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Человек язык общество материалы международной научной конференции (6 октября 2006г.) Хабаровск Издательство тогу 2006

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Открытие и освоение дальнего востока
Management of the municipal property
L.V. Vlasova
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ОТКРЫТИЕ И ОСВОЕНИЕ ДАЛЬНЕГО ВОСТОКА


Походы русских землепроходцев 17 века позволили за жизнь одного поколения перенести российскую границу с Урала до берегов Тихого океана. Освоение россиянами территории нашего края началось с севера.

В 1639 году отряд казаков Ивана Москвитина, выйдя к берегам Охотского моря, поставил в устье реки Ульи острог. Походы В.Д. Пояркова (1643-1646гг.) и Е.П. Хабарова (1649-1653гг.) положили начало освоению амурских земель. Продвижение их отрядов на юг Дальнего Востока почти не вызывало сопротивления аборигенов, не имевших своей государственности. На момент появления русских в бассейне Амура проживало около 30 тыс. коренных жителей. Их основными занятиями были охота и рыболовство. Большинство племён добровольно согласились принять подданство России. Основу российских переселенцев, потянувшихся вслед за первопроходцами, составляли крестьяне. Освоение Приамурья шло стремительно.

К началу 80-х гг 17 века на Амуре проживало около 800 русских крестьян, казаков, купцов - промышленников. Русские поселенцы распахали более 100 гектар земли, занимались скотоводством, ремёслами, промыслом. Были образованы Нерченский уезд и Албазинское воеводство (1682г.) Они стали центрами русской деятельности на Амуре. Процесс освоения края был прерван действиями маньчжурской династии. Покорившей в середине 17 века Китай. В середине 80-х годов маньчжурские войска выступили против русских. Богдыханский указ предписывал русским оставить все земли до Якутска. Дважды (в1685 и в 1686 г.) героически оборонялся Албазин. Не имея возможности направить в Приамурье крупные военные силы, Россия была вынуждена пойти на уступки и подписать в 1689 году Нерченский договор, по которому российские подданные покинули левобережное Приамурье.

Точной границы между двумя государствами в то время не устанавливалось. России удалось отстоять право на Забойкалье и побережье Охотского моря.

Освоение Камчатки, присоединение Курильских островов, исследования российских экспедиций в 18 – первой половине 19 веков способствовали укреплению позиций России на Дальнем Востоке и объективно готовили возвращение Приамурья.

Энергичные шаги по возвращению Приамурья к России предпринял генерал-губернатор Восточной Сибири Н.Н. Муравьёв. Решающую роль сыграл и Г. И. Невельской. В 1850 году он поднял российский флаг в устье Амура, доказав судоходность Амурского лимана и островное положение Сахалина.

К середине 50-х годов 19 века стараниями участников Амурской экспедиции Г.И. Невельского были составлены карты Приамурья, открыта Императорская (Советская) Гавань, исследован Северный Сахалин. Деятельность экспедиции сделала возможным проведение сплавов войск, крестьян и казаков по Амуру в 1854-1856 годах.

Амурская экспедиция исследовала бассейн Нижнего Амура, произвела топографическую съёмку этой части Амура, составила первую карту Амура. Наука обогатилась сведениями о жителях, флоре и фауне Приамурья, Приморья, о внутренних водных путях и сухопутных дорогах в этом крае. По Амуру было открыто регулярное сообщение русских пароходов.

Амурская экспедиция провела большую исследовательскую работу на Сахалине, открыла залежи каменного угля, произвела морскую опись северной части острова, пересекла с производством маршрутной съемки остров в широтном направлении, составила карту южной и средней частей острова, произвела первую перепись населения острова, исследовала внутренние пути сообщения, организовала первые метеорологические наблюдения. Действия Амурской экспедиции вызвали приток научных сил в Приамурье, Приморье и на Сахалине (экспедиции Л.И.Шренка, К.Дитмара, Г.И.Радде, К.И.Максимовича, Ф.Б.Шмидта и других), в результате работы которых была составлена первая подробная и современная карта Приамурья. В Японском море и лимане Амура стала действовать гидрографическая экспедиция В.М.Бабкина.

В конце 1856 года появился указ об образовании Приморской области в составе Камчатской области, Охотского побережья, Нижнего Амура и Сахалина с центром – Николаевский пост (Николаевск– на- Амуре).

В мае 1858 года в Айгуне был подписан российско –китайский договор, оформивший возвращение Приамурья России. Окончательное утверждение границы было достигнуто по Пекинскому договору в 1860 году. Приамурье и Приморье были признаны владениями России.

Началось новое освоение и заселение далёкой окраины. В 1858 году основаны Хабаровка, Софийск, Иннокентьевка, Корсаково, Казакевичево и другие поселения. С 1858 по 1860 годы на Амур было переселено более 3 тысяч человек, преимущественно государственных крестьян.

Первым поселенцам было необходимо изучать, исследовать подробно новую территорию. Почвы заболоченные, растительность скудная. Для получения большого урожая нужно было повышать плодородие земель. Это возможно только тогда, когда изучены и известны все свойства почв.

По данным экспидиций Хабаровский край – горная земля. Наиболее крупные системы - Сихотэ-Алинь, Сунтар-Хаята, Джугджурский, Буреинский, Становой хребты. Менее крупные, но высокие - Баджальский, Дусе-Алинь, Ям-Алинь. В северной части края располагаются Юдомский хребет и Алданское нагорье. Наивысшая отметка в крае-г. Берилл-2933 м (Сунтар-Хаята).

