scholarly journals CRIMINAL PROCEDURAL RESPONSIBILITY FOR OFFENSES IN A CRIMINAL PROCEEDING

2019 ◽  
pp. 184-189
Author(s):  
O. V. Andrushko
Keyword(s):  
Legal Regulation ◽  
Legal Responsibility ◽  
Court Order ◽  
Main Criterion ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
Criminal Proceeding ◽  
Court Judge ◽  
Definition Of ◽  
Legal Procedures

The article deals with the problems of improving the regulatory legal regulation of criminal procedural liability for offenses in the criminal process. In the article the initial theoretical characteristics of criminal procedural liability and the system of its actions are given. The tendencies of development of normative-legal regulation of criminal procedural responsibility are determined: clarification and consolidation of procedural obligations of process participants; extension of the list of participants in criminal proceedings to which its actions may be applied; clarification of certain legal procedures; definition of new syllables of criminal procedural offenses; improvement of legal responsibility of subjects of the criminal process, endowed with powers of authority. In order to unify all types of proceedings, it is proposed to supplement the criminal procedural legislation with the article "Separate decree (decree) of the court (judge, investigating judge)". It is stated that the main criterion for distinguishing between types of responsibility is the degree of social danger of a procedural offense. Composition of procedural offenses should be specified in a separate normative-legal act: the Code of procedural offenses, as well as the types of legal liability for their commission. The imposition of a monetary fine on violators of the court order (and in other offenses) will lead to thesearch for ways to eliminate the conflict between procedural "money collection" and an administrative "fine". With the variation of the solution to this and other conflicts, the advantage in regulatory-legal regulation should be given to measures of procedural liability. Prospects for improving the legal regulation of criminal procedural liability are seen in strengthening its role in strengthening the effectiveness and legality of criminal proceedings by strengthening its punitive and legal influence. Accordingly, we have supported separate scientific proposals to improve the legislation and some are proposed independently.

Basic principles of the prosecutor in criminal proceedings under Criminal Procedure Code of Ukraine

2016 ◽  
Vol 8 (1) ◽  
pp. 111-122 ◽  
Author(s):  
Ihor Rohatiuk
Keyword(s):  
Law Enforcement ◽  
Criminal Procedure ◽  
Legal Regulation ◽  
Criminal Proceedings ◽  
Basic Principles ◽  
Criminal Process ◽  
Criminal Proceeding ◽  
Procedure Code ◽  
The Times

Principles have always been the cornerstones of criminal proceedings’ legal regulation affecting all participants of criminal process. Taking into account the accelerated pace of current law enforcement reforming it is necessary to mention the prosecution institute and key role of criminal proceedings’ principles presenting scientific background for further empirical findings. The majority of these principles defines the priority growth directions of criminal process as well as creates friendly environment for behavioral aspects of criminal proceeding parties. This article provides comparative analysis of the existing criminal procedural principles of the prosecutor’s role in the criminal proceedings with specification of the legality principle as a requirement for all subjects of the criminal proceedings, including the prosecutor, to use the norms and provisions of legal acts correctly, to comply it consistently and perform accurately, explores the historical origins of these principles and their determinants’ origin starting from the times of Kievan Rus and its unique judicial system and proves that the adversarial principle is closely connected with dispositivity of prosecutor’s participation in criminal proceeding. An emphasis is placed on correlation between the ‘principles’ and ‘foundations’ terms examined by Ukrainian and Soviet scholars and its application in relation to the newly adopted Criminal Procedure Code of Ukraine.

scholarly journals CRIMINAL PROCESS IN A PANDEMIC AND THEN

2020 ◽  
Vol 6 (3) ◽  
pp. 84-90
Author(s):  
V. A. Lazareva
Keyword(s):  
Russian Federation ◽  
New Technologies ◽  
Legal Regulation ◽  
Document Management ◽  
Electronic Document ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
The Russian Federation ◽  
The Government ◽  
Democratic Principles

