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 Realization of the Purpose of Criminal Proceedings by the Investigator and by the Defense Counsel: Opposition or Interaction?

2021 ◽  
pp. 15-24
Author(s):  
Svetlana Bulatova
Keyword(s):  
Preliminary Investigation ◽  
Criminal Procedure ◽  
Criminal Court ◽  
Criminal Case ◽  
Criminal Proceedings ◽  
Defense Counsel ◽  
The Russian Federation ◽  
Court Proceedings ◽  
Independent Auditing ◽  
Case Based

The author discusses relationships between the prosecution and the defense during the preliminary investigation of a criminal case. Based on the analysis of contemporary Russian criminal procedure legislation and the links between the criminal procedure theory and criminalistics, the author concludes that it is necessary to single out the following forms of relationships between the defense counsel and the investigator: cooperation and counteraction to the investigation. The author, taking into account existing theoretical views, differentiates between these two concepts using the criterion of the legality of the actions of the sides. Correspondingly, it is suggested that cooperation is the activity of the sides carried out within the framework of the criminal procedure legislation and aimed at the realization of the purpose of criminal court proceedings as stated in Art. 6 of the Code of Criminal Proceedings of the Russian Federation. Using this as a basis, the author attempts to outline the procedural types of such interaction depending on the manner in which the defense counsel participates in proofing a criminal case. Firstly, there is a situation in which evidence is collected directly by the defense council. The author believes that in this case the investigator checks the evidence acting as an independent auditing body in the legal relationships and does not perform the function of the prosecution. Secondly, there is a procedural form of interaction when the defense counsel participates in the collection of evidence carried out by the side of the prosecution.

scholarly journals Ensuring the Right of a Person Placed in a Psychiatric Care Hospital to Defense in Criminal Proceedings

2021 ◽  
pp. 42-50
Author(s):  
Anna Shatrova
Keyword(s):  
Psychiatric Care ◽  
Care Facility ◽  
Criminal Procedure ◽  
Criminal Court ◽  
Care Hospital ◽  
Criminal Proceedings ◽  
Systemic Analysis ◽  
Criminal Procedure Law ◽  
Court Proceedings ◽  
The Right

The involvement of persons suffering from mental disorders into criminal court proceedings requires additional procedural guarantees of ensuring their rights. The procedural status of a person involved in proceedings regarding the application of compulsory medical treatment is not sufficiently well-defined in Russian criminal procedure. Such a normative construct makes it harder for this person to exercise their right to defense. The author examines some problems of ensuring a right to defense when making a decision on placing a mentally ill person in a psychiatric care facility. Based on a systemic analysis of current criminal procedure norms and international law standards of ensuring a just and fair court hearing in the category of criminal cases under consideration, the author presents ideas on improving the criminal procedure law and the practice of its enforcement. It is suggested that a special norm of procedural compulsion consisting in the forceful placement of a person in a psychiatric care hospital should be incorporated in law.

scholarly journals Final and Intermediate Court Decisions in the Context of Unification and Differentiation of Court Proceedings in Criminal Procedure

2019 ◽  
pp. 97-105
Author(s):  
S. V. Burmagin
Keyword(s):  
Content Analysis ◽  
Structural Analysis ◽  
Subject Matter ◽  
Criminal Procedure ◽  
Criminal Court ◽  
Court Decisions ◽  
Criminal Proceedings ◽  
Court Proceedings ◽  
Legal Concepts

The paper investigates normative-legal concepts of final and intermediate court decisions in criminal proceedings. Having carried out verbal and semantic and subject-content analysis of these definitions, the author reveals their drawbacks in terms of the terminology used and fictiousness in terms in the context of their subject matter. It is stated that the concept of an interim court decisions includes heterogeneous judicial acts fundamentally different in their nature and purpose. On the basis of the provisions of the theory of differentiation of criminal proceedings and the application of the method of systemic and structural analysis of the procedural activity of the criminal court, it is concluded that judicial acts and the final decisions of higher courts have common characteristics of final court decisions and should not be classified as interim, i.e. auxiliary. It is proposed to limit the concept of an interim judgment to a set of preparatory decisions, decisions to enforce and organizational decisions taken by the court in the course of preparation and conduct of a trial in any criminal proceedings.

scholarly journals The Expression of the Will of the Accused (the Suspect) as a Criminal Procedure Category

2019 ◽  
Vol 13 (6) ◽  
pp. 1025-1034
Author(s):  
Elena Artamonova
Keyword(s):  
Criminal Procedure ◽  
Criminal Court ◽  
The State ◽  
Criminal Case ◽  
Legal Basis ◽  
Criminal Proceedings ◽  
Historical Changes ◽  
The Will ◽  
Court Proceedings