В Приамурье равнины в основном озёрно-аллювиальные и приурочены к межгорным депрессиям. В горных районах долины рек узкие, террасированные, а в низовьях и на равнинах - широкие, с выраженной поймой, множеством пойменных озёр и многорукавным руслом. Уникальна своими масштабами пойма Амура, особенно на Среднеамурской равнине. Широко распространена многолетняя мерзлота.

В крае преобладает горное почвообразование. Бурозёмный ряд почв свойственен горным ландшафтам (до высот 1200 м) южной части. Альфегумусовый ряд содержит в основном подбуры и подзолистые иллювиально-гумусовые типы, распространённые на северных и высокогорных территориях края. На равнинных территориях - почвы подзолистого лугово-болотного ряда. В пойме Амура большие площади занимают аллювиальные почвы с прерывистым почвообразованием. Широко распространены болота, разнообразные по типологическому составу. Травянистые болота развиваются в поймах рек, переходные – на надпойменных террасах широких долин, на пологих склонах. Для таёжной зоны характерны верховые сфагновые болота на высоких террасах широких долин, на пологих склонах, на приморских равнинах, с широко выраженным торфяным горизонтом.

Таким образом, глубокое исследование почвенных ресурсов позволило сделать земледелие одним из главных видов деятельности местного населения. Создавались сельскохозяйственные предприятия, получавшие большой урожай агрикультур. Уже не было речи о голоде, люди освоили неизвестные и дикие земли, стали полноправными хозяевами.


D.A. Bondarenko

D.A. Vasiliev

The Far Eastern State Transport University


Computer Program

for the Key Connections Calculation


In our hurried XXI century, machines and equipment grew old morally faster, than physically. The creation of competitive products requires the development, in the shortest possible time, of inexpensive competitive machines and equipment, completely corresponding to the spirit of times. It is well known that more than half of a time for machine development and design is spent for all possible calculations, which can be already well worked up and even standardized. Using the CAD systems, engineers can spend less time on labor-consuming and tiresome operations, such as calculations of machine parts parameters, and spend more time for creative work that makes it possible to place design work on a new, higher level.

However, it must be admitted, that design level in Russia leaves much to be desired nowadays. Until now, many of planning and designing organizations use archaic methods of calculations and drawing on drafting machines .

Thus, there is a real possibility to improve the processes of designing new machines and equipment by developing and introducing CAD systems into the work processes.

Specialists with the knowledge of computer programming and technical disciplines, such as machine elements, strength of materials, engineering drawing and many others, are required to develop the CAD systems. In the course of time it has become clear that it is rather very difficult for computer programmers to master various technical disciplines, and that, as a rule, they do not have a command of such knowledge. At the same time mechanical engineers do not have possibility to study computer programming at universities, since programming is not included into their curricula. They can only become familiar with the fundamentals of computer programming.

Thus, it turns out that computer programmers know how to do, but they do not know the algorithms of problems solution, and mechanical engineers know what is necessary to do, but they do not know how to do it. In such cases it is much easier to master programming skills, using one or another development environment, than to develop (even together) the algorithm of calculations.

The development of the CAD programs requires minimal financial investments. In practice the expenses usually are justified in 3 - 6 months.

The machine parts of the general purpose are the most common in the practice of machine building, their calculations are sufficiently well worked up, and some are standardized, there is a number of programs, which make it possible to do computer calculations. However, many of those programs are the developments of foreign specialists. The programs are distributed (as well as domestic programs) on the commercial principle, and they cost much. The interface of such programs, usually, is not russified, the programs do have complex nature, i.e., they unite several calculation and graphic modules, their study and mastering requires time and some methodical and reference literature. The design products of Autodesk company and many others can serve as examples of such programs.

As for domestic software products one should pay attention to the following:

1. COMPASS. Unfortunately, calculation modules of COMPASS need serious modification, which is the reason of its insufficient effectiveness for engineering design.

2. APM WinMachine - a system of automated calculations and design in machine building and construction. The use of its modules can be sufficiently effective only for simple design models or for training purposes. The APM WinMachine graphic editors are imperfect; they are left behind their foreign analogs.

Summing up, one can come to the following conclusion:

1. Foreign software products are quite perfect, but very expensive, they are hard to master and do not have domestic standard design and other bases.

2. Domestic software products are inexpensive, but they are far from the best foreign analogs and, therefore, have limited fields of application. Thus, specific pre-conditions are set up for developing in-house software products, in which it is possible not only to modify interface according to the taste and demands of developers, but also to make changes, if necessarily, in the calculation algorithms.

At the Machine Parts Department we have developed the Computer Program for Key Connections Calculation . This program makes it possible to automate the labor of designers, considerably reduce time for engineering calculations and eliminate calculations errors.

The program is intended to select and check key connections as to the criterion of crushing strength by impedance methods and can be used for training and real design and check calculations of key connections.

Keys are the typical machine parts of general purpose. Their calculations are performed on a large scale all over the country, but there are no programs ensuring reliable and effective design of these connections.

The key connection is such, in which rotation is transferred with the aid of an auxiliary detail - key, which enters into the groove on a shaft and into the groove on a hub. Key connections serve for the fixing details on axes and shafts. Such details are pulleys, gears, clutches, flywheels, cams and so on. These connections are loaded primarily by torque.