Due to the emergence of a new coronavirus infection (COVID-19), measures aimed at limiting its spread have made it impossible to administer justice in compliance with its democratic principles, implying the possibility of personal participation of all interested parties in court procedures to effectively defend their interests. In this regard, on April 8, 2020, the Presidium of the Supreme Court of the Russian Federation adopted a decree recommending that the courts, among other measures, intensify the work of Internet receptions, ensure the reception, processing and registration of documents submitted to the courts in electronic form, including in the form of an electronic document, consider cases and materials of urgent nature in court hearings using the video-conferencing system and (or) the web-conference system. Despite the fact that in accordance with the program for the development of the Russian judicial system, approved by Decree of the Government of the Russian Federation dated December 27, 2012 № 1406, the modernization of the work of courts based on digital technologies has already begun in the country, their development in criminal proceedings lags behind other methods of administering justice. Given this circumstance, as well as the actual absence in the criminal process of electronic document management and legal regulation of the grounds and procedure for conducting a trial in the mode of a web conference, the article attempts to determine the limits of the possibilities of using new technologies in criminal proceedings, to substantiate the conclusion that that the use of digital technology in criminal proceedings is not only possible, but necessary, as well as to determine the direction of development of criminal proceedings in this direction.

scholarly journals The Development of the Legal Position of Legal Entities in Russian Criminal Proceedings

2021 ◽  
Vol 2 ◽  
pp. 48-53
Author(s):  
Galina I. Sedova ◽  
◽  
Yulia V. Drazhevskaya ◽  
Keyword(s):  
Historical Analysis ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
Legal Entity ◽  
State Register ◽  
Procedure Code ◽  
Legal Position ◽  
The Russian Federation ◽  
Definition Of ◽  
Legal Entities

The current Criminal Procedure Code of the Russian Federation, while securing the opportunity for a legal entity to participate in criminal proceedings, does not establish which organizations are to be understood as a “legal entity”. In this regard, this concept in the criminal process is often identified with the civil-legal definition of a legal entity, leaving behind its framework organizations that are not subject to registration in the Unified State Register of Legal Entities. Meanwhile, historical analysis indicates that legal entities were participants in criminal procedural relations long before the concept of “legal entity” was consolidated in civil legislation, as well as the establishment of the procedure for their registration. At the same time, starting from the XI century, the possibility of participation of legal entities in the criminal process was determined by criteria that have not lost their relevance at the present time.

REVIEW ON THE MONOGRAPH OF OLEKSANDR TORBAS �DISCRETION IN THE CRIMINAL PROCESS OF UKRAINE: THEORETICAL JUSTIFICATION AND PRACTICE OF IMPLEMENTATION�

2020 ◽  
Vol 10 (4) ◽  
pp. 147-150
Author(s):  
Iryna Hloviuk ◽  
Keyword(s):  
Public Relations ◽  
Criminal Procedure ◽  
Scientific Work ◽  
Legal Regulation ◽  
Criminal Proceedings ◽  
Theoretical Justification ◽  
Criminal Process ◽  
Procedural Law ◽  
Current Period ◽  
Legitimate Interests

Current period of development of the legal system of Ukraine is characterized by variability of legislation that regulates, in particular, organization of judicial system and implementation of criminal proceedings. Unfortunately, criminal procedure legislation is no exception, given how many changes and additions have been made to the Criminal Procedure Code of Ukraine since its entry into force in 2020. Undoubtedly, like any other codified legal act, CPC of Ukraine in modern conditions cannot be unchanged, given the dynamics of public relations, the provisions of international law, decisions of ECtHR and number of attempts to solve identified problems of its application. Difficulties of criminal procedural law enforcement are manifested in such an area as the use of discretion of authorities in criminal proceedings, although without it application of legislation is ineffective. At the same time, lawful discretion in criminal proceedings should not turn into its opposite � arbitrariness, which will already violate rights and legitimate interests of individuals and legal entities. In criminal proceedings, given the imperative method of legal regulation and possibility of various coercive measures, including those related to the restriction of constitutional human rights, this issue is of particular importance, given, inter alia, that prosecution�s discretion applies within non-adversarial procedure, and the CPC of Ukraine does not always provide for the possibility of appealing such decisions in court. The peer-reviewed monograph consists of four chapters, which contain 10 sections. Structuring of the monograph is logical; the author analyse problems of discretion from questions of concept, signs and limits of discretion, and then moves to the characteristic of realization of discretion by judge, prosecutor, investigator, detective. In general, without a doubt, the monograph of Torbas O. O. �Discretion in the criminal process of Ukraine: theoretical justification and practice of implementation� is relevant, complete and fundamental scientific work, has scientific and practical value. Monograph of Torbas O.O. significantly enriches criminal procedure doctrine regarding the subjects of criminal proceedings, criminal procedure decisions and other areas.

