scholarly journals THE CONCEPT OF THE POWERS OF THE PROSECUTOR IN THE EXERCISE OF PROSECUTORIAL SUPERVISION OF THE CRIMINAL PROCEDURAL ACTIVITIES OF THE BODIES OF INQUIRY

2021 ◽  
pp. 20-24
Author(s):  
D.A. Emelyanova ◽  
K.A. Sinkin
Keyword(s):  
Public Authority ◽  
Final Conclusion ◽  
Criminal Proceedings ◽  
Binding Force ◽  
Form Of Expression

The article deals with the issues of the concept of the powers of the prosecutor in the exercise ofprosecutorial supervision of the criminal procedural activities of the bodies of inquiry. The authors havecome to the following conclusions. The powers of a prosecutor in criminal proceedings are a set of his rightsand obligations provided for by criminal procedural norms aimed at implementing his functions in criminalproceedings in order to achieve his appointment. In essence the powers are a form of expression of the willof the prosecutor as a public authority. An important feature of the concept of «prosecutor’s authority» is thatit can be defined and established only in a law or other normative legal act that has binding force. Often in the special literature the concepts of powers and legal means of the prosecutor are interpreted as equivalent.In the opinion of the authors it is wrong to identify these concepts. The powers represent the rights of theprosecutor provided for by law. In fact these are the possibilities of the prosecutor regulated by law. Thepowers of the prosecutor are broader than legal means since they cover a larger range of prosecutorialactivities. As a final conclusion the authors define the powers of the prosecutor in the supervision of thecriminal procedural activities of the bodies of inquiry which is understood as the totality of his rights andobligations provided for by criminal procedural norms aimed at the implementation of his functions incriminal proceedings in order to achieve his appointment

CONCERNING THE STRUCTURE OF PUBLIC LEGAL INTEREST IN CRIMINAL COURT PROCEEDINGS

2021 ◽  
pp. 26-30
Author(s):  
Алексей Викторович Дашин ◽  
Петр Михайлович Малин ◽  
Алексей Васильевич Пивень
Keyword(s):  
Preventive Measures ◽  
Criminal Court ◽  
Public Authority ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
The Public ◽  
House Arrest ◽  
Legitimate Interest ◽  
Court Proceedings ◽  
Constituent Elements

В статье анализируется структура публичного законного интереса в уголовном судопроизводстве, входящих в него элементов на примере института домашнего ареста. Авторская модель публичного законного интереса участников уголовного процесса «привязана» к стадийности и может распространяться не только на вопросы, связанные с мерами пресечения. По мнению авторов, публичный законный интерес в контексте рассматриваемой проблемы воплощается в жизнь на основе нормативно установленного действия, содержащего конкретно сформулированные правила, устанавливающие четко определенные права и обязанности участников правоотношений. Данная деятельность сопряжена с определенными этапами (стадиями), которые в той или иной степени характерны соответствующей мере пресечения, и возможна в той стадии, где осуществляется оценка действий, предпринятых должностным лицом, осуществляющим производство по уголовному делу. Реализация публичного законного интереса, заявленного следователем, дознавателем на избрание домашнего ареста, зависит от того, как соответствующие устремления оценят другие должностные лица - руководитель следственного органа, прокурор (не обладающие правами реализации публичного законного интереса), то есть от их усмотрения. Законодатель не предоставляет следователю, дознавателю возможность «непосредственно» обратиться в суд - участнику процесса, наделенному правом реализовать их устремление на избрание меры пресечения. Подобные «преграды» не предусмотрены в законе для иных участников уголовного процесса, не наделенных публичной властью и стремящихся реализовать свой законный интерес. The article analyzes the structure of public legitimate interest in criminal proceedings, its constituent elements on the example of the institution of house arrest. The author's model of the public legitimate interest of participants in the criminal process is «tied» to the stage and can extend not only to issues related to preventive measures. According to the authors, public legitimate interest in the context of the problem under consideration is brought to life on the basis of a normatively established action containing specifically formulated rules establishing clearly defined rights and obligations of participants in legal relations. This activity is associated with certain phases (stages) that are more or less characteristic of the corresponding measure of restraint, and is possible at the stage where the actions taken by the official conducting the criminal proceedings are evaluated. The realization of the public legitimate interest declared by the investigator, the investigating officer for the election of house arrest depends on how the relevant intentions will be evaluated by other officials - the head of the investigative body, the prosecutor (who do not have the rights to realize the public legitimate interest), i.e. on their discretion. The legislator does not give the investigator, the inquirer the opportunity to turn «directly» to the court - a participant in the process, entitled to realize their intentions for the election of measures of restrain. Such «barriers» are not provided in the law for other participants in the criminal process who are not endowed with public authority and who seek to realize their legitimate interest.