The procedure, presented in the textbook "Basics of the Machine Design" by V. V. Shelofast, 2004, was used as the algorithm for calculations.

The Borland Delphi development environment, Delphi 7 in particular, was used as the base for the program development.

Structurally, the main window of the program consists of the following elements:

1. Main Menu - includes File menu, Help menu and the group of the commands, activated gradually in the course of computation: Key grooves, Keys, Materials, Desing, Load, Calculation and Results.

2. Information field, where the course of computation is represented.

The File menu contains the commands: New calculation, Open, Save, Print, Exit. In the Key grooves menu the type of a designed or checked key groove is selected. Menu includes grooves for the sunk normal, sunk high and semi-circular keys.

After selecting the type of a key groove, database for selection of the size of key groove in a hub and a shaft, depending on a diameter, opens. If the selected diameter exceeds the limits, provided by the standard, dialog box appears: Diameter is within the limits from 6 to 440 mm. If the selected diameter of shaft exceeds the limit of 130 mm, then limitation of the practicability of using the one-key connection is imposed.

The type and the design of a key are chosen in the Key menu, when the filtered database of lengths depending of the width of a key indicated. Here is selected the length of a checked key out of a standard range. Also in this window there is a note that the maximum length of a key must be less than the length of a hub by 5 mm and the designation of the selected key according to the GOST.

Materials of the elements of a key connection are selected in the Materials menu. The materials are selected from the database, which contains 965 designations of metals. The limitation, established by the GOST, is considered while selecting key material. In case of violation of this condition there appears the window, which warns about the error. The tensile strength limit of the key material should not be less than 600 MPa. Otherwise, another material should be selected. The limitation as to the materials for shafts and hubs is not imposed by the program.

The design of a checked or developed key connection is selected in the Design menu. Such design can be stationary or mobile. The correspondence between the type of design and the type of key is required. Otherwise, the window with the error information appears.

In the Load menu the nature of the load application is indicated: it can be permanent, variable or pulse.

The Calculation command is activated after all data about the connection have been entered. After pushing the Calculation button, there appears the window, where it is necessary to indicate the torque.

The minimum necessary length of a key, loaded by the set torque,
is calculated, and the result is rounded off as to the nearest larger standard length. If the calculated length does not correspond to the range of lengths
for this key groove, the message box about the error appears. Moreover, if the obtained length is less than this range, then program proposes either to
select a key with the minimum length from a normal number for the given width of a key groove, or to accept the existing key.

If the torque is more than permitted, the length of a key exceeds the lengths, specified by the standard. In this case it is proposed to increase the diameter of a shaft or to decrease the load on the connection.

The Results command. With the selection of this command the window with the designation of the necessary key according to the GOST and its projections appear. The necessary projection is selected by pushing of the corresponding button in the lower part of the window.

Until all information has not been not entered in the current stage, the next action is impossible, and the next menu will not be activated.

The editing of the entered information about the key connection is possible at any stage of calculation. There is an embedded system of the screen tips for the components of dialog boxes in the program.

In the Help option the brief information on the key connections and the algorithm of their calculation is given.

In the About option the information about the designation of this program and brief information about the authors is given.

In this program there is a possibility of modifications of the databases both as to the geometric dimensions of key grooves and mechanical characteristics of materials. This system is IBM PC compatible, its development level satisfies contemporary requirements. Availability of a friendly interface significantly facilitates its usage. The program was developed in considerations with the requirements of the automation of frequently repeated operations and with the use of information from numerous reference books, which substantially increase efficiency of labor of design engineer. This program adapts graphic means
of mapping information, which ensures clearness, and makes it possible
to concentrate attention to the entered data much better. The program
can be used by untrained users, who do not have special knowledge
in the information theory. The developed program works in Windows environment.

It is one of the software products, which clearly illustrates one of the directions of activity in the Machine Elements and Design Basics curriculum.

Every single machine part should be adequate.


D.A. Bondarenko

D.A. Vasiliev

The Far Eastern State Transport University


DELPHI Environment Usage

for Computer Programming

of Machine Details Calculation


Nowadays the computer calculations of machine details is widely used
both in foreign and domestic machine building. Such popularity is explained
by a variety of possibilities, provided by a computer:

1. The Optimization – searching for, finding and realization of the most reasonable(optimal) decisions according to several criteria and parameters;

2. The Automation of designwork;

3. The obtainment of decisions with any degree of accuracy using the numeric methods of calculation; 4. Making calculation during a short time.

General-Purpose details of machine are the most typical and wide-spread in the practice of machine building, their methods of calculation is developed well enough, some of them are standardized, there is a number of applied programs allowing to conduct computer calculations. However, many of these programs are the development of foreign specialists. The programs are distributed (as well as some domestic programs) on the commercial principle, they are rather expensive, the interface of such programs, as a rule, is not russified. The programs have complex nature i.e. they include several calculation and graphic modules and much time is required for their studies and mastering, besides, one need some methodical and reference literature. The developments of the Autodesk company and many others are the examples of such programs. Among domestic programmer products you can single out: 1. COMPAS – 3D V6 Plus. This system is intended for making the three-dimensional associative models of details and assembly units containing both a detail image and drawing. The Graphic editor (the COMPAS – GRAPH) is intended for automation of design work in different branches of activity. COMPAS – 3D V6 Plus has a module of specifications design, allowing to produce various specifications, charts and other tabular documents. Unfortunately calculation modules of COMPAS – 3D V6 Plus need to be seriously modified, this fact does not allow to use the given program enough for engineering calculations; 2. APM Win Machine , a system of computer-aided calculation and design in machine building and civil engineering, includes modules for calculation of toughness, strength and stability of mechanical systems. However, these modules can be effectively applied only for simply calculating schemes only or for teaching purposes. Some graphic editors of APM Win Machine are not perfect and far from their foreign analogues.

