (or) achieving another useful results in agricultural rice-growing organisations. One of the factors of effective rice production in the organisations of Krasnodar Krai is to equip the economy with modern high-performance innovative machinery and technologies. Taking into account that rice production in some farms occupies more than 50% in the structure of commodity output, there is a need to purchase a rice harvesting combine, which will increase the performance of work in the optimal time, the quality of work, save fuel, reduce the cost of repair and purchase of spare parts. The authors analysed the economic efficiency of investments in the acquisition of a rice harvesting combine Yenisey-1200-RM05G. As a result of scientific research it was found that the calculation of the payback period of the investment in the purchase of the rice harvesting combine Yenisey-1200-RM05G is 4 years and 7 months. The authors come to the conclusion that investment activity is an objective necessity, which is caused by the development of scientific technological progress and which allows to strengthen the material and technical base of agricultural organisations and increase their economic efficiency
 

 

Key Words:  investment activity, rice-growing organisations

 

        Abstract           

Kalugin Mikhail

Mikhaylovich, 

Usenko Anatoliy

Sergeyevich 

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The Actuality of the Credits of the Crimean Reserves by the Federal Status 

The consolidation of the institution of mediation in the Russian Federation meant promoting the development of partnership business relations and the formation of the ethics of business turnover, harmonisation of social relations. According to many scientists, this procedure allows to resolve many disputes in a pre-trial order. However, the functioning of this law in full is not possible in practice due to the lack of interest from the citizens to apply to a mediator for resolving the dispute out of court. To solve this problem, the authors suggest a legal analysis of the mediation institutes in the Russian Federation and the Federal Republic of Germany. The authors come to the conclusion that the mediation procedure in Germany is more in demand among the citizens than in the Russian Federation. The authors conclude that it is necessary to improve the current Russian legislation on an alternative dispute settlement procedure with the mediator’s participation; in particular, it is proposed to carry out the mediation procedure in Russia only on a professional basis, to give lawyers the right to act as a mediator in pre-trial order. According to the authors, such measures will eliminate possible contradictions in the legislation, improve the quality of the mediator and make the mediation procedure more accessible for the Russian citizens   

 

 

Key words:  media, mediator, alternative procedure of dispute settlement.

 

 

 

 

Pobegutsa Aleksey

Vasilyevich, 

Danilova Marina

Ivanovna 

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Russian National Character: from Traditionalism to Radicalism

         Abstract    
  The market reforms of the last decades of the 20th century were based on the theory of rational economic behaviour of a so-called homo economicus. Narrow-mindedness of this point of view is obvious. An economic player is under influence of various factors including those of non-economic origin. Ethnocultural and ethnopsychological characteristics have earned a special place among them. The author tries to answer the question how, to which degree, and in what direction the national character and the mentality of the Russian people influence the economic culture and the assessment of rationality of economic behaviour. The national psychology forms world orientation and social experience, develops certain mental and behavioural predispositions. This article covers the features of the Russian national character and mentality which possesses dualism and radicalism. These two traits show themselves in history and economic culture which have a negative impact on the state of the society and the human. A special attention is paid / The authors pays a special attention to the ethical principles of economic culture and activity which are the key values of all the Russian culture. The task is to blend, if possible, the ideals and the traditions of the society with its up-to-date changes. One should show preference to the evolutionary path of development as opposed to the revolutionary one.
 

 

Key words: character, national spirit, traditionalism, radicalism, ethnicity, national way of life, Russian intelligentsia, revolutionary nature, criticality, social ideal, welfare of the people, culture and civilisation, moral absolute.