scholarly journals Reasonable or objective term in criminal proceedings?

2021 ◽  
Vol 108 ◽  
pp. 04013
Author(s):  
Svetlana Valentinovna Medvedeva ◽  
Aleksey Mikhailovich Popov ◽  
Olga Petrovna Kopylova ◽  
Elena Vasilyevna Burtseva ◽  
Andrey Vladimirovich Seleznev
Keyword(s):  
Russian Federation ◽  
Preliminary Investigation ◽  
Point Of View ◽  
Criminal Proceedings ◽  
The Russian Federation ◽  
Article 5 ◽  
Improvement Of Legislation ◽  
System Approaches ◽  
Relevant Judgment

The course for the transformation of criminal proceedings held in Russia already bears certain fruit and this is stipulated by the democratic transformations taking place in the country. The prerequisite of the research of a reasonable term of criminal proceedings was the fact that the urgency of the criminal trial is of interest not only for scientists and law-makers but also for the accused, defendants, and victims, whose rights are breached in long-term criminal proceedings. The state shall guarantee the compensation of harm for the delay of terms of criminal proceedings not only to the accused and suspected but also to the victims. For this, it is necessary to use certain criteria that explain what terms should be considered reasonable. When writing the article, the authors used the methods of analysis, synthesis, logical and system approaches. As the study of the problem was performed by the authors from the point of view of the two aspects of its understanding – from the scientific point of view and administration of law, eventually the chosen methods allowed reaching the set objective of the research – to reveal the peculiarities of a reasonable term of criminal proceedings and also to develop suggestions for the improvement of legislation in the field under consideration. The authors believe that the preliminary investigation and the trial should determine the acceptable or objective term of criminal proceedings to deliver a fast, legal, and relevant judgment upholding by this the rights of all participants in the process. Basing upon the issue declared, the authors analyze the concept of a reasonable term in criminal proceedings, how it is implemented in practice, and propose to legislate the concept of the reasonable term in Article 5 of the Russian Federation Code of Criminal Procedure.

SYNERGY OF MULTIDISCIPLINARY APPROACHES FOR THE EFFECTIVE IMPLEMENTATION OF THE VERIFICATION PROCESS ILLEGALLY HARVESTED WOOD

2020 ◽  
Vol 16 (06) ◽  
pp. 57-64
Author(s):  
MARINA BULGAKOVA ◽  
Keyword(s):  
Synergistic Effect ◽  
Russian Federation ◽  
Point Of View ◽  
Forensic Identification ◽  
Illegal Logging ◽  
Criminal Proceedings ◽  
Environmental Orientation ◽  
Verification Methods ◽  
The Russian Federation ◽  
Material Evidence

Modern technologies, digitalization and the formation of a new stage of industrialization, called «industrialization 4.0» in the absence of achieving the final goals of the previous stages of transformation, testify to the rapid and multidirectional flow of transformations in society. Despite the desire to unite a tremendous amount of information, each science, discipline, industry, production, etc., is changing based on an individual vector of development, remaining within the framework of digitalization mechanisms recommended by law. This generally does not contribute to the formation of a synergistic effect in certain activities. In this article, the author considers the possibilities of interdisciplinary methods to counter illegal logging through synergy of wood verification methods. The analysis of illegal logging from the point of view of violation of the rights of the Russian Federation, as the owner of the resource, and wood, as material evidence, the storage of which is impossible in a criminal case, together with the results of surveys, allowed the researcher to form and graphically present a mechanism for the implementation of material evidence (wood), identify problematic issues and propose possible ways to resolve them with an emphasis on reducing procedural costs and developing criminal proceedings. The author's definition of the term «wood verification» is proposed, the classification of methods (dendrochronological, forensic identification (including tracological, botanical, forest-pathological, forestry), visual, odorological, stable isotopes, genetic), as well as their characterization. The study concludes with a conclusion on the advisability of transforming the approaches used by some units of the internal affairs bodies of the Russian Federation in order to achieve a synergistic effect in the process of verifying illegally harvested wood and countering criminal encroachments of an environmental orientation.