In modern criminal procedure regulations, the will of a criminally prosecuted person is gaining a greater influence on the criminal procedure, sometimes directing it, and in other cases — predetermining its results. The lawmaker is giving a criminally prosecuted person more opportunities to influence criminal procedure activities, and direct criminal case proceedings. In the current legal landscape, the expression of the will of the accused (the suspect) is supported by a sound legal basis and has become a prerequisite for the implementation of many criminal procedure institutions. A criminally prosecuted person has a certain scope of permissible actions, and is free to act within this scope. The author describes historical changes in the attitude of the state towards a person accused or suspected of a crime and examines the evolution of a new criminal procedure phenomenon — the expression of the will of the accused (the suspect). The author also breaks the development of Russian criminal proceedings into periods depending on the influence that the will of the prosecuted person has on the criminal procedure activities. It is shown that the will of the accused (the suspect) has a certain impact on the criminal procedure at all stages of criminal court proceedings. The author proves that the will of the accused (the suspect) as a legal phenomenon has become a criminal procedure category. It is concluded that, from the viewpoint of current criminal procedure legislation and the practice of its enforcement, especially in view of its further improvement, there is a necessity to introduce a new criminal procedure category, which has, in fact, already emerged — the category of «the expression of the will of the accused (the suspect)».

scholarly journals A Comparative Legal Aspect of the Normative Definition of the Purpose of Criminal Procedure Activities

2021 ◽  
Vol 15 (3) ◽  
pp. 392-400
Author(s):  
Nikolay Azarenok
Keyword(s):  
Goal Setting ◽  
Legal Aspect ◽  
Criminal Procedure ◽  
Criminal Court ◽  
Legal Analysis ◽  
Anglo Saxon ◽  
Criminal Procedure Law ◽  
The Usa ◽  
Court Proceedings ◽  
Definition Of

Human activity lies at the foundation of all social processes. The successful development of humanity as a whole depends on its orderly and organized character. An analysis of the structure of activity shows that scholars have not reached consensus on this point. The concept is described through such components as the goal, motives, interests, needs, means, result and the very process of activity. At the same time, philosophers agree that at its highest level of generality, activity is characte­rized through the prism of its goal and means. Choosing a goal to the achievement of which a person will dedicate his activities is called «goal-setting». If an idea cannot be implemented at once and requires a number of consecutive actions, the goal is specified through separate tasks referring to the stages of work. The unification of the goal and tasks into a whole constitutes «goal-setting». This methodological basis is applicable to all types of human activities, including the criminal procedure one. A scholarly definition of goal-setting in Russian criminal court proceedings is impossible without a comparative legal study of this issue in other countries. The author uses two universally recognized systems of law as a basis for this: the Anglo-Saxon system and the Romano-Germanic legal system. Besides, the author presents an analysis of the criminal procedure legislation of ex-USSR countries (Ukraine, Belarus, Kazakhstan, Kirgizstan), Asian countries (the PRC, Japan) and the Middle East (Turkey). As for the legislations of the Anglo-Saxon legal family (England, Wales, the USA), only the American criminal procedure legislation states its goals and tasks. The criminal procedure laws of Austria, the FRG, France, Poland do not include the goal-setting of criminal court proceedings. The criminal procedure codes of Ukraine, Kazakhstan, Kirgizstan state the tasks of criminal court proceedings (process), and the code of Belarus declares tasks of both the criminal procedure law and the criminal process. The criminal procedure legislations of the PRC, Japan, Turkey include the purpose, the goal and tasks. The conducted comparative legal analysis acts as a basis for corresponding conclusions that should be taken into consideration in the process of improving Russian criminal court proceedings.

CONCEPT AND CONTENT OF A RECONCILIATION AGREEMENT IN THE CRIMINAL PROCEEDINGS OF UKRAINE

2017 ◽  
Author(s):  
Mariia Sirotkina ◽  
Keyword(s):  
Criminal Procedure ◽  
Criminal Proceedings ◽  
Main Attention ◽  
Criminal Offense ◽  
Procedural Law ◽  
Legal Nature ◽  
Criminal Procedure Law ◽  
The Subject ◽  
Definition Of

The article is turned out to a scientific search for the concept of "a reconciliation agreement between the victim and the suspect or accused" through the study of the essence of reconciliation and role in criminal proceedings thereof. The author notes that criminal procedural law (until 2012) had been proclaimed another approach to reconciliation between victim and suspect, not involved a dispute procedure as a conflict, the result of which can be reached by compromise and understanding through reconciliation. It is stated that one of the ways to resolve the legal conflict in committing a criminal offense was the opportunity to reach a compromise between the victim and the suspect (the accused) by concluding a reconciliation agreement between them, provided by the Code of Сriminal Procedure of Ukraine (2012). The main attention is placed on the shortcoming of the domestic criminal procedure law which is the lack of the concept of "a reconciliation agreement between the victim and the suspect or the accused", which can be eliminated only through examining the essence or legal nature of reconciliation in criminal proceedings. Taking into consideration the current legislation and modern views on the institution of reconciliation in criminal proceedings, the author's definition of the concept of "a reconciliation agreement" