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Legal Bulletin of the Kuban State University

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No 2 (2019)
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THEORY AND HISTORY OF LAW AND STATE; HISTORY OF DOCTRINES ABOUT LAW AND STATE

2-5 281
Abstract
In the article some problems of criteria of division of efficiency of norms of the right to types are considered. The classifications available in science need to be supplemented in accordance with new approaches to the problems of efficiency, different interpretations of its essence and the need to develop specific practical recommendations to improve the effectiveness of legal impact.
6-9 96
Abstract
The former title of the science and the educational subject - History of Home State and Law is proved to be correct from the technical legal point of view in this article. The author is forming her own view of the subject of the science and its limits.

КОНСТИТУЦИОННОЕ ПРАВО; КОНСТИТУЦИОННЫЙ СУДЕБНЫЙ ПРОЦЕСС; МУНИЦИПАЛЬНОЕ ПРАВО

10-13 94
Abstract
in the article the institutes of electronic democracy are examined in Russia, as a perspective form of the direct folk participating in state and public affairs, suggestions speak out on her perfection in legal practice.

ГРАЖДАНСКОЕ ПРАВО ПРЕДПРИНИМАТЕЛЬСКОЕ ПРАВО СЕМЕЙНОЕ ПРАВО; МЕЖДУНАРОДНОЕ ЧАСТНОЕ ПРАВО

14-18 169
Abstract
The author focuses on the institution of a penalty in Russian civil law. The author formulates the idea of the traditions of civil law regulation of penalties in our country, regarding it as the most important instrument for ensuring the fulfillment of obligations. The article argues the need to take specific measures to improve civil legislation aimed at delimiting the penalty as a way to ensure the fulfillment of obligations and pre-estimated damages, which are a measure of civil liability. The article proves that the improvement of civil legislation on the penalty and the law enforcement activity based on it will strengthen the contractual discipline, ensuring progressive and effective.
18-22 157
Abstract
the article provides a comparative legal analysis of the concept of a contract in various legal systems. The study was based on foreign legislation. The civil codes of the Roman-German, Anglo-Saxon and Islamic legal systems were investigated. Having studied the definitions of a treaty of a number of states, it can be stated that despite the existing differences in the legal technique of different countries, an agreement is primarily recognized as an agreement aimed at establishing, changing or terminating rights and obligations
23-27 227
Abstract
This article discusses the rights of foreign citizens and foreign legal entities to land in the Russian Federation, analyzes the shortcomings of current Russian land legislation and judicial practice, makes suggestions for their improvement, taking into account foreign experience in regulating land relations.
28-32 151
Abstract
This article discusses the essential conditions of the personal insurance contract. The list of legally fixed essential conditions of this contract is investigated. It is concluded that it is necessary to Supplement the list of essential conditions in the Civil code of the Russian Federation with the inclusion of conditions on the insurance premium.
32-36 264
Abstract
The article considers the issue of recognition of the rights as a less examined way of protecting intellectual rights. The author proves the autonomy of this lawsuit and correlates it with other ways of protecting. During the analysis of judicial practice the most frequent categories of disputes on the recognition of rights are identified and their specificity is studied.
37-41 315
Abstract
The article suggests that the specifics of changing and terminating of a contract of lifetime support with maintenance are due to the specifics of the contract itself, which creates both binding legal and proprietary effects. The author shows the non-sufficiency of legal regulation and suggests ways to eliminate them, considering the requirements of the principles of both obligation and real right.

УГОЛОВНОЕ ПРАВО И КРИМИНОЛОГИЯ; УГОЛОВНО - ИСПОЛНИТЕЛЬНОЕ ПРАВО

42-48 87
Abstract
the article is devoted to the international legal experience of criminal responsibility in the sphere of protection of the health of citizens. An attempt on the basis of international experience organize convoys of chapter 25 of the CRIMINAL CODE of the RUSSIAN FEDERATION.
49-55 90
Abstract
The system of criminological legislation being formed in the Russian Federation introduces new law enforcement forms (measures) of preventive which influence on citizens. The types and specificity of these preventive forms (measures) require their study and analysis with a view to their effectiveness, as well as critical thinking from criminologists and other experts in the jurisprudence with regard to their impact on the rights and freedoms of citizens.

CRIMINAL PROCESS

56-63 259
Abstract
the improvement of criminal proceedings takes place in different directions. One of them is the establishment of special rules for the production of economic crimes against entrepreneurs. This step of the legislator is dictated by the need to improve the efficiency of legal protection of entrepreneurship, which can be considered as an element of economic and, accordingly, national security of the state as a whole. Despite the measures taken, there are still problems of legality and validity of criminal prosecution of entrepreneurs, there are no answers to important questions about compensation for damage caused to business as a result of distraction from business, creating obstacles in it, etc. The authors propose their own vision of ways to solve some legal issues on the protection of entrepreneurship in criminal proceedings.

КРИМИНАЛИСТИКА; СУДЕБНО-ЭКСПЕРТНАЯ ДЕЯТЕЛЬНОСТЬ; ОПЕРАТИВНО - РОЗЫСКНАЯ ДЕЯТЕЛЬНОСТЬ

64-68 531
Abstract
The article is devoted to topical issues of detection and investigation of crimes in the field of shared construction. In the course of the study, the authors identified problems arising in the course of this activity, suggested ways to solve them. Practical recommendations aimed at improving the efficiency of investigation of crimes in the field of shared construction are proposed.

ADMINISTRATIVE LAW; ADMINISTRATIVE PROCESS

69-72 108
Abstract
the article focuses on the specifics of the status of foreign nationals as specialists in administrative proceedings. Special attention is paid to the possibilities of preparing opinions on questions of foreign law.
73-78 94
Abstract
in article problems of differentiation of powers of public authorities of the Russian Federation and territorial subjects of the Russian Federation in the sphere of population shift are considered, the analysis of such differentiation on the basis of system and structural approach is carried out to population shifts, basic approaches to the solution of problems of differentiation of powers between authorities of the Russian Federation and territorial subjects of the Russian Federation are offered.

CIVIL PROCEDURE; ARBITRATION PROCESS

79-90 853
Abstract
The article deals with the implementation of generally recognized principles and norms of international law and international treaties in the Russian civil procedure. The article analyzes the types of international law that are important for the civil proceedings and are to be implemented in it, deter-mines their hierarchical position in the system of law sources operating in civil procedure. Highlighting the problematic aspects of legal regulation of issues related to the implementation of generally recognized principles and norms as well as international treaties in the civil procedure, the author proposes a number of measures aimed at their solution.
91-96 110
Abstract
in the article on the basis of labor legislation and judicial practice, one of the guarantees was analyzed upon denouncement of an employment contract under Paragraph 2, Part 1, Art. 81 of the Labor Code of the Russian Federation, some problems of legal regulation and law enforcement have been identified, and ways to solve them have been proposed.

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ISSN 2078-5836 (Print)
ISSN 2782-5841 (Online)