scholarly journals TO THE QUESTION ABOUT THE CONCEPT «PROCEDURAL COSTS IN CRIMINAL PROCEEDINGS»

Issues of Law ◽  
2020 ◽  
Vol 20 (4) ◽  
pp. 89-93
Author(s):  
S.M. Darovskikh ◽  
◽  
Z.V Makarova ◽  
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Procedure ◽  
Constitutional Court ◽  
Criminal Proceedings ◽  
Procedure Code ◽  
Procedural Costs ◽  
The Russian Federation ◽  
Definition Of ◽  
Article 5

The article is devoted to the issues of formulating the definition of such a criminal procedural concept as «procedural costs». Emphasizing the importance both for science and for law enforcement of clarity and clarity when formulating the definition of criminal procedural concepts, the authors point out that the formulation of this concept present in the current Criminal Procedure Code of the Russian Federation is far from being improved. Having studied the opinions on this issue of the Constitutional Court of the Russian Federation, a number of procedural scholars, the authors propose their own version of the definition of the concept of «criminal procedural costs» with its allocation in a separate paragraph of Article 5 of the Criminal Procedure Code of the Russian Federation.

scholarly journals ‘Rules of the game’ in cross-border cooperation: legal-administrative differences in Finnish–Russian crime prevention

2016 ◽  
Vol 84 (2) ◽  
pp. 354-370 ◽  
Author(s):  
Anna-Liisa Heusala ◽  
Jarmo Koistinen
Keyword(s):  
Crime Prevention ◽  
Russian Federation ◽  
Preliminary Investigation ◽  
Political Commitment ◽  
Dominant Form ◽  
Cross Border ◽  
The Russian Federation ◽  
Cross Border Cooperation

The article illuminates the dynamics of bilateral cross-border cooperation between two vastly different legal-administrative partners. The analysis utilizes empirical findings of a case study on bilateral Finnish–Russian crime prevention cooperation. Currently, both the differences in national legislations and the fast-changing administrative environment make this cooperation challenging. The case study showed that bilateral cooperation, which is the dominant form of cooperation between EU member states and Russia, is currently affected by disjointed and even competing multilateral and bilateral structures, differences in criminal law and procedure, gaps between international treaties and national legislation, local and regional variations of practices, weak institutional trust and abrupt policy changes. The results indicate that the effectiveness of cross-border networks cannot be assessed strictly in terms of quantitative outcomes. Further long-term development of the cooperation requires both realistic understanding of legal-administrative constraints and strong commitment at the national and supranational political levels. Points for practitioners Future long-term development of cross-border crime prevention cooperation between EU member countries and the Russian Federation requires more flexible crime prevention instruments and institutionalization of joint investigation teams. The optimal model in joint criminal investigations with Russian authorities could be one where the evidence of the protocol of the preliminary investigation could be acquired through direct regional connections between authorities. In practice, this requires a much stronger practical trust between different levels of authorities in the EU member countries and the Russian Federation, reconciliation of differences in national legislations and long-term political commitment at the highest level.

scholarly journals THE OBSTRUCTION OF THE ADMINISTRATION OF JUSTICE AND PRELIMINARY INVESTIGATION: PROBLEMS OF THE OBJECT AND THE OBJECTIVE SIDE

2018 ◽  
Vol 2 (2) ◽  
pp. 97-105
Author(s):  
Alexandra Vladimirovna Boyarskaya
Keyword(s):  
Russian Federation ◽  
Complex Analysis ◽  
Preliminary Investigation ◽  
Legal Protection ◽  
Criminal Procedure ◽  
Criminal Code ◽  
The Body ◽  
Criminal Proceedings ◽  
Criminal Procedure Law ◽  
The Russian Federation

