scholarly journals The age psychology of minors as a factor determining the features of the preliminary investigation of criminal cases involving them

Author(s):  
Nikolay Gorach ◽  
Juliana Galkina

The age psychology of minors is considered as a factor determining the features of the preliminary investigation of criminal cases involving them. The article deals with issues related to the age psychology of minors, the object of which are the laws, patterns and trends of change in the human psyche, his behavior, life and personality throughout his life. At the same time, it is noted in the legal literature that most crimes committed by minors are due to age-related motivational specifics, committed on the basis of mischief, a misinterpreted sense of camaraderie and romance, the desire for self-affirmation, imitation of both adults and peers who enjoy authority. The behavioral basis of juvenile offenders is formed under the influence of a number of factors, knowledge of which can be important when making tactical and procedural decisions by an investigator during pre-trial proceedings in a criminal case. The behavior of adolescents is largely related to their age characteristics, which largely determine their behavior, which can be observed, including during the preliminary investigation of criminal cases involving them. Thus, knowledge of the peculiarities of age psychology can make it possible to determine the most effective measures of educational work aimed at correcting behavior, correcting and re-educating juvenile offenders. It is these goals that the legislator takes into account, establishing the specifics of the proceedings both in cases of crimes committed by minors and the regulation of investigative actions involving minor victims and witnesses. The peculiarities of the age psychology of minors must also be taken into account when choosing the tactics of investigative actions carried out with their participation, since this is one of the necessary conditions for achieving the goal of the investigative action and the preliminary investigation as a whole.

Author(s):  
Александр Валентинович Черезов

В статье рассматриваются актуальные проблемы реализации уголовно-процессуальных полномочий органов и учреждений УИС в стадии возбуждения уголовного дела. В частности, рассмотрена проблема и дано определение компетенции органов дознания и предварительного следствия, предусмотренной УПК РФ. Исследован объем уголовно-процессуальных прав и обязанностей органов дознания и следствия, а также оперативных подразделений УИС в системе иных органов дознания и следствия. Проведен анализ порядка принятия решений уполномоченными должностными лицами ФСИН России при проверке сообщений о преступлениях, выражено мнение о том, что они вправе принимать только одно решение: о передаче сообщения о преступлении по подследственности и в исключительных случаях возбуждать уголовные дела в порядке, предусмотренном ст. 157 УПК РФ. Рассмотрены причины, на основании которых законодатель уменьшил полномочия оперативных подразделений ФСИН России как органа дознания. Рассмотрены актуальность применения ст. 157 УПК РФ в части возбуждения уголовных дел и проведения по ним неотложных следственных действий, а также роль начальников органов и учреждений УИС в их проведении. На основании рассмотренных проблем подведен итог о нечеткой регламентации процессуальных полномочий органов и учреждений ФСИН России в уголовно-процессуальном законе и подзаконных актах на стадии возбуждения уголовного дела. The article deals with the actual problems of implementation of the criminal procedure powers of the criminal procedure authorities and institutions at the stage of criminal proceedings. In particular, we consider the problem and the definition of the competence of bodies of inquiry and preliminary investigation under code of criminal procedure. The volume of criminal procedure rights and obligations of operational divisions of the criminal investigation department in the system of other bodies of inquiry and investigation is studied. The analysis of the procedure for decision-making by authorized officials of the Federal Penitentiary Service of Russia when checking reports of crimes is carried out. The reasons why the legislator reduced the powers of operational divisions of the Federal penitentiary service of Russia as a body of inquiry are considered. The relevance of the application of article 157 of the criminal procedure code of the Russian Federation in terms of criminal cases and conducting urgent investigative actions on them, as well as the role of the heads of criminal investigation bodies and institutions in their conduct, were reviewed. Based on the problems discussed, the author summarizes the lack of regulation of the procedural powers of the Federal Penitentiary Service bodies and institutions in the criminal procedure law and by-laws at the stage of initiation of a criminal case.


2021 ◽  
pp. 57-61
Author(s):  
В.О. Захарова

Автором проанализированы основные положения участия переводчика в уголовном судопроизводстве. Даны рекомендации по осуществлению взаимодействия следователя с переводчиком. Приведены типичные ошибки, возникающие при участии переводчика в уголовном судопроизводстве и даны рекомендации по осуществлению взаимодействия переводчика со следователем. The author analyzes the main provisions of the interpreter’s participation in criminal proceedings. Recommendations are given on the implementation of the interaction of the investigator with the translator. Typical errors that occur with the participation of an interpreter in criminal proceedings are presented and recommendations are given for the interaction of an interpreter with an investigator.


2021 ◽  
Vol 58 (1) ◽  
pp. 1043-1049
Author(s):  
Ziyoda Yakubovna Turabaeva

Significant work is currently being done around the world to protect the rights of the child, pay special attention to the upbringing of minors, create the necessary conditions for them to organize their time properly, take measures to prevent them from interfering in crime and to impose penalties and impunity on juvenile offenders. In this article analyzed features of inflicting of penalties to a juvenile, peculiarities of criminal prosecution of minors, improving institutions which discharge from liability and penalty based on international experience, in particular, convicting other noncustodial penalties and other legal measures at the period of COVID-19 and further development, introducing special principles for juvenile in criminal law, the impact of punishments imposed on juvenile offenders, As well as, issues of prevention and prophylaxis of youth delinquency, measures should be taken to prevent youth delinquency, problems and solutions on this field, reforms, the forms and methods of work of government agencies involved in the prevention of delinquency among young people, causes and conditions of juvenile systemic crime, domestic legislation on prevention and prophylaxis of youth delinquency and peculiarities of appointing punishment to minors are studied. The following article expresses a number of suggestions for improving the legislation system of juvenile delinquency, features of imposing them punishment and release of them from punishment. 


