2013 N1

V.N. Suslikov, Doctor of Sciences, Professor, Southwest State University (Kursk) (e-mail:
svn60@mail.ru)
N.I. Varenya, Head of the Kursk Regional Office of All-Russian Non-Commercial Organization
“Association of Lawyers of Russia” (e-mail: alrf46@mail.ru)
PROPERTY PROTECTION IN THE NATIONAL AND INTERNATIONAL LAW SYSTEM
ON THE EXAMPLE OF THE EUROPEAN CONVENTION ON HUMAN RIGHTS
The article discusses the property rights protection and interpretation of property violations in the system of European
Court of Human Rights; it contains analysis of property in the national and european justice system, the principles
and criteria implemented by ECHR in conduct of the proceedings.
Key words: law of property, property violations and protection, justice system.
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D.V. Alymov, Candidate of Sciences, Senior Lecturer, Southwest State University (Kursk)
(e-mail: sledczy@list.ru)
SITUATIONAL COMPUTER MODELLING OF THE FIRST INVESTIGATION´S STAGE
The article is devoted to problem of introduction in criminalistics new informational technologies to improve efficiency
law-enforcement agencies during investigation of the crimes.
Key words: computer modelling, investigation’s situation, tactical operation, typical informational model, tfirst
stage of investigation.
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A. L.Vorontsov, Candidate of Sciences, Associate Professor, Southwest State University (Kursk)
(e-mail: proskyrinae@mail.ru)
PROBLEMS OF DEFINITION OF CONCEPT OF LEGAL CULTURE
IN THE RUSSIAN JURIDICAL SCIENCE
The article analyzes various approaches to understanding of a phenomenon of legal culture. The structure and
levels of legal culture are investigated.
Key words: legal culture, complex definition of legal culture, elements, multidimensionality of legal culture.
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A.A. Grebenkov, Associate Professor, Southwest State University (Kursk)
(e-mail: grebenkov@gmail.com)
ON THE PARTICULAR KINDS OF CRIMINAL HARM AND CAUSATION AS THE ELEMENTS
OF ILLEGAL ACCESS TO COMPUTER INFORMATION
The article deals with such consequences of illegal access to computer information, as the modification and the
copying of information, and especially the establishment of a causal relationship in this act. Author presents the
methods for determining the presence of a causal relationship. The article clarifies the definition of modification and
copying of data.
Key words: computer crime, computer data, data access.
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I.A. Gordeev, Ph.D., Associate Professor, Southwest State University (Kursk)
(e-mail: gordeev_ia@mail.ru)
ON THE QUESTION OF ADDITIONAL VOCATIONAL TRAINING SOLDIERS TO BE DISMISSED
FROM THE MILITARY SERVICE
The article analyzes the main regulations on additional professional education) for military personnel, due to be
discharged from military service.
The article analyzes the main regulations on additional professional education for the military, due to be discharged
from military service.
Key words: continuing professional education, the military, social adaptation, military service.
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E.D. Gorevoy, Ph.D., Associate Professor, Southwest State University (Kursk)
(e-mail: gorevoy_e@mail.ru)
ROLE OF JUDICIAL PRACTICE IN CIVIL LAW REGULATION: STATEMENT ISSUES
The article brings into focus the problem of judicial practice as a civil law source, deals with classification of judicial
practice, reveals the relationship of its different species and affects the problem of creating rules not settled by
law.
Key words: civil law, judicial practice, law source.
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E.V. Kaimakova, Candidate of Sciences, Senior Lecturer, Southwest State University (Kursk)
(e-mail: KEV.1976@mail.ru)
PROBLEMS OF LEGAL REGULATION OF THE WHOLE FAMILY IN THE FAMILY CODE
OF THE RUSSION FEDERATION
The article analyses the provisions of the Family code of the Russian Federation, which said about the term of
family members, other relatives and other members of family relationships.
Key words: family, spouses, parents, children, relatives, other persons.
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R.M. Kublov, Candidate of Sciences, Associate Professor, Southwest State University (Kursk)
(ph. (4712) 50-47-89)
COMPENSATION FOR VIOLATION OF TERMS OF LEGAL PROCEEDINGS ON CIVIL
CASES – THE MYTH OR REALITY
Given article is devoted questions of creation of effective system of guarantees of prevention of infringement of
the rights of participants of legal proceedings at administration of justice on civil cases.
Key words: consideration terms, right infringement, a civil case, judicial proceedings, indemnification.
––––––––––––––––––––––––––––
I.B. Lagutin, Ph.D., Associate Professor, Southwest State University (Kursk)
(e-mail: lagutinigor81@mail.ru)
STAGES OF THE EVOLUTION OF THE ORGANIZATION OF THE BUDGETARY CONTROL
IN RUSSIA
This article contains the author's approach to the classification of the stages of formation in the Russian model
of the organization of budgetary control. This classification is based on historical events and facts, regulations, materials
enforcement.