So, it is possible to draw a conclusion that foreign programmer products are perfect enough, but they are expensive, difficult in mastering and do not dispose of domestic standard design and other basis, domestic programmer products are inexpensice, but they are far from the best foreign analogues and, so their application possibilities are limited.

Therefore, pre-conditions for the development of our own programmer products are being created in which it is possible not only to change interface according to the demands and requirements of developers, but also to make some necessary changes in the algorithm of calculations.

At the Machine Details Department a program “Sliding Joints Calculations ” was developed. The program is intended for selection and checking of sliding joints as to the criterion of compression strength by means of strength of material methods and can de used for training and real designing and checking calculations of sliding joints.

The Borland DELPHI environment, namely the version of the DELPHI 7, was used for development of the program. The DELPHI is simple and logical. The main components of the language are clear, and that allows clear perception of a written code. The Pascal is used as a main programming language. The DELPHI graphic interface is perfectly worked out, but the development environment gives access only to that areas of code which are necessary to work, while hiding the main part of the program which is automatically created by the environment of the development itself.

The DELPHI is oriented to the Windows operating system, but the DELPHI 7 can already create applications to the Net environment. Thus, it was decided to use the DELPHI 7 for developing of a general – purpose program “Sliding Joints Calculation ”.

The method, stated in a work by D. N. Reshetov “Details of machines”, published by the Publishing house “Mashinostroenie” was used as the algorithm for calculations.


E.Butaeva

O.Soshchenko

Pacific State University

Modern problems of executive manufacture


In modern conditions in society the understanding of that fact has increased, that execution of certificates legal persons is necessary attribute of legal practice.

Addressing in court behind restoration or recognition of the civil rights, protection of interests at their infringement, interested persons, certainly, expect, that the decision born by court, will remove a disputed situation and its consequences. However for actual restoration of the broken right it is necessary, that acknowledgement of the decision of court was expressed in real actions of subject’s disputable attitudes. Imperfection of procedures of compulsory execution not only is very expensive to the state, but also promotes decrease in a level of a competition and restriction of opportunities of a choice of partners, stimulates use of not legal ways of collecting of duties and compulsions to execution of obligations, criminalizing attitudes of a civil revolution.

Process of executive manufacture appears as set of the stages determined by the law:

I. Excitation or presentation to the judicial police officer - executor of the executive document взыскателем. It should be made out as the decision in which police officer establishes term for voluntary execution of the requirements contained in the document, not exceeding five days from the date of excitation of executive manufacture.

II. The reference of collecting on the property of the debtor including arrest (inventory), withdrawal and compulsory realization further follows. Clause 48 « About executive manufacture » establishes the following sequence - first of all, on money resources in rubbles and a foreign currency, taking place at it, in banks and other credit establishments, and in case of their insufficiency - on real estate of the debtor. Available money resources are withdrawn at once, and at detection at the debtor of means on the account in the credit organization (one or several), on them seizes, meaning, that the given credit organization has no right to suppose movement of means from the account within the limits of the sum of arrest and the payments connected to executive actions. The non-authorized account operations under the account concerning the arrested means can do without dearly to bank, down to a response of the license.

The bank or the credit organization should respond in three-day term to requirements executive and collect money resources.

The question on imposing collecting on money resources of the debtor in a foreign currency is interesting. Thus it is necessary to mean: first, besides currency there are such currency values, as precious metals, stones and securities. Concerning these kinds of property it is not established special rules; therefore the debtor can leave them in the prime order. Second, clause 47 « About executive manufacture » provides special rules at transfer of the debt in rubbles. There is open a question on how to act, a code the duty is expressed in a foreign currency. To practice two ways are known, at least: or the currency transfers directly into exaction account; or all over again it is sold, and then in the equivalent sum at an official rate of the Central Bank of the Russian Federation at date of payment it is enlisted on the exaction account. To secure itself against the red tape connected to translation of money resources on the account of the claimant, it is reasonable to demand in the statement of claim collecting from the bank - respondent of money resources directly, instead of to translate them under any essential elements.

