scholarly journals Specific Tactics of Obtaining Criminalistically Significant Information at the Initial Stage of Investigating Thefts of Oil and Petroleum Products During Their Storage and Transportation

2021 ◽  
pp. 130-139
Author(s):  
Alexander Milius
Keyword(s):  
Petroleum Products ◽  
Criminal Prosecution ◽  
Criminal Cases ◽  
High Quality ◽  
Comprehensive Investigation ◽  
Significant Information ◽  
Initial Stage ◽  
Correct Sequence

Under the current legislation, the investigator is responsible for investigating and solving all cases in progress. A high-quality comprehensive investigation of criminal cases connected with theft of oil and petroleum products makes it possible to fulfil these duties successfully. The establishment of the guilt of a person in the process of proving during the investigation of theft of oil and petroleum products, which belong to the category of grave crimes, presents certain difficulties connected with the specific features of such crimes. If a tactically correct sequence of investigative actions is chosen at the initial stage of investigation, the investigator may get a considerable amount of relevant criminalistic information, that will further make it possible to achieve the goal of the investigation in the form of criminal prosecution against the guilty person. The author examines some specific features of the tactics of investigative actions at the initial stage of investigating thefts of oil and petroleum products during their storage and transportation at the fuel and energy enterprises. The author also presents recommendations on improving the tactics of investigative actions in the investigation of thefts of oil and petroleum products.

Descriptive Analysis

2017 ◽  
pp. 83-113
Keyword(s):  
Computational Methods ◽  
Descriptive Analysis ◽  
Descriptive Statistics ◽  
High Quality ◽  
Initial Stage

Descriptive statistics is the initial stage of analysis used to describe and summarize data. The availability of a large amount of data and very efficient computational methods strengthened this area of the statistic. In this chapter, we introduce the main concepts related to descriptive analysis. These will provide a vast quantity of knowledge to perform a high-quality descriptive analysis.

INTERNATIONAL AND CONSTITUTIONAL FRAMEWORK FOR CRIMINAL CASE PROCEEDINGS AGAINST MINORS

2019 ◽  
pp. 99-106
Author(s):  
Igor Igorevich Kartashov
Keyword(s):  
Juvenile Justice ◽  
International Law ◽  
General Procedure ◽  
The Self ◽  
Criminal Prosecution ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Legal Norms ◽  
Legal Proceedings ◽  
The Subject

The relevance of the study is due to the importance of finding effective and at the same time humane measures to combat crime of minors that meet the generally accepted principles and norms of international law. The purpose of the study is to consider the international legal norms that form the basis of standards in the field of implementation of the rights of minors involved in the orbit of criminal proceedings. In this study we consider some aspects of the implementation of fair minor’s justice standards in the Russian criminal procedure legislation. Also we analyze the provisions of key regulations in the field of juvenile justice, the practice of their application, as well as doctrinal approaches to the prospect of further improvement of the criminal procedural form of legal proceedings against minors. On the basis of the analysis we highlight the features of the proceedings in the category of criminal cases: criminal prosecution can be initiated only after reaching a certain age; expanded the subject of proof; the production involves additional participants; the establishment of additional grounds and conditions for the use of coercive measures related to the restriction of freedom; confidentiality, which determines the characteristics of the trial; expansion of the range of issues resolved by the court in sentencing. It has been concluded that the existing domestic criminal proceedings the order of proceedings in criminal cases among minor, despite the peculiarities that distinguish it from the general procedure, it is impossible to recognize the self-differentiated procedure.

Forced to sexual activities: legal positions of Supreme Court of the Russian Federation and Republic of Kazakhstan

2019 ◽  
pp. 175-189
Author(s):  
Ardak Alimkhanovna Biyebayeva ◽  
Aigul Mailybayevna Kalguzhinova ◽  
Vera Anatolievna Chunyaeva
Keyword(s):  
Juvenile Justice ◽  
General Procedure ◽  
Criminal Prosecution ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Legal Norms ◽  
Legal Proceedings ◽  
Sexual Activities ◽  
The Subject ◽  
The Russian Federation