Key words: budgetary control, the history of state control, stages of development control in Russia, system
monitoring.
––––––––––––––––––––––––––––
А.М. Larin, Candidate of Sciences, Associate Professor, Southwest State University (Kursk)
(e-mail: allar1983@bk.ru)
LEGAL STATUS OF A DEBTOR IN A BANKRUPTCY CASE
The paper discusses the changes in the legal status of insolvent debtors that arise after the bankruptcy petition
has been institutioned against them and contained legal qualification of such changes in terms of the debtors
abilities to own, use and dispose of the property.
Key words: bankruptcy, debtor, bankruptcy assets, deprivation or restriction of legal capacity, action-oriented
legal capacity, a concept of in dynamic legal capacity.
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E.S. Shahova, Candidate of Sciences, Associate Professor, Southwest State University (Kursk)
(e-mail: olga.tpgap@mail.ru)
DETERMINATION OF PROCEDURAL FEATURES OF LEGAL PROCEEDINGS ON SEPARATE
CATEGORIES OF CIVIL CASES
In article the concept and value of detection of procedural features of legal proceedings on civil cases is analyzed,
their role for the correct and timely consideration of civil cases is defined.
Key words: civil legal proceedings, procedural features of consideration of civil cases.
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E.N. Voronov, Ph.D., Associate Professor, Southwest State University (Kursk)
(e-mail: envoronov@yandex.ru)
THE MODERN MODEL OF THE ORGANIZATION OF ENFORCEMENT
IN THE LEGAL SYSTEMS OF FOREIGN COUNTRIES
In the article the basic model of the organization of the executive production abroad. The features of enforcement
in the UK, U.S., Germany, France and other countries.
Key words: organization of enforcement, enforcement proceedings abroad, court model, administrative model,
mixed model.
______________________________
A.A. Grebenkov, Candidate of Sciences, Associate Professor, Southwest State University (Kursk)
(e-mail: grebenkov@gmail.com)
OPTIONAL FEATURES OF ILLEGAL ACCESS TO COMPUTER INFORMATION
The article deals with optional features of illegal access to computer information, such as location, time and
method of committing the crime. Author assesses their impact on the degree of social danger of the crime. Article
proposes the inclusion of certain optional features of the objective side as the circumstances that increase penalty.
Key words: computer crime, computer data, data access.
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O.B. Novruzova, Lecturer, Southwest State University (Kursk) (e-mail: novruz8787@mail.ru)
THE PROBLEM OF DIFFERENTIATION BETWEEN THE CONCEPTS: THE RESULTS
OF INTELLECTUAL ACTIVITY AND MEANS OF AN INDIVIDUALIZATION AS OBJECTS
OF THE INTELLECTUAL RIGHTS
At this article the author studies concepts of intellectual activity and means of the individualization as objects of
the intellectual rights. The legal and theoretic characteristics of these concepts are given.
Key words: copyright, intellectual activity, means of an individualization, non-material benefits, object of the intellectual
rights.
–––––––––––––––––––––––––
E.N. Lamanov, Candidate of Sciences, Associate Professor, Southwest State University (Kursk)
(e-mail: lamanov_evgeny@mail.ru)
THE PROBLEM OF RAISING THE EFFICIENCY OF LEGAL REGULATION OF THE STATE CIVIL
AND LAW-ENFORCEMENT SERVICES
In article it is spoken about the problematic aspects of the process of reforming the state of civil and lawenforcement
services in Russia, on the further improvement of public order, strengthening of legality and the rule of
law in the country, on increasing the efficiency of legal regulation of public service. The author, analyzing the existing
service legislation, identify the most promising of the legal elements.
Key words: right, state, entities, power, control, legal regulation, state service, law, law enforcement service.
–––––––––––––––––––––
M.N. Urda, Candidate of Sciences, Associate Professor, Southwest State University (Kursk)
(e-mail:urda.ru@rambler.ru)
THE THEFT OF THE STATE AWARDS NEEDS A CRIMINALIZATION
In the attention there is no special rule by the responsibility for the theft of the state awards, which differs of the
high prevalence and the increased public danger. It leads to considerable difficulties in qualifying the acts. Therefore
the authors insist he idea of criminalization of the offense.
Key words: theft, state awards, qualification, criminalization, responsibility.
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E.O. Efimova, Lecturer, Southwest State University (Kursk) (e-mail: pragmatik-alenka@mail.ru)
SOCIO-DEMOGRAPHIC CHARACTERISTICS OF THE PERSONALITY UNWARY CULPRIT
IN ROAD CRIME
By the author of the work reflects the basic socio-demographic characteristics of offender who has committed a
crime Highways. The results obtained in the questionnaires 130 convicts serving sentences in penal colony of art.