Author(s):  
Dmitriy V. Bondarev

We consider current issues related to the prosecution of persons guilty of committing crimes in the field of illegal circulation of narcotic drugs, psychotropic, potent and poisonous substances. We analyze the problematic moments that arise at the final stage of the investigation of criminal cases of this category, in particular, upon notification of the end of the preliminary investigation and at the stage of familiarization with the materials of the criminal case on crimes related to the illegal circulation of narcotic drugs and psychotropic substances. We pay attention to the gaps in modern legislation in the area under consideration, we have made suggestions for its im-provement.


2018 ◽  
Vol 50 ◽  
pp. 01240
Author(s):  
Aleksei Parfenov

This paper addresses the topical issues that arise in the process of preliminary investigation and initial operations and investigations related to collecting and obtaining evidence. In particular, the study raises the problematic questions about the nature and goals of technical and criminalistic support of the forensic experts’ research activities during crime scene investigation while specifying relevant statistical data. The author provides an analysis of the state of usage of the forensic equipment employed in obtaining and collecting evidence during crime scene investigation during preliminary investigation in the Republic of Tajikistan and other countries. The paper also covers the issues of knowledge, skills, and abilities of the subjects collecting and obtaining evidence for criminal cases and determines the requirements to to the knowledge, skills, and abilities of the forensic experts who participate in crime scene investigation.


Author(s):  
T. Yu. Vilkova

The article shows the main models of building pre-trial proceedings in the Russian Federation and foreign countries, analyzes the provision of access to justice in each of the models. A number of measures have been proposed to build pre-trial proceedings in criminal cases that effectively ensure access to justice, including abandoning the stage of initiating a criminal case and keeping a countdown of the preliminary investigation from the moment of registration of a crime report, conducting pre-trial cognitive activity (investigation) under the guidance of a prosecutor, and bringing charges by the prosecutor.based on the results of the investigation, granting participants who are not vested with authority the right to apply to the court to deposit evidence and to assist the court in protecting their interests in connection with the refusal of the preliminary investigation body to satisfy motions related to the process of proving, the introduction of effective simplified and accelerated procedures in pre-trial proceedings, the establishment of digital interaction between government agencies and the population through a single secure digital online platform; creation of a mechanism for filing reports of crime through a special online service integrated into the specified digital platform.


2011 ◽  
Vol 39 (6) ◽  
pp. 1770-1774 ◽  
Author(s):  
Alice L. Ye ◽  
Needhi Bhalla

Aging was once thought to be the result of a general deterioration of tissues as opposed to their being under regulatory control. However, investigations in a number of model organisms have illustrated that aspects of aging are controlled by genetic mechanisms and are potentially manipulable, suggesting the possibility of treatment for age-related disorders. Reproductive decline is one aspect of aging. In model organisms and humans of both sexes, increasing age is associated with both a decline in the number of progeny and an increased incidence of defects. The cellular mechanisms of reproductive aging are not well understood, although a number of factors, both intrinsic and extrinsic to an organism's germline, may contribute to aging phenotypes. Recent work in a variety of organisms suggests that nuclear organization and nuclear envelope proteins may play a role in these processes.


Author(s):  
A. N. Khalikov

The article considers the purpose of criminalistics as an objective science. The author briefly analyzes the definitions of the subject of criminology proposed by scientists in different years. At the same time, the General trend becomes obvious — the monopolization of criminology by law enforcement agencies. With reference to the position of the Patriarch of Russian criminalistics R. S. Belkin, the author expresses his opinion that criminalistics cannot and should not serve only state law enforcement agencies. The results of forensic research can be successfully used in criminal cases by the defense party-lawyers and other representatives of suspects and accused. The article provides examples when abuses by the preliminary investigation bodies with reference to the use of criminalistics provisions led to judicial errors and bringing innocent persons to criminal responsibility. Only in court, when using the evidence presented by the parties to the defense and prosecution, obtained, including through the use of recommendations of forensic science, a criminal case can be fairly resolved. 


2019 ◽  
Vol 50 (07) ◽  
pp. 08-13
Author(s):  
Parvana Rzayeva

In 1923, with the aim of furthering the promotion of political, social and cultural-educational work among women in Azerbaijan, the monthly, literary-art, socio-political journal “The East Woman” has begun to be published. “The East Woman” journal had to struggled on the most difficult and hardest issues in its early days, it is possible to concentrate this fight mainly around three tasks. The first of these is to save working Turkish women from Sharia, religion and superstition, old traditions, to get them out of the narrow family life and to fight decisively with all appearing forces for the sake of the ability to assimilate their true freedoms; secondly, propagate and encourage them to attract Azerbaijani women captured for centuries under the charism regime, deprived of their rights and freedoms, to new public living quarters, factories and plants, cultural and educational front, the work of council structure; the third was to struggle to create the necessary conditions for women to work properly on the new front. “The East Woman” journal commented on the history, the origin and the content of the work of Maternity and Child Protection in Azerbaijan providing articles of various content relating to the protection of mothers and infants from the first issue. In some articles an advice was given to mothers, an information on maternal and child health was conveyed and fight measures were shown. It was spoken about how to cherish, to feed, to educate children and other issues in the period from birth to the age of kindergarten . In other group articles news about work, measures done in connection with the above mentioned issues was reflected. Thus, research shows that “The East Woman” journal provides extensive information on the creation of maternity and child protection and its responsibilities in Azerbaijan. The journal has conducted great pedagogical propaganda by publishing information, news, materials giving scientific knowledge about nurseries, kindergartens, child care offices, maternity hospitals, children's hospitals, etc. in its pages.


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