The relevance of the study is due to the importance of finding effective and at the same time humane measures to combat crime against minors that meet the generally accepted principles and norms of international law. The purpose of the study is to consider the international legal norms that form the basis of standards in the field of implementation of the rights of minors involved in the criminal proceedings orbit. We consider some aspects of the fair juvenile justice standards implementation in the Russian criminal procedure legislation. We analyze the provisions of the key normative acts in the field of juvenile justice, their application practice, as well as doctrinal approaches to the prospect of further improvement of the criminal procedural form of legal proceedings against minors. On the basis of the analysis, we highlight the proceedings features in the criminal cases category: criminal prosecution can be initiated only after reaching a certain age; expanded the subject of proof; the production involves additional participants; the establishment of additional grounds and conditions for the use of coercive measures related to the restriction of freedom; confidentiality, which determines the characteristics of the trial; expansion of the range of issues resolved by the court in sentencing. It has been concluded that the existing domestic criminal proceedings the order of proceedings in criminal cases in juvenile, despite the peculiarities that distinguish it from the general procedure, it is impossible to recognize the self-differentiated procedure.

scholarly journals CRIMINAL PROSECUTION OF TERRORIST CRIMES IN JURY TRIAL: LEGALITY AND APPROPRIATENESS

2019 ◽  
Vol 7 (5) ◽  
pp. 674-677 ◽  
Author(s):  
Zyufyar Shakirovich Gataullin ◽  
Alexander Yurevich Epihin ◽  
Oleg Aleksandrovich Zaitsev ◽  
Ekaterina Pavlovna Grishina ◽  
Andrey Viktorovich Mishin
Keyword(s):  
Statistical Data ◽  
Jury Trial ◽  
Criminal Prosecution ◽  
Constitutional Rights ◽  
Criminal Cases ◽  
Legal Proceedings ◽  
Constitutional State ◽  
Analysis And Synthesis ◽  
Teachers And Students ◽  
The Right

Purpose: Scientific views of processualists concerning Institute of jurors are given in the article. Some experts defend activity of jury, others - categorically against such form of legal proceedings. Methodology: The methodological basis of this research is made by a dialectic method. Special methods of knowledge were used: logic-legal; comparative, historical, sociological, system and structural, statistical, method of the analysis and synthesis, legal modeling. Result: On the basis of the analysis of statistical data and materials of jurisprudence the author's position of rather a criminal prosecution in court with the participation of jurors on criminal cases of terrorist orientation, in the conditions of absence at defendants of the right to petition on such court is stated. The need for differentiation of legality and expediency of restriction, constitutional rights of defendants on the jury is proved. The concrete measures directed to an increase in efficiency of criminal prosecution in the conditions of the constitutional state are proposed. Results of a poll of practical workers are given: investigators, prosecutors, and judges who spoke in favor of the made offers directed to an increase in efficiency of criminal legal proceedings. Applications: This research can be used for the universities, teachers, and students. Novelty/Originality: In this research, the model of Criminal Prosecution of Terrorist Crimes in Jury Trial: Legality and Appropriateness is presented in a comprehensive and complete manner.

scholarly journals The institution of suspicion and the initial stage of the criminal process: interrelated prospects of development

2021 ◽  
Vol 2021 (4) ◽  
pp. 121-131
Author(s):  
Ol'ga Polikarpova
Keyword(s):  
Criminal Procedure ◽  
Radical Change ◽  
Criminal Case ◽  
Initial Moment ◽  
Criminal Prosecution ◽  
Constitutional Rights ◽  
Kyrgyz Republic ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
Initial Stage

The article considers the question of the interdependence of the improvement of the institution of suspicion and the transformation of the initial stage of the Russian criminal process. The article highlights the problem of the legislative limitation of the period of the procedural status of a person as a suspect in the event of a criminal case being initiated not against him, but upon the commission of a crime and insufficient evidence of the involvement/non-involvement of such a person in a criminal offence committed at the initial stage of the investigation, which often does not allow avoiding unreasonable restrictions on the constitutional rights and freedoms of this participant in criminal proceedings. The relevant experience of some post-Soviet states that followed the path of a radical change in the criminal procedure model after the collapse of the USSR is analysed. The article compares the provisions of the criminal procedure legislation of the Russian Federation and the Kyrgyz Republic directly related to the institution of suspicion, including the moment of triggering criminal prosecution and the duration of a suspect’s keeping the specified procedural status. The arguments given in the article substantiate the need to reform the initial moment of the emergence of the procedural status of a suspect in Russian criminal proceedings and the associated expediency of abolishing the stage of initiation of a criminal case in order to increase the guarantee of the rights and legitimate interests of the person introduced into the procedural status we are analysing.