At absence on accounts of the debtor of means, sufficient requirements for satisfaction взыскателя, collecting is imposed on other property, that is:

• on directly not participating in manufacture (securities, money resources on depositary accounts, currency values, motor transport, subjects of design, furniture);

• on finished goods, the material assets which directly not participating in manufacture and have been not intended for participation in it;

• on objects of real estate, raw material and materials, machine tools, the equipment, the means borrowed in manufacture. It is obvious, that the legislator at an establishment of sequence of collecting recognizes that the debtor - the person engaged in enterprise activity, that is the profit directed on regular extraction. Therefore collecting on the property directly providing ability to live of the subject of enterprise activity, addresses in last turn. The decision about arrest of the property, born by judicial police officer, should be executed not later than month after acceptance of the executive document to manufacture or simultaneously with removal of the decision about excitation of executive manufacture. Arrest represents an interdiction to the proprietor under threat of the legal responsibility to define legal destiny of property included in the inventory, and in case of need - restriction of the right of use by property. The arrested property is necessary

It is estimated, and police officer proceeding from market cost of property at date of arrest. Certainly, in this occasion the parties can have disagreements as, for example, the market of real estate is in a "chaotic" condition, publications in commercial editions are put under doubt and not considered by courts as having validity. Police officer, certainly, can involve in an estimation of the expert, however the conclusion of the last has only recommendatory character, and conclusions about cost of property are done directly by police officer. Therefore in the given situation the optimum variant considers use of the accounting documentation of the debtor on disputable object.

III. Realization of the arrested property. It is the most complex stage of procedure of collecting in all executive manufacture. Complexities of realization are connected to fragmentary legal regulation of corresponding sphere of attitudes that leads to recognition of the transactions made by results of realization of property, void. Frequently there is a question: who is the seller under the transaction? Judiciary practice recognizes as the proprietor of the debtor, thus it is marked, that the persons, who are carrying out collecting, operate under obligations of the proprietor and in interests взыскателя.

Sale of property of the debtor including immovable, it is carried out by the specialized organization on a contract basis, only presence of the license in the latter case is necessary for fulfillment of operations with the real estate and participations in the tenders.

The certain features procedure of realization of the requirements belonging to the debtor under not executed obligations of the third parties possesses. In this case the new person - the debtor of the debtor will be involved, rights of the requirement concerning which are realized by police officers. It operates in a free civil revolution, and their mutual relations with the debtor are defined by the contract. Though it also is not the participant of executive manufacture, but can affect its course by reduction of the debts of the debtor before executioner.

It is necessary to watch precisely news of a financial life of the debtor, in fact during all period of executive manufacture of it threat of bankruptcy of the organization is debtor which is real way to avoid process of real execution of a judgment pursues or to tighten it. Foreign businessmen for a long time include in contracts of a condition which oblige the debtor to inform the creditor on a condition of the property periodically. Thus, any significant event in a life of the debtor does not remain without attention of its partners. The Russian businessmen just should adopt similar practice.

At the announcement of procedure of bankruptcy concerning the debtor взыскатель in many respects loses, as its requirements are put in one number with requirements of creditors irrespective of time of their receipt. In this case the judicial police officer - executor should check up legality of the procedure of liquidation closely. Then the announcement of procedure of bankruptcy illegal is possible, and judicial police officer or executioner can initiate attraction of guilty persons to the responsibility (including criminal).

One of the most actual problems at the reference of collecting on property of the debtor is withdrawal of the last from under jurisdiction of the debtor by means of imaginary transactions. It is very convenient way for the debtor to leave from the responsibility; in fact it in essence does not lose anything. We shall result an example: the private trade enterprise has run into debt to the supplier, the court has made a decision for the benefit of the creditor and the court order has been given, but by the moment of occurrence in a warehouse of the debtor of the judicial police officer - executor the property has replaced the proprietor though the goods are in a warehouse and any attributes of transportation and preparation for transfer of the goods are not present. It is available one of ways to avoid collecting by means of the conclusion of the imaginary transaction.

As clause 170 of the Civil Code specifies, the imaginary transaction is the transaction accomplished only for a kind, without intention to create corresponding legal consequences. The given transaction is insignificant and does not attract legal consequences. According to clause 167, at invalidity of the transaction each of the parties should return all received on it to other side.

Here laws of legal proceedings assume activity of the creditor. Before submission in court of the claim executioner it is necessary to collect as much as possible proofs. First of all, it will be documents on presence at the debtor of transactions. This can be challenged. Thus it is necessary to take into account, that transactions which legality is challenged, should be accomplished when the debtor already had not executed obligation in relation to executioner.

Practice shows, that the majority of imaginary transactions is made by the debtor with real estate. All transactions with objects of the real estate are subject to the state registration that is why to executioner and to judicial police officer it will be easier to collect data about transferred by the debtor in the’s property.

Arming with proofs, executioner should know that by consideration of a question on invalidity of transactions with real estate the court uses such criteria, as the price, calculations under the transaction, the order of registration of the transaction, the introduction of the purchaser into possession.

One of proofs of negligibility of the transaction is served with its inadequate price, as a rule, too underestimated. In the given situation can seem, that attraction of the independent appraiser will serve as the convincing proof, but the same "independent" appraiser will be presented, most likely, also by the opposite party. Therefore an optimum variant will be use of the accounting documentation of the debtor on disputable object. In particular, sale of property under the price is much lower than on what the debtor of it has got or under the price of below balance cost, can serve as argument for the benefit of that the real estate is alienated to the detriment of interests of the debtor. And it, taking into account that the majority of the organizations operate with a view of extraction of the profit, can serve as the convincing fact for court.

One more aspect to which it is necessary to pay attention court by consideration such has put - features of calculations under the contract. As a rule actual payment of the got property is late as it is possible longer, but the seller does not show any claims.

All contracts under transactions with the real estate should pass the state registration, the same as also changes in them. And if in the contract past registration, have been brought changes (in particular, concerning the price) which have not been registered, appears the occasion to reflect on the legal nature of this contract.