INTERNATIONAL LEGAL, DOCTRINAL AND ORGANIZATIONAL-PRACTICALAPPROACHES TO COUNTERING MERCY-Violent Crimein the Russian Federation

2020 ◽  
pp. 7-16
Author(s):  
V. A. Avdeev ◽  
O. A. Avdeeva
Keyword(s):  
Public Relations ◽  
Violent Crime ◽  
Criminal Law ◽  
Integrated Approach ◽  
Legal Regulation ◽  
Legal Responsibility ◽  
Violent Crimes ◽  
Legal Policy ◽  
Political Transformations ◽  
Definition Of

The subject of the study is mercenary-violent crime, taking into account its condition, structure and dynamics. Particular attention is paid to the implementation of the Russian criminal law policy in the field of combating crime of mercenary-violent orientation, taking into account the requirements of international law. The purpose of the study is a modern analysis of the understanding of mercenary-violent crime, the content and types of crimes of this orientation. Attention is focused on the criminological analysis of mercenary-violent crime, prevention and prevention in the context of improving measures of criminal law, criminological and organizational and practical counteraction. The methodological basis for the study of measures to combat mercenary-violent crime is formed by a set of general scientific and private scientific methods that have led to an integrated approach to the study of legal policy to counteract mercenary-violent crime, taking into account the ongoing socio-economic and political-legal transformations. The main results of the study reveal the process of counteracting mercenary-violent crime in the context of globalization, measures to increase the effectiveness of the implementation of the mechanism of criminal law regulation of public relations related to countering crimes of mercenary-violent orientation. Conclusions are formulated regarding the methodological and organizational-practical aspects of the legal impact on persons who have committed self-seeking and violent assaults. The novelty of the research topic is the formulation of the problem associated with the disclosure of the causes and conditions of mercenary-violent crime as a socially negative phenomenon in modern conditions; the definition of key areas of legal policy in the field of combating crimes of mercenary-violent orientation, determined by socio-economic and political transformations. In order to achieve the stated goal of the study, special legal methods of cognition were used that facilitate the analysis of the legal regulation of legal responsibility for mercenary-violent crimes. The result of the study is the disclosure of the legal nature of mercenary-violent crime, its essential properties and signs as a social negative phenomenon; identification of features of measures to counter self-serving and violent orientation; establishing trends in legal regulation of crimes of mercenary-violent orientation; determination of the specifics of the mechanism of legal regulation of legal liability for mercenary-violent crimes. An opinion was expressed that there was no categorical legal assessment of the concept of mercenary-violent crimes in domestic legislation, which predetermined the recognition of criminal legal measures as a strategic resource for combating mercenary-violent crime. The conclusions are formulated on the factors inspiring the legislative regulation of the corpus delicti of violent orientation, and the specifics of the implementation of punishment and other measures of a criminal law nature.

scholarly journals Favorable Business Environment as a Criterion for Criminal Proceedings Effectiveness in Modern Russia

Lex Russica ◽  
2020 ◽  
Vol 73 (10) ◽  
pp. 73-80
Author(s):  
P. O. Panfilov
Keyword(s):  
Public Interest ◽  
Business Environment ◽  
Criminal Prosecution ◽  
Main Criterion ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
Economic Rights ◽  
Social Effectiveness ◽  
Economic Relations ◽  
Criminal Procedure Law

The paper analyzes various scientific approaches to understanding the effectiveness of criminal proceedings. It is concluded that in the doctrine of criminal process effectiveness is connected with the achievement of its purpose and tasks different understanding of which causes different understanding of effectiveness. On the basis of the analysis of the criminal procedure law, it is substantiated that the main criterion of evaluation of the effectiveness of criminal proceedings includes its influence on creation of favorable business environement in the country. The author recognizes the possibility of dividing the effectiveness of criminal proceedings into legal and social ones. The author interprets the legal effectiveness of the criminal process as its ability to ensure the public interest of all members of the society related to the full and comprehensive establishment of circumstances of the criminal case, the incrimination of the offender, the fight against crime. It is proposed to consider the possibility of criminal procedural means to secure normal economic relations and favorable business environement as one of the components of social effectiveness.The paper proves that the means chosen to increase the social effectiveness associated with the implementation of economic rights and freedoms, negatively affect both itself and the legal effectiveness of the criminal process related to the implementation of its intended purpose. It is proposed to refuse to consider a favorable business environment as the main criterion for assessing the effectiveness of both the entire criminal process and its individual components. Effectiveness should come to the fore, and the criterion of such effectiveness includes public interests aimed at combating crime. It is concluded that even as a secondary component, favorable business environment as a criterion of effectiveness requires such legal means of ensuring it that would not reduce the guarantees of implementation of the highest public interest. It is substantiated that the creation of legal guarantees to protect business from criminal prosecution is unacceptable without creating a mechanism that can separate legal business from illegal business.