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 CRIMINAL RESPONSIBILITY OF THE PERPETRATORS FOR VICTIMS OF MINOR CRIMINAL OFFENSES ON PERSPECTIVE OF RESTORATIVE JUSTICE

Yuridika ◽  
2017 ◽  
Vol 31 (3) ◽  
pp. 401 ◽  
Author(s):  
Karim Karim
Keyword(s):  
Criminal Justice ◽  
Restorative Justice ◽  
Criminal Responsibility ◽  
Criminal Prosecution ◽  
Criminal Cases ◽  
Just Cause ◽  
Justice Procedure ◽  
Criminal Offenses ◽  
A Minor ◽  
Sense Of Justice

The handling of the minor criminal act case settlement tends to be conducted as a general crimanal act because it is only focused on criminal responsibility of perpetrators which is based on the responsibility of their actions and faults, without considering the quality orvalues of the crime objects, so it breaks the sense of justice in society. Whereas, basically a minor criminal act is a simple and harmless criminal act, and it just cause merely little losses of the victims. For this reason, an alternative case settlement of the minor criminal act is needed by restorative justice approach which has a more emphasis on the creation of conditions of fairness and balance between the perpetrator to the victim. Because the current criminal justice procedure focuses solely on criminal prosecution and ignores the interests of the victim, thus it is transformed into a process of dialogue / mediation, involving the victim to create a fairer and more balanced minor criminal act case settlement.The criteria for completing the criminal cases through restorative justice is that the perpetrator is not punished .In other words through this restorative models, perpetrator does not need to go to jail if the interests of the victim and the loss have been restored or have been recovered, the victim and the community have forgiven, while the perpetrator has expressed regret.

scholarly journals Presumption of the Effectiveness of Public Property Management as a Factor of Improving the Criminal Policy Regarding the Abuse and Excess of Authority

2019 ◽  
Vol 13 (6) ◽  
pp. 951-961
Author(s):  
Mikhail Borodach
Keyword(s):  
Social Role ◽  
Criminal Policy ◽  
Expert Assessment ◽  
Criminal Prosecution ◽  
Property Management ◽  
Criminal Cases ◽  
The Public ◽  
Managerial Decisions ◽  
Public Property ◽  
The Supreme Court

The article examines ways of improving the practice of criminal law enforcement in the cases of the abuse and excess of authority in public property management. The author proves the insufficiency of the current indicators of criminal punishability when the excess or abuse of authority in the management of public property takes place. It is necessary to include into law (at least within the framework of the guidelines of the Plenary Session of the Supreme Court of the Russian Federation) the presumption of the maximum effectiveness of the selected method of managing the public property. The author attempts to formulate and describe the normative content of the suggested presumption using the thesis of equal effectiveness’ potential for different forms of property. The author also comes to an interim conclusion that this presumption is a specific case of a more general presumption of the effectiveness of a public owner. It is proven that the use of the analyzed presumptions agrees with the solidifying social role of public property, unlike the empirically unsubstantiated thesis of its apparent ineffectiveness. This circumstance excludes the linear approach to the assessment of managerial decisions regarding public property and, thus, shows that the established indicators of criminal punishability of the excess or abuse of authority by officials are insufficient for making well-grounded decisions on the initiation of criminal prosecution in connection with public property management. It is suggested that criminal punishability must be based on the expert assessment of managerial decisions made by officials, of their actions (inaction) in comparison with other possible scenarios within the examined managerial situation, which must be carried out at the stage of initial inquiry. The results of this expert assessment must form the grounds for making decisions regarding the initiation of criminal cases on the excess or abuse of authority against specific officials. Besides, the author also states that there are certain limits to applying this approach and that it is not universal.

Sign in / Sign up

Export Citation Format

Share Document