The introduction of the purchaser into possession is also very much an important point in доказывании the fact of the conclusion of the imaginary transaction. As a rule, in similar cases the buyer of property does not hasten to register it, it is at the debtor, and drawing up of the transfer certificate we are tightened. Therefore it would be desirable to give practical advice executioner - in judicial трениях in time to declare the petition for maintenance of the claim which allows seizing property of the contractor.

Unfortunately, the parties seldom show the conscientiousness, therefore the legislator assumes, that the claimant at excitation of executive manufacture itself should make a number of active actions. In particular, it spreads to prospect property of the debtor to check correctness of registration of executive documents and to stop wrongful actions or in general inactivity of judicial police officer by means of the appeal to protect the rights and legitimate interests.


A.S. Vlasov

N.G. Grinevich

Pacific State University

MANAGEMENT OF THE MUNICIPAL PROPERTY


Subject of management of the municipal property in modern Russia is one of the most actual. First, fifteen more years ago such form of property in the Russian Federation didn't exist. The Process of its establishing is going on nowadays. Second, the efficiency of power structures activities is provided by viable capacity of the local self-government. The people feel the results of state policy and estimate it as the method of satisfying their vital needs and interests. It is these needs and interests of local community that municipal property must serve. And first of all, competent and efficient control of the municipal property promotes to it. According to the Statute of municipal organization "The city of Khabarovsk", the municipal property is one of the components of the an economic basis of local self-government along with local finances, the property state owned and transferred to the managing by local self-management bodies and others. In this connection, the object of studying is activity of institutions and officials of local self-government of the "City of Khabarovsk" in the field of managing of the municipal property. According to the tasks in view, the leading method analyzing the activity of the local government institutions is statistical. The given method allows estimate on the basis of available parameters of the productive activity of corresponding institutions of the municipal property management, including the comparative aspect.

Considering the municipal property as the object of management as well it is necessary to consider, first of all, "property" the concept, and its understanding by science. There are rather numerous and ambiguous interpretations of this question in science. The "Property" concept itself is, first of all, the economic category, and the legal validity of objects of property is the considerable factor in intersubject mutual relations. The economic nature of the property consists in possessing the possibility to take useful properties, out of things consuming and properties them property for satisfaction interests and wishes and getting profit.

In its elementary interpretation the property means an belonging of things, material, spiritual, information values to the definite persons: to individuals, families, organizations, social groups, the state and society. For example, Samuelson considers that the property is possession of goods or sums of money. McConnell and Brue characterize the property as ordering material resources. The similar understanding is met among the Soviet sociological scientists: «The property - is a belonging of any objects to the subject who can be separate people, their groups, the state, and society ». The legal interpretation of the property is widely spread according to which «this concept concerns to the set of rights». The adherents of such wide interpretation of the property see the nature of the given phenomenon in relations of a double sort: both between people, and between people and things. At the same time there are exist relations which arise among people due to the property available. For example, professor G.I.Tcherkasov singles out as one of the characteristic features of the property its ability to represent itself as « the indirect communication» between subjects.

The legal basis of the property consists in availability legally established, recognized rights of the certain persons to possess things.

The influence rendered by the proprietors, of the state power and self-government institutions, other authorized persons, on the processes connected with an a belonging of things, property and their use, and also on participants of these processes constitutes the essence of management of the property.

Having considered the above approaches to concept "property”, one can make conclusion, that most to a real is material and multiplane interpretation of the given concept.

The property is simultaneously is an economic, legal, administrative category. One can also say, that the property is of common social character

The municipal property is not the variant form of a state property. It is the social economic relation arising that is satisfying the population of certain kinds of settlements or the peoples of the Russian Federation in general. The general list of the objects concerning the municipal property, is given in of Application 3 of the Decision, adopted by the Supreme Soviet of the Russian Federation on December, 27th 1991г. In this Application following of the municipal property objects have been related:

- The objects of a state ownership located on the territories, within power of corresponding municipal and district Soviets of People Deputes:

- The objects of state ownership within the institutions of the government and the republic management within the Russian Federation, territories, regions, autonomous regions and autonomous counties and located of territory of corresponding cities:

- The enterprises and objects of public catering, the establishment of national education, the public health services, culture and the sports, within the Ministry of Agriculture of the Russian Federation.

- The enterprises of retail trade, public catering and consumer services within the ministries, departments, the state enterprises.

The Land of water fund is admitted as municipal property when on these state-owned land the real estate within the municipal of private property, with the exception of property, which is the federal property or the property of Russian Federation subjects is located.

Municipal organization on behalf of local government institutions must carry out its activities on solving problems of importance, « proceeding from interests of the population, its historical and other local traditions ».

That local management bodies can protect the interests of local community not only by carrying out legislative activity but mostly by using municipal property constituting the economic bases of the local self-government (The Federal law “about a general principles of organizing local management” article 28). One may state that the local problems solved by means using and possessing the property concerns the most different spheres not only economic or legal. At the same time it is necessary to note, that, for example, one of functional clauses of charges of local budgets is «the organization, maintenance and development of establishments of education, public health services, culture, physical training and sports, mass-media, other establishments which are in the municipal property or in the local government» (the Budgetary Code of the Russian Federation, item 87). This item shows the participating property relations in sociopolitical and spiritual spheres of the population life. The general social nature of the property also is proved by that circumstance, that all participants of the social life (of all its spheres) can be subjects of any relations of the property. For example, the objects of social sphere, such as cinemas, various entertaining complexes, can be owned by private and juridical persons. As the participants of a social life they can become the subjects of property relations, and any vital profits may be as the object of these relations. Thus, it is clear, that the property relations get into all spheres of human life and a society as a whole.