scholarly journals Institution of Liability arising due to Causing Harm: Current State and Ways of Improvement

2019 ◽  
pp. 68-78
Author(s):  
L. K. Ostrikova
Keyword(s):  
Law Enforcement ◽  
Civil Law ◽  
Public Authority ◽  
Tort Liability ◽  
Criminal Proceedings ◽  
Legal Relation ◽  
Current State ◽  
Governmental Power ◽  
Definition Of

The article is devoted to the institution of obligations arising due to causing harm in the light of the reform of civil legislation and established law enforcement practice. On the basis of the effective legislation analysis, analysis of the doctrine and jurisprudence, the author explores the concept of harm. The paper provides for the classification of characteristic cases of causing harm to participants of relations regulated under civil law. It is concluded that the absence of the legal definition of the concept “harm” widely used in the Russian legislation has led to the confusion of the legal categories of “causing harm” and “causing losses” as grounds for tort liability in public sectors of legislation and jurisprudence. The paper contains the author’s classifications of types of harm caused to property. The article reveals the content of the concept of non-property (reputational) harm caused to a legal entity. A comparative study of the concepts of “harm,” “damages,” “losses” has been carried out. It is concluded that tort liability can be imposed if harm rather than losses has been caused. The author explores the issues of application of recovery if losses are caused. The author analyzes the subinstitution — obligations arising due to harm caused by acts of public authority — in the field of public administration and law enforcement. The paper examines conditions for imposing tort liability for harm caused by state bodies and local self-government bodies, as well as their officials, and features of the subject composition of tort obligations. The author draws attention to the civil law nature of legal relations arising as a result of causing harm in the field of criminal proceedings, focuses on features of tort liability for harm caused in the field of criminal proceedings and subject composition of tort liability for causing harm in the field of governmental power. The author proposes to introduce into the effective civil legislation the rule containing the definition of the concept of harm as a generic concept. It is proposed to supplement the institution of liability arising as the result of causing harm with provisions regarding a public law entity whose property may be damaged and the classification of the harm caused to the participants of legal relation regulated under civil law. It is proposed to make a number of changes and additions to the subinstitution — obligations arising as the result of harm caused by the acts of public authority.

scholarly journals An Institution of Liability for Causing Harm: A Current State and Ways of Improvement

2020 ◽  
Vol 1 (12) ◽  
pp. 43-52
Author(s):  
L. K. Ostrikova
Keyword(s):  
Civil Law ◽  
Public Law ◽  
Public Authority ◽  
Tort Liability ◽  
Criminal Proceedings ◽  
Judicial Practice ◽  
Current State ◽  
Definition Of ◽  
Damages And Losses

The concept of harm has been examined in the context of the current legislation, doctrine, judicial practice. The paper has determined characteristic cases of causing harm to the participants of relations regulated under civil law. It is concluded that the absence of a legal definition of the concept of harm has resulted in the confusion of the legal categories “causing harm” and “causing damages” as a condition for tort liability in public law and judicial practice. The author has given her own classification of types of harm and determined classification of property damage. The paper has clarified the content of the concept of non-property (reputational) harm caused to a legal entity. The paper has carried out a comparative study of the concepts harm, damages, and losses. It is causing harm rather than causing damages that gives rise to tort liability. The paper has examined the problems of application of rules on recovery of caused damages. The paper analyzes the subinstitution, namely, obligations arising as a result of harm caused by acts of public authority in the field of public administration and law enforcement. The author has determined the features of tort liability conditions for damage caused by state authorities, local selfgovernment bodies and their officials and peculiarities of their subject composition. Attention is drawn to the civil law nature of binding legal relations arising as a result of harm in the field of criminal proceedings. The author has determined the features of tort liability for damage caused by officials during criminal procedural activity, subject composition of a tort obligation. It is proposed to introduce a defining norm of the concept harm as a generic concept and norms on specific division of harm. It is proposed to make a number of changes and additions to the subinstitution of obligation due to damage by acts of public authority.