scholarly journals The Doctrine of Erroneous Judgment and the Modern Theory of Miscarriages of Justice in Germany: General Characteristics and Their Significance for Establishing the Truth in German Criminal Proceedings

2021 ◽  
Vol 2 ◽  
pp. 104-110
Author(s):  
A.G. Trofimik ◽  
Keyword(s):  
Criminal Procedure ◽  
Theory And Practice ◽  
Modern Theory ◽  
Criminal Proceedings ◽  
Legal Research ◽  
Criminal Process ◽  
Concept Of Truth ◽  
Definition Of ◽  
Russian Research ◽  
Miscarriage Of Justice

The research of the German criminal process reveals the main theoretical characteristics of theory of miscarriages of justice in German criminal procedure. The essential aspects of the doctrine of erroneous judgment are established. The conclusion about the significance of the doctrine of erroneous judgment for the modern theory of miscarriages of justice in Germany is formulated. Based on a comprehensive research of original German sources, the main provisions of the doctrine of erroneous judgment and the modern theory of miscarriages of justice in Germany are enunciated. The influence of discursive philosophy on theoretical ideas about criminal proceedings is established. The immediate practical applicability of these theories is rather low. In the author’s opinion, their importance, among other things, is that the problematics of miscarriages of justice in Germany are closely related to the concept of truth in criminal proceedings, which is uncharacteristically of Russian research in the designated area. Based on the analysis of German doctrine, the significance of theoretical provisions for establishing the truth in a criminal procedure is determined. A pragmatic, utilitarian German approach to the legislative formulation of truth in criminal proceedings is represented. The legislative recognition and interpretation of the truth in criminal proceedings are expressed. The correlation between the theoretical provisions on material truth and the theory of miscarriages of justice is confirmed. As the result of the research the functional meaning of truth for the theory and practice of criminal proceedings in Germany is enunciated. In addition, the German theoretic definition of the concept of «miscarriage of justice» is given. Characteristic of this concept are identified. The significance of the scientific conclusions of this article consists in determining the fundamental suitability of German dogma and theory for a comparative legal research of miscarriages of justice in Russia and Germany.

scholarly journals Sanctions as a legal phenomenon in the law of Ukraine and international standards of their application

2021 ◽  
pp. 73-86
Author(s):  
Nataliia Iakymchuk
Keyword(s):  
Legal Regulation ◽  
The State ◽  
International Standards ◽  
Legal Responsibility ◽  
Criminal Prosecution ◽  
Criminal Proceedings ◽  
Legal Nature ◽  
The Law ◽  
Restrictive Measures ◽  
Legal Entities

The article examines the theoretical and practical issues of application of the Law of Ukraine «On Sanctions» of August 14, 2014 and analyzes the existing views on the legal nature of such «legal phenomenon» as sanctions - special economic, financial and other restrictive measures (sanctions) provided by this Law. The article specifies the main issues facing the researchers of the Institute of Sanctions. The purpose of the article is coverage of the state of legal regulation and legal nature of such a phenomenon as sanctions (economic, financial) in the right to Ukraine. In order to achieve this goal, the author used a set of general and special methods that are characteristic of legal science. The article covers the issue of Ukraine's sovereign right to protection, in particular through the application of economic and other restrictive measures (sanctions) «to protect national interests, national security, sovereignty and territorial integrity of Ukraine, counter terrorist activity, as well as prevention of violations, restoration of violated rights and freedoms and legitimate interests of citizens of Ukraine, society and the state». The range of subjects against which sanctions can be applied has been studied, namely: a) foreign states; b) foreign legal entities; c) legal entities under the control of a foreign legal entity or a non-resident individual, foreigners, stateless persons; d) entities engaged in terrorist activities. Sanctions are defined as legal measures to respond immediately to violations of various rights, from encroachment on state sovereignty to the commission of a crime of an international nature, which are temporary, which are applied primarily through coercive measures, which are implemented using constitutional, financial, administrative, economic, criminal procedural, executive, economic procedural and other branches of law. The issues of the grounds for application of sanctions, their types and criteria for their delimitation, the term of application of sanctions, as well as the range of authorized entities in the field of their application are covered. The main approaches of scholars to the characterization of sanctions as measures of influence are investigated. It is noted that sanctions are measures of influence different from measures of legal responsibility, which may have a "non-criminal" nature. It is stated that sanctions are measures of influence that are applied, albeit in parallel, but in a systematic connection with the criminal prosecution imposed by the state or executed by it as a subject of international cooperation in the fight against crime. Their application is, firstly, due to the decision at the international or regional level on the application of international economic (financial) sanctions, personal sanctions in the course of criminal prosecution for acts of an international crime. However, Ukraine is obliged to adhere to international standards of the legal mechanism for the application of sanctions at the domestic level, to improve the procedural principles of their application, appeal procedures and amendments to the decision. We consider the participation of the Commissioner for Human Rights in the process of reviewing the decision on the application of sanctions and appealing the decisions necessary. Amendments to the Law of Ukraine "On Sanctions" are proposed in order to establish among the necessary grounds for the application of sanctions to individuals the opening of criminal proceedings against them, and for legal entities - the opening of criminal proceedings against related persons, as well as amendments to the Criminal Procedure Code of Ukraine, as it does not contain provisions on such preliminary measures (securing and stopping) as "sanctions". In addition, in general, the sanctions procedure requires greater transparency, and it is concluded that sanctions can be applied to Ukrainian citizens only if they are suspected of involvement in terrorist activities.