Now the municipal property is fixed as one of the forms of property - alongside with private, state and others ones. We shall note, that if the number of subjects of the state property is outlined in the Russian legislation clearly enough it is impossible to say about subjects of the municipal property concerning which « the indistinct formulation » - urban and rural settlements and also other municipal organizations is used. The population united by common interests in solving problems in local importance populations inhabits the territory of municipal organization. It is a local community, which is available on the territory of any municipal organization. Local self-government represents the expression of “people’s power “ and constitutes «one of the fundamentals constitutional of the formation of the Russian Federation », that is the population of Russia – is the source of power on its whole territory. Thus, from the above its clear, that the population of municipal organization also is the source of power on the corresponding territory. And as the local community is, in fact, the population inhabiting on the territory of municipal organization, it is - the source of power on the given territory, and making-decision, concerning to the municipal property, is carried out here on behalf of the local community. So, the main subject of possession, using and the ordering the municipal property is the local community. Institutions of local government «operates the municipal property» only. And on this basis are minor subjects of the right of the municipal property. Such may be: the head of municipal organization; representative institutions of municipal organization; structural and institutions subdivisions of local administration; a municipal governing institution of economy. It is worth noting, that in the sole property of municipal organizations there are those objects, which have especially importance for living provisions of the certain settlement, either the territory, for preservation of a historical and cultural heritage. To such objects, for example, city parks, culture monuments can be referred to. It testifies the social orientation of the municipal property. It is one of the important features of the municipal property nature. Other feature is carrying out the function of the economic basis of local self-government: for example, the municipal enterprises – according to the article 113 of the Civil Code of the Russian Federation - are the commercial enterprises; besides the property of institutions of local government makes a material resources providing their activity.

The development of the modern Russian market of the municipal real estate is moving a along rough road, it can be seen by the absence of the state policy and the laws in the sphere of the real estate. As a result of it the local and the federal authorities for the real estate of market liberalization have to not only to guarantee the property rights and renting land and real estate, but also to create the favorable conditions, allowing to facilitate reconstruction and development of the real estate due to offering of more suitable for construction of real estate objects on the land lots and the development of complex land and investment policy.

Within 8-10 years attempts are been made adopt the package of the legislative acts regulating the management of the municipal land ownership and a real estate but it has failed due to both the slowness of lawmakers and non-realization the complete division the property to the earth.

In analyzing the present situation with the settlement lands it becomes clear, that is the most expedient than all lands within the bound areas of settlements, with the exception of lands under the objects of the state properties, the land lots under the privatized enterprises in which the state keeps a controling share holding, and the land already given in a private property, to transferred to the municipal property. However the current legislature gives municipal organizations the wide authorities which allow them to include corresponding items in their charters about a recognition of all the settlement lands which are not borrowed by the state enterprises and not been privatized earlier as the municipal property.

The modern market of the municipal real estate and marketing of the territories allows to differ a number of tools of the municipal land policy which can be presented as the following:

- Buying up land lots;

- Selling to the municipal of enterprises land lots;

- Granting the land lots in rent;

- Selling land lots for living construction;

- The tender of the rights to land.

Proceeding from it, the administration of municipal organization can build its economic policy in the field of defining the payment of sizes for using the land lots where as a basis the location a site of the land lot, the availability engineering communications, transport of the provision and the kind of purposeful economy activities of land lots will be taken.

The modern Russian legislation allows municipal organizations to pursue the policy in the field of regulating payments sizes for land using. Modern development tends of modern cities and the land market in them show, that the difference in the price of the land lots in a prestigious central zone and in the suburbs can reach 10-60 times. It resulted in the fact that in many cities the differential prices for the privatized land lots in municipal organizations depending on developing the environment infrastructure are installed, the remoteness from downtown and future purposeful use of the land lots are set and also the differentiation of land payments is made.


L.V. Vlasova


Pacific State University


Commercial port of Vladivostok – current situation and port development perspectives


Dear Ladies and Gentlemen!

On behalf of the Commercial Port of Vladivostok I’d like to express my sincere appreciation for affording the opportunity to deliver my speech.

The Commercial Port of Vladivostok is one of the largest ports in Russian Far East and the fifth one in Russia.

The Port of Vladivostok is located on the coast of the ice-free Golden Horn bay on the south of Primorskiy Krai. It’s in the vicinity of Russian borders with China and Northern Korea. The port plays a significant role in International and cabotage traffic in Russian Far East.

The Port of Vladivostok is the terminus of TransSiberian Railway and the main sea gate of Russia in the east.

Advantageous geographical position, developed infrastructure, favorable weather conditions predetermine the important role of the Port of Vladivostok in International and cabotage traffic in Asian Pacific Rim.

The Port of Vladivostok was founded in 1897. Up to 1991 the port was a wholly state-owned company, since 1991 the port being a joint-stock company.

The state’s role is to provide maritime security, regulate tariff policy. The port is the owner of the territory together with its infrastructure. The port itself lures cargo flow, offers customer-made solutions, arranges the cargo operations.