The subject. The article is devoted to the investigation of the main direct object and the circle of victims are subjected of harm by criminal acts stipulated by pts. 1, 2 of art. 294 of the Criminal Code of the Russian Federation.The purpose of the paper is to identify does the art. 294 of Criminal Code of the Russian Federation meets the other provisions of criminal procedure legislation.The methodology of research includes methods of complex analysis, synthesis, as well as formal-logical, comparative legal and formal-legal methods.Results and scope of application. The content of art. 294 of the Criminal Code of the Russian Federation does not comply with the provisions of the criminal procedure law. The discrep-ancy lies in terms of the range of participants in criminal proceedings and the functions performed by them, as well as the actual content and correlation of such stages of criminal proceedings as the initiation of criminal proceedings and preliminary investigation. In addi-tion, the current state of art. 294 of the Criminal Code of the Russian Federation does not take into account the ever-widening differentiation of criminal proceedings.The circle of victims listed in pt. 2 of art. 294 of the Criminal Code of the Russian Federation should be supplemented by such participants in the criminal process as a criminal investi-gator, the head of the investigative body, the head of the inquiry department, the head of the body of inquiry. At the same time, the author supports the position that the criminal-legal protection of the said persons should cover not only their activities at the stage of preliminary investigation, but also of the entire pre-trial proceedings as a whole.The circle of criminal acts provided for in art. 294 of the Criminal Code of the Russian Fed-eration, should also be specified with an indication of encroachment in the form of kidnapping, destruction or damage to such a crime as materials of criminal, civil and other cases, as well as material evidence.Conclusions. The content of art. 294 of the Criminal Code of the Russian Federation does not comply with the provisions of the criminal procedure law. The author formulates the conclusion that the circle of victims listed in pt. 2 of art. 294 of the Criminal Code should be broadened and joins the position that the criminal-legal protection of these persons should cover not only their activities at the stage of preliminary investigation, but also of the entire pre-trial proceedings as a whole.

scholarly journals ON SOME COMMENTS ON THE NORMATIVE FORMULATIONS FOR THE PURPOSE OF CRIMINAL PROCEEDINGS

2021 ◽  
Vol 17 (1(63)) ◽  
pp. 127-133
Author(s):  
Виктор Николаевич ГРИГОРЬЕВ
Keyword(s):  
Russian Federation ◽  
Justice System ◽  
Preliminary Investigation ◽  
Criminal Procedure ◽  
Criminal Proceedings ◽  
Procedure Code ◽  
Legal Situation ◽  
Law Enforcement Officials ◽  
The Subject ◽  
The Russian Federation

The purpose of Russian criminal proceedings, which is very important among the modern social and legal institutions, is nevertheless deficient in its legal and regulatory form. It is noted that in the modern situation, some formulations of the purpose of criminal proceedings have come into conflict with the real social and legal reality. Purpose: to resolve contradictions between the formulations of the purpose of criminal proceedings and the actual social and legal reality. Methods: the author uses the methods of dialectical and formal logic, comparison, description, observation, interviewing, experiment, analysis, interpretation. Results: a theoretical basis has been developed for the choice, in the event of a conflict between the formulations of the purpose of criminal proceedings and the actual social and legal situation, of whether to change the normative formulation of the purpose of criminal proceedings or whether to change the procedure itself. In choosing the subject of reform, preference is given to traditional Russian values. Modern trends in Russian criminal proceedings do not fully reflect the needs of civil society in the Russian Federation. It is more accurate to assume that this is the result of a system of departmental and bureaucratic measures to distribute influence and burden. From a humanitarian standpoint, it would be more correct to return the criminal justice system to a state where it will again reflect the lost purpose, in particular, protecting individuals from unlawful accusations. The first step should be to remove from law enforcement officials the obligation to be unilateral in the examination of evidence and to represent only one party – the accusation (Chapter 6 of the Criminal Procedure Code of the Russian Federation), as well as to remove the normative prohibition for the preliminary investigation and inquiry bodies to gather evidence defending the accused (Part 2 article 15 of the Criminal Procedure Code of the Russian Federation).

scholarly journals Is Formal Legal and Objective (Material) Truth Reconcilable in the CCP RF?