264 of the Criminal Code, may be used in the development of the main methods to combat reckless road traffic
crime.
Key words: negligence, road traffic offence, identity of the perpetrator, surveys, socio-demographic characteristics.
––––––––––––––––––––––––
G.L. Moskalev, Post-Graduate StudentSiberian Federai (Kracnoyarsk)
(e-mail: eucaliptus@yandex.ru)
AN INFLICTION ON THE GRUOP CONDITIONS OF LIFE CALCULATED TO BRING ABOUT
ITS PHYSICAL DESTRUCTION IN WHOLE OR IN PART AS A METHOD OF COMMITMENT
OF A CRIME OF GENOCIDE
In this article the aspects of infliction on the group conditions of life calculated to bring about its physical destruction
in whole or in part are discovered. The classification of actions covered by the aspect “infliction of the conditions
of life” is proposed. The content and sense of conditional relations in this action are examined. The issue of existing
of an independent legally established objective for this action is investigated. The ways for modernization of the
norm of the criminal liability for the crime of genocide are proposed.
Key words: genocide, infliction of conditions, conditional relations, physical destruction, criminal law.
–––––––––––––––––––––––––
T.G. Lepina, Lecturer, Southwest State University (Kursk) (e-mail: lepina2813@mail.ru)
PROTECTION OF INTELLECTUAL PROPERTY CARRIED OUT BY ULOZHENY ABOUT
CRIMINAL AND CORRECTIVE PUNISHMENTS OF 1845
In this article criminal legal protection of the author's, inventive rights, the rights to a trademark and a trade secret
according to Ulozheny about punishments criminal and corrective is considered 1845.
Key words: criminal legal protection, intellectual property, copyright, the rights of inventors, trademark, trade
secret.
_________________
Е.А. Кirillova, Lecturer, Southwest State University (Kursk) (e-mail: debryansk@mail.ru)
INSTITUTE OF THE INHERITED TRANSMISSION: FEATURES, ROLE, VALUE
There is the inherited transmission in this article, examined not only as passing of right to the acceptance of inheritance
of being due to the heir-at-law or on a testament the dead after opening of inheritance but also as an independent
subinstitute of probate law.
Key words: tinherited transmissiontransmitent, trasmisser, universal legal continuity.
________________
A.V. Anikushin, Post-Graduate Student, Southwest State University (Kursk) (e-mail: xxbb@ya.ru)
LEGISLATION IN THE RUSSIAN ABSOLUTISM IN THE XVIII CENTURY: THE POWERS
OF THE MONARCH AND THE ROLE OF LEGISLATION ADVISORY BODIES
The article discusses the role of the monarch and legislation advisory bodies in legislative activities in the Russian
state of the XVIII century. The evolution of the legal registration of the legal status of the Russian monarch, his
powers in the field of legislation, as well as analyzes the causes that triggered the establishment of legislation advisory
bodies and influenced the change in the volume of their powers.
Key words: monarch, monarchy, law, empowerment, governance.
_______________
V.V. Yatsenko, Candidate of Sciences, Associate Professor, Southwest State University (Kursk)
(ph.(4712) 52-38-22)
SOME PROBLEMS INCLUDE THE PRINCIPLE OF SEPARATION OF POWERS
IN THE CONSTITUTION RUSSION FEDERATION
In article features include the principle of separation of powers in the Constitution, the system of checks and
balances between the main state bodies of the Russian Federation
Key words: separation of powers, Constitution, system of checks and balances.
___________________
N.V. Chub, Ph.D., Associate Professor, Southwest State University (Kursk)
(e-mail: nadchub@yandex. ru)
PECULIARITIES OF REALIZATION OF THE LEGISLATION OF RUSSIA ABOUT STATE
SERVICE AT THE PROVINCIAL LEVEL (HISTORICAL AND LEGAL ANALYSIS)
The article contains historical and legal analysis of Russian legislation on civil service and peculiarities of its
passage in the provincial government.
Key words: law, province, provincial authorities, public service.
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T.V. Letuta, Candidate of Sciences, Associate Professor, Orenburg State University
(e-mail: ltv10@mail.ru)
AGREEMENT CONCLUDED BY THE NETWORK INTERNET AS A BASIS OF CIVIL RIGHTS
AND RESPONSIBILITIES
The article based on systematic interpretation of the rules of the Civil Code and the Law "On electronic signature"
of analysis and generalization of judicial practice identified problems of legal regulation of contracts concluded
via the Internet. Defines the legal effects of the recognition of "electronic" contract void the existing approach of the
legislator to identify the subject of his will and the will of such an agreement.