Currently the state announced the decision-making on carrying out the experiment, the crux of the matter is to exclude the port from the list of the entity of natural monopolies for the time period of 1 year, that will make it possible for the port to conduct independently the tariff policy.

The port operates 18 berths with total length of 4,335 m with the depth alongside ranging from 9 m to 13 m.

Natural approach depth is 20m-30m.

The Passenger Terminal located on Berths № 1-2 accommodates cruise ships.

The Container Terminal with total quay length of 361 m is located on Berths №16 and № 17. Its annual container handling capacity amounts to 150,000 TEUs.

The other berths are multipurpose ones and designed for handling a wide range of cargo nomenclature (metal and forest products, pulp, cars).

All the berths are equipped with cranes with 10-tonne over 100-tonne lifting capacity, which make it possible to handle heavy lifts.

The park of lift trucks, tractors and other cargo gear is 135 units with lifting capacity ranging from 1,5-tonne to 32-tonne.

There is available Big Bag Filling System with capacity of 1,500 tones per day.

There are sheds and open storage area with total area of 57,905 sq.metre and 71,700sq.metre respectively. The Port of Vladivostok also has available two 5,000-cubic meter capacity refrigerating warehouses each, warehouses for cars and vehicles with a capacity of 2,000 units. The forward-looking plan envisages the construction of multi-storey warehousing facility with a capacity of 1,000 cars.

Total length of railway tracks to the warehouses and the berths is 28 km. The port railway station has available the modern park of locomotives for delivery and removal of rail wagons to on-dock rail yard and for maneuvering operations. The railway station capacity is 1,400 wagons, there are being handled up to 430 wagons a day. The share of cargo arrived and dispatched by the railway is 80%.

The turnover of the port is more than 7 mln. tonnes a year. The port handles about 3,000 vessels and 120,000 rail wagons per year.

On the average 20,000 tonnes of cargo, 7 ships and 350 wagons are being handled in the port daily.

The major partners of the port (this year’s geography of cargo flow) are China and Taiwan (Dalian, Changshu, Shanghai, Kaohsiung - 43%), South Korea (22%), Thailand (10%), Japan (8%), Philippines (6%), Viet Nam (5%), Indonesia (2%), USA (1%), Singapore (1%).

The main cargo handled in the port are non-ferrous metals (56%), containerized cargo (10%), oil products (4%), pulp&paper (4%), metal scrap (3%), cars (3%), bulk cargo (grain and sugar –2%), forest products (2%), others (2%).

There are operating 5 International shipping lines via the port destined to South Korea, Viet Nam and Japan and 3 cabotage lines bound to Sakhalin, Kamchatka and Chukota.

The Port of Vladivostok is connected with the central regions of the country and the European countries by TransSiberian Railway. Containers are delivered by road to the Far East and Siberia hinterland as well as border provinces of China.

The Port of Vladivostok is 220km far from border checkpoint Grodekovo-Suifenhe and 800km far away Harbin (Heilongjiang province) that allows the port to conduce the development of trade between North-Eastern Chinese provinces and US West Coast ports, Korea and Japan. Cargo carriage through the port of Vladivostok is more advantageous and faster as compared with the distance and transportation costs of the traditional routes.

Container Terminal development is a bright spot in the development strategy of the Port of Vladivostok.

There is available the Oil Terminal in the port (length of 150 metre and depth of 10.5 metre) where light and dark oil products are being handled. When reconstruction and modernization completed, its capacity throughput will enhance to 1.5 mln. tonnes per year.

Now the Port of Vladivostok is being involved in Logistics supply chain center construction project. The terminal is located 40 km far from the port and railway station of Vladivostok, 8 km from airport and 2 km from trunk-road Vladivostok-Moscow and 180 km from border checkpoint Grodekovo-Suifenhe. Terminal area is 15 ha and it has enough room to be expanded up to 25 ha. Estimated value is US.$18.4 m. The terminal will be involved in the formation of rolling stock directed to the corresponding berths in the ports of Far East, as well as the creation value-added services for the customers.

The Port of Vladivostok provides the vessels with one-stop shop services, including state-of the-art Vessel Traffic Management Service Center, mooring services, pilotage, provision with water, fuel, shipchandler and other services.

There are available offices of Customs, Quarantine and Immigration Services in the port. The safety and security of cargo during its handling and being at the territory of the port is secured by special security guard.

The port departments carry out the effective planning of vessels, wagons handling, effect control over their handling, cargo acceptance and release, as well as proper cargo storage in the sheds and open storage areas.

The Commercial Port of Vladivostok widely employs state-of-the-art IT, which help make decision on the interaction between partners and customers of the port as well as efficient performance.

Today the staff of the Commercial Port of Vladivostok and the companies providing services in the port amounts to 4,500 persons. Good performance of the port wouldn’t be possible without hard and relentless work of the suitably trained personnel and their commitment to provide high level quality services to the customers.

The detailed and updated information concerning the structure and activity of the port and companies in the port, shipping lines, vessels schedule, rates and tariffs, requirements for cargo documentation is posted at www.vmtp.ru.

The Port of Vladivostok is a member of the International Association of Ports and Harbors, as well as Russian Association of Ports.

The Port of Vladivostok develops and maintains sister-port relations with the ports of Dalian (China), Tacoma (the USA), Niigata and Fushiki-Toyama (Japan).

Welcome to the Port of Vladivostok!


Т.E. Gromuk

I.F. Umanets