2019 ◽  
pp. 61-66
Author(s):  
Gennady Pechnikov ◽  
Vladimir Shinkaruk ◽  
Natalia Solovyova
Keyword(s):  
Russian Federation ◽  
Cognitive Activity ◽  
Point Of View ◽  
Type Model ◽  
Criminal Proceedings ◽  
Philosophical Approach ◽  
Criminal Process ◽  
Objective Truth ◽  
The Russian Federation ◽  
History Of Culture

The article critically evaluates the point of view on the coexistence of formally legal truth and objective (material) truth in today's Criminal Code of the Russian Federation, it also criticizes the position that there are no criteria that clearly distinguishing these truths and that the philosophical approach should not be disseminated on the criminal process, which should be taken autonomously from philosophy. The article defends the point of view that in the present Criminal Procedure Code of the Russian Federation competition is selfsufficient and excludes objective truth. Adversarial criminal process is characterized by formal legal truth, and objective truth requires a fundamentally different type (model) of criminal proceedings - an objectively true criminal process. The authors consider this model of criminal proceedings to be a higher, more perfect and fair type of criminal proceedings, in contrast to the adversarial (winning-losing) type of criminal process, in which the "right and fairness of the strong" prevails.The authors of the article firmly stand on the philosophy of the materialist dialectic; they believe that a philosophical approach is also necessary in the criminal process. In this regard, there are dialectical and non-dialectical (not taking into account the objective laws and rules of dialectics) criminal processes. Relativism of the adversary criminal process, its susceptibility to sophistry are obvious. Therefore, in a competitive duel of the parties, it is important to be more convincing in your arguments than your procedural opponent. We see an objectively-true model of the criminal process as a higher, more perfect and more equitable type of criminal proceedings. The intention of truth and the belief in the ability to prove it give a moral meaning to cognitive activity, whereas indifference to it was perceived throughout the history of culture as a threat to the moral existence of society.

scholarly journals Concept of Digital Evidence, Current Status and Its Role in the Evidentiary Process

2020 ◽  
Vol 15 (4) ◽  
pp. 55-60
Author(s):  
A. Yu. Cherdantsev
Keyword(s):  
Russian Federation ◽  
Preliminary Investigation ◽  
Legal Regulation ◽  
Current Status ◽  
Digital Evidence ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Significant Information ◽  
Current State ◽  
The Russian Federation

The article analyzes the international current state of the concept of digital evidence, its meaning, types and role in the process of proving in criminal cases in the practical activities of the preliminary investigation bodies of the Russian Federation, considers some problems arising in law enforcement practice, suggests the author's classification of modern digital traces, studies and compares international practice governing the practical application of digital evidence, their concept and content. The problem of gaps in the legal regulation of digital evidence is considered, as well as the possibility of introducing amendments to the current legislation concerning the legal recognition of digital evidence along with traditional types of evidence, as well as the regulation of the use of digital evidence in criminal proceedings, and a proposal is made to introduce a number of amendments to the current legislation of the Russian Federation, where it is necessary to secure definitions of digital evidence, thus legalizing it, stating in the following re At the same time, it is noted that there is no need to introduce a separate article to regulate digital (electronic) evidences, because it is rather difficult to determine the volume of digital (electronic) evidences (digital criminally significant information), at least because there is no unanimity in this respect and there was no unanimity, besides, due to the dynamic development of electronics, including personal ones, this norm quickly lost its relevance and required amendments, creating a certain gap in legal regulation, which is more complicated.

scholarly journals Termination of a criminal case (criminal prosecution) as a result of voluntary compensation for damage caused by a crime in the russian criminal court legal proceedings