Glosa do Uchwały składu siedmiu sędziów Naczelnego Sądu Administracyjnego z dnia 22 czerwca 2020 r., sygn. akt II OPS 5/19

2021 ◽  
Vol 3(164) ◽  
pp. 199-211
Author(s):  
Angelika Kurzawa
Keyword(s):  
Public Authority ◽  
Time Limit ◽  
Final Conclusion ◽  
Final Decision ◽  
The Public ◽  
Maximum Time ◽  
Court Proceedings ◽  
Administrative Proceedings

The resolution adopted by the Supreme Administrative Court, composed of seven judges, stating that the submission of a complaint about the inactivity of a public authority after the final decision has been issued is an obstacle to the substantive examination of such a complaint by the administrative court, does not deserve approval. Complaints for inaction fulfill not only a disciplinary function, but also a repressive and preventive function. The inadmissibility of such a complaint prevents a party to administrative proceedings from pursuing claims for damages for an unlawful act/omission of the public authority, thus placing it in a worse position than the parties to court proceedings, which, even after the final conclusion of the proceedings, may seek redress for damage resulting from excessive length of court proceedings. However, recognizing the risk of abuse of a complaint for inaction several or several dozen years after the decision was issued, it is reasonable for the legislator to introduce a maximum time limit for filing a complaint correlated with the statute of limitations for damages claims.

scholarly journals Criminal Imprisonment for Criminal Offenses Insults the President after State Court Decision Number: 013-022 / PUU-IV / 2006 (Study on State Court Blora Decision Number: 47 / PID. SUS / 2017 / PN.Blora)

2020 ◽  
Vol 3 (1) ◽  
pp. 71
Author(s):  
Yustisi Yudhasmara ◽  
Umar Ma'ruf ◽  
Sri Endah Wahyuningsih
Keyword(s):  
Secondary Data ◽  
Criminal Code ◽  
The State ◽  
Court Decision ◽  
Primary Data ◽  
State Court ◽  
Final Conclusion ◽  
Criminal Prosecution ◽  
Criminal Proceedings ◽  
The Impact

The purpose of this study was to analyzing the impact of the juridical the removal of article criminal offense insult the president by the State Court Decision Number 013-022 / PUU-IV / 2006 as well as the consideration of Judges State Court of Blora in Decision No. 47 / Pid.Sus / 2017 / PN.Blora, as well as to analyze the existence of article insult the President in future be associated with the rise of social media.This study uses empirical juridical approach, the research specification descriptive. The data used in this study are primary data obtained from field studies that were analyzed qualitatively using the theory of criminal prosecution and criminal punishment, the theory of law enforcement and crime prevention theory. Then for secondary data obtained from ingredients documents or library materials.The final conclusion is that: The Impact of juridical when articles of insult against the President revoked, can damage the system in the inclusion of clauses concerning acts humiliation as a whole and also the revocation of article of insult against the President and Vice President do not have binding legal force so that their legal vacuum post the decision of the judge in the consideration while deciding the case No. 47 / Pid.Sus / 2017 / PN.Blora according to the indictment from the prosecutor. Because of Article 193 paragraph (1) of Act No. 8 of 1981 on Criminal Proceedings ( "Criminal Code") Existence of article insult the president in the future, should come up again all the rules, could reach the criminal insult the president with any form of media usedKeywords: Offense; insult the president; the State Court; RKUHP.