Key words: grounds for the emergence of civil rights, electronic contract electronic signature.
____________________
O.G. Larina, Doctor of Sciences, Associate Professor, Southwest State University (Kursk)
(e-mail: lelyc@mail.ru)
REVENUES AND EXPENDITURES OF THE RUSSIAN BUDGET IN THE FIRST HALF
OF THE XIX CENTURY
The article considers the development of legislation in the field of regulation of the revenue and expenditure
sides of the budget of Russia in the first half of the XIX century in Russia.The author describes the budget system,
the management and control.
Key words: treasury, revenue, expenses, finance, management, the state.
________________________
Y.A. Tarasov, Ph.D., Associate Professor, Southwest State University (Kursk)
(e-mail: tarasovkursk@rambler.ru)
MEDIATION’S MAIN FEATURES
The article brings into focus some aspects of alternative dispute resolution, the concept of mediation, its principles,
main features as well as the mainstream development.
Key words: alternative dispute resolution, mediation principles, features, legal controversy, mainstream development.
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A.V. Apanasenok, Doctor of Sciences, Professor, Southwest State University (Kursk)
(e-mail: apanasenok@yandex.ru)
E.S. Apanasenok, Post-Graduate Student, Southwest State University (Kursk)
(e-mail: berezka-87@mail.ru)
RELIGIOUS NONCONFORMIST’S COMMUNITIES OF CENTRAL BLACK-SOIL REGION
IN EPOCH OF “PATERNALIST” MONARCHY: 1761–1825
The work is devoted to the history of institutionalization of religious nonconformist’s communities in Russia of
second half of XVIII – beginning of XIX cent. Basing on materials of Central Black-Soil region of Russia, the authors
demonstrate that this period was marked by going out of latent condition considerable part of Old Belief. The key reason
of this process became liberalization of confessional policy of the state which partially recognized the right of
believers to freedom of worship.
Key words: religious nonconformism, Old Belief, confessional policy, paternalism, Central Black-Soil region/.
________________
U.A. Bugrov, Candidate of Sciences, Honoured worker of Culture, President of Kursk
Regional Ethnographic Society
A.N. Pakhomova, Candidate of Sciences, Associate Professor, Southwest State University (Kursk)
(ph. (4712) 52-38-23)
FROM THE HISTORY OF LAND-SURVEYING IN KURSK REGION: IN END OF THE XIX –
THE FIRST HALF OF THE XX CENTURIES
The process of land-surveying in Kursk region in the end of the XIX-th – the first half of the XX-th centuries is
analyses in this article. The authors study the complement of landowners (and if it was changed?) in Kursk region
during the period under investigation.
Key words: land-surveying, Kursk region, ownership of land, private domaius.
_____________
V.Y. Baibakov, Candidate of Sciences, Associate Professor, Southwest State University (Kursk)
(ph. (4712) 52-38-23)
A.N. Pakhomova, Candidate of Sciences, Associate Professor, Southwest State University (Kursk)
(ph. (4712) 52-38-23)
WAYS OF THE POLITICAL SYSTEM DEVELOPMENT IN RUSSIA IN THE CONCEPTIONS
OF NATIVE THINKERS OF THE XIX – BEGINNING OF THE XX CENTURIES
The authors of this work study conceptions of native thinkers of the XIX – beginning of the XX centuries on the
problem of the Russian political system development.
Key words: power, state, conception, reform, Russia.
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S.S. Koptev, Post-Graduate Student, Southwest State University (Kursk)
(e-mail: koptev_1988@mail.ru)
THE ACTIVITIES OF THE CHEMICAL DEPARTMENT OF THE KURSK GUBSOVNARHOZOV
IN 1918-1921
The article presents the entire period of operation of the chemical Department of the Kursk province since the
organization before abolition. Analyzes the main directions of the activity of its subdivisions and characteristics of the
enterprises of chemical industry under the control of the local gubsovnarhozov.
Key words: chemical Department, gubsovnarhoz, a soap factory, chemical industry, factory, fertilizers.
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V.A. Pankov, Post-Graduate Student, Kursk State University (e-mаil:olimpickursk@yаndex.ru)
CONSTRUCTION OF THE AIRFIELD NETWORK ON THE TERRITORY OF KURSK REGION
IN SUMMER-AUTUMN 1941
In the article on the materials of the State archive of the Kursk region covers the activities of the Soviet government
and military authorities, aimed at construction on the territory of Kursk region of the airfield network in summer-
autumn 1941 Provides data on the scale of construction and points to the difficulties faced by local authorities
and army structures in the setting of the initial period of the great Patriotic war.
Key words: Great Patriotic, construction, airfield, Kursk region, oblast executive committee.
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