2021 ◽  
Vol 7 (3B) ◽  
pp. 645-651
Author(s):  
Artem Igorevich Neryakhin ◽  
Dmitriy Aleksandrovich Ivanov ◽  
Vasily Dzhonovich Potapov ◽  
Denis N. Stacyuk ◽  
Tatiana Ivanovna Bondar
Keyword(s):  
Russian Federation ◽  
Criminal Liability ◽  
Preliminary Investigation ◽  
Criminal Code ◽  
Criminal Court ◽  
Criminal Case ◽  
Criminal Prosecution ◽  
Criminal Proceedings ◽  
The Russian Federation ◽  
Compensation For Damage

The authors study the controversial issues of termination of a criminal case (criminal prosecution) on the condition of voluntary compensation for the damage caused by the crime by the suspect (accused) during the preliminary investigation. The thesis is proved that in Russian criminal proceedings the procedure for voluntary compensation for damage caused by a crime is quite clearly regulated, and if the suspect (accused) voluntarily compensated for the property damage caused, then their actions will be evaluated within the current legal framework, when the fact of compensation for damage creates grounds for exemption from criminal liability and termination of the criminal case (criminal prosecution) in accordance with Articles 75, 76, 761, 762 of the Criminal Code of the Russian Federation, Articles 25, 251, 28, 281 of the Criminal Procedure Code of the Russian Federation.

scholarly journals Establishing the circumstances to be proven during verification of tax crime reports

2021 ◽  
Vol 118 ◽  
pp. 03005
Author(s):  
Gaisa Mosovich Meretukov ◽  
Aleksander Aleksandrovich Tushev ◽  
Aleksander Yuryevich Korchagin
Keyword(s):  
Russian Federation ◽  
Preliminary Investigation ◽  
Scientific Work ◽  
Criminal Code ◽  
Criminal Proceedings ◽  
Joint Activities ◽  
The Subject ◽  
The Russian Federation ◽  
Definition Of ◽  
Crime Reports

The primary purpose of this scientific work is to study the specifics of initiating criminal cases on crimes under Articles 198, 199, 199.1, 199.2, 199.3, and 199.4 of the Criminal Code of the Russian Federation following current legislation. Using methods of analysis of legislation, published scientific works on the subject, legal comparison, study of practical activities of investigation bodies, the article developed scientific provisions and practical recommendations, which can be used in criminalistics and the activities of investigation bodies. In accordance with subparagraph “a” of paragraph 1 of part 1 of Article 151 of the Criminal Code of the Russian Federation, these crimes are investigated by investigators of the Investigative Committee of the Russian Federation. The reasons for initiating a criminal case can be both reports from the inquiry and the tax authorities (Part 7-9 of Article 144 of the Criminal Code of the Russian Federation). Another result of the work considered the joint activities of these bodies to establish the event and traces of the crime during the verification of tax crime reports and the conclusions obtained during the analysis of the applied forensic methods and means during such verification. The novelty of the work lies in the definition of the circumstances included in the subject of proof, which can be established in deciding the issue of initiation of criminal proceedings for this category of crimes. It also substantiates the problems that arise during the verification of messages. The results and novelty of the study will allow optimizing the activities of the bodies of preliminary investigation and inquiry.

scholarly journals Investigative authority in foreign criminal proceedings

2020 ◽  
pp. 150-154
Author(s):  
Regina Toshtemirova
Keyword(s):  
United States ◽  
Federal Republic ◽  
Russian Federation ◽  
United States Of America ◽  
Preliminary Investigation ◽  
The United States ◽  
Federal Republic Of Germany ◽  
Criminal Proceedings ◽  
The Russian Federation

The article is devoted to identifying the features of the preliminary investigation of crimes and the scope of powers of authorized persons in the Federal Republic of Germany and the United States of America in order to compare with the existing system of justice in the Russian Federation.

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