scholarly journals Digital Information Platforms as an Object of Normative Legal Regulation in the Sphere of Criminal Proceedings

2019 ◽  
Vol 13 (6) ◽  
pp. 873-883 ◽  
Author(s):  
Viсtor Grigoryev ◽  
Alexander Sukhodolov ◽  
Sergey Ovanesyan ◽  
Marina Spasennikova ◽  
Vladislav Tyunkov
Keyword(s):  
Large Scale ◽  
Criminal Procedure ◽  
Legal Regulation ◽  
Criminal Court ◽  
Digital Information ◽  
Criminal Proceedings ◽  
Digital Platforms ◽  
Road Map ◽  
Court Proceedings ◽  
Definition Of

While noting the general trend for the regulation of digital relations in the sphere of criminal court proceedings, the authors draw attention to the absence of a common approach to this work, or of a universal understanding of criminal procedure norms regarding digital relations, as well as to the drawbacks in preparing new norms that regulate digital relations. Problems connected with the regulation of electronic processes are not specific for Russia only. Laws of some countries do not recognize evidence obtained electronically, and view it as secondary. The results of implementing the road map of digital economy and the approaches to the definition and typification of digital platforms are the basis for laying the foundations of the criminal proceedings’ digitization in Russia. Large-scale growth of innovations for the platforms and an increasing complexity of their architecture enable the solution of a new research task — the spread of digital platforms to various sectors, in this case, to the sphere of criminal proceedings. The authors use the definition of a digital platform approved by the Russian Governmental Commission on Digital Development to formulate their own definition of a digital information platform as an object of normative legal regulation in the sphere of criminal proceedings and prove that it should belong to sectoral digital platforms. The value of the transition to the normative legal regulation of digital information systems in the sphere of court proceedings lies in the reduction of costs and the elimination of the subjective factor by using a package of digital technologies of data processing and changing the system of the division of labor while reaching the purpose of criminal justice. The authors also stress the inappropriateness of simplification and primitivism, when a criminal procedure system is mechanically viewed as a system of distributed registers (blockchain), or when digitization is used as an excuse for suggesting the abolishment of investigative departments as parasites in the digital reality where crime investigation and solution become a job for ordinary internet users.

scholarly journals LEGAL RESPONSIBILITY IN THE SYSTEM OF THE MECHANISM OF INFLUENCE ON MIGRATION RELATIONS

2021 ◽  
Vol 6(72) (3) ◽  
pp. 357-365
Author(s):  
K. V. Trifonova
Keyword(s):  
Law Enforcement ◽  
Legal Liability ◽  
Legal Regulation ◽  
Legal Aspects ◽  
State Regulation ◽  
The State ◽  
Legal Responsibility ◽  
Regulation Mechanism ◽  
Legal Analysis ◽  
Definition Of

In the article, from the standpoint of legal science and practice of state regulation of migration relations, the author examines the application of legal liability to violators of the norms of migration legislation. The author conducts a theoretical and legal analysis of the institution of legal responsibility. The definition of legal responsibility as a legal reaction of society and the state to the unlawfulness of actions (inaction) allows us to conclude that the introduction by the state of special legal regulation is a form of disposition of state power. The implementation of legal responsibility in the dynamics of legal regulation is characterized by the intertwining of regulatory, substantive and procedural and legal aspects, which allow ensuring the passage of responsibility through all stages and procedures of legal regulation, which creates an ordering effect. In conclusion, the author points out that legal responsibility, being an element of the legal regulation mechanism, clearly demonstrates its specificity and features, as well as general efficiency in the law enforcement process of imposing punishment.

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