Theoretical Aspects of Integrating Special Investigations in the Criminal Process in the Republic of Moldova

2021 ◽  
Vol 13 (2) ◽  
pp. 17-18
Author(s):  
Boris Glavan
Keyword(s):  
Criminal Investigation ◽  
Final Conclusion ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
Special Investigation ◽  
Republic Of Moldova ◽  
Legal Nature ◽  
The Republic

This article is devoted to the issue of integrating special investigation activities in the criminal process. The paper comments on the contradictory visions regarding the researched subject. The legal nature of the special investigative measures and the results obtained from them are analysed. The final conclusion is that integrating special investigations into criminal proceedings generates serious problems that undermine respect for the rights and freedoms of participants in criminal proceedings. The issues related to carrying out special investigative measures outside the limits of the criminal investigation and capitalizing on them remain remarkably current.

scholarly journals Granice mocy wiążącej wyroków karnych w postępowaniu cywilnym

2016 ◽  
pp. 127-152
Author(s):  
Radosław Koper
Keyword(s):  
Criminal Law ◽  
Legal Regulation ◽  
Complex Problem ◽  
Legal Rule ◽  
Point Of View ◽  
Criminal Offence ◽  
Criminal Proceedings ◽  
Binding Force ◽  
Civil Proceedings ◽  
Scope Of Application

The paper is a study of binding force of criminal court’s judgement in civil proceedings, related to issue of applying of the article 11 of the Code of Civil Procedure. The aim of the paper is an attempt to delineate model boundaries of binding of criminal court’s judgement in civil proceedings, in connection with applicaton of such relevant legal regulation. The author focuses on the presentation of the most important threads arising from need to take into account factual situation related to commission of a criminal offence contained in a conviction. The existing normative regulation has been examined and its defects identified. The analysis is connected with consideration of such complex problem from the point of view of recent changes in the amending concerning criminal proceedings and criminal law too. Gathering the tesis specified in article, the author notes that regulation mentioned above doesn’t create legal rule on the clear scope of application

scholarly journals What does the Judiciary Depend on?

2019 ◽  
Vol 6 (1) ◽  
pp. 98-104
Author(s):  
Anna Vyacheslavovna Guskova
Keyword(s):  
Artificial Intelligence ◽  
Law Enforcement ◽  
Final Conclusion ◽  
Scientific Article ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
High Quality ◽  
Territorial Jurisdiction ◽  
Full Picture ◽  
Selection Of

Absolute procedural independence doesn’t exist. It relates to all system of law enforcement. By analyzing specific legal facts in this article will be reasonably prove from what the judicial authority depends on and in contrast to all proposition which were put forward will open the secret of its complete independence.The author earnestly proves that the procedural guarantees of judges independence are issues of territorial jurisdiction, features of institute criminal cases, such guarantee as irremovability, the issues of material security and even the secret of retiring room. This list is not exhaustive, but it gives a full picture of judicial independence.The final conclusion of this scientific article is that all available legislative guarantees which are aimed on ensuring the principle of independence of judges bears the potential to circumvent or interpret them in a convenient way. The most reliable foundation of independence is the high-quality selection of candidates for the position of judges. If a citizen by own moral, psychological and professional qualities can objectively, fairly, impartially and at the same time«graciously» approach to the resolution of the case - this will be the best foundation for his independent activity. In addition, the latest legislative trends associated with the introduction of information technology in the criminal procedure orbitare rated in the article. The author recognizes the importance of these processes and even formulates the hypothesis that the next type of criminal proceedings will be called technocentric. However, the author asserts the position that justice should be administered only by judges and the fate of people can’t be controlled by devices with artificial intelligence.

Borders, Conflicts and Bargaining in Federations and Communities of Governments

2009 ◽  
pp. 83-99
Author(s):  
A. Libman
Keyword(s):  
Economic Policy ◽  
Public Authority ◽  
Modern World ◽  
Main Research ◽  
Research Areas ◽  
Nation States ◽  
Distribution Of Power

Economic policy in the modern world can be treated as an outcome of interaction of multiple territorial centers of public authority: nation-states, subnational and supranational jurisdictions. In the last decades economics has increased its attention to the factors which influence the distribution of power among jurisdictions. The paper surveys two main research areas in this literature: economics of conflicts and theory of endogenous decentralization. It discusses the basic models of both approaches and their modifications applied in the literature as well as factors of conflict formation and bargaining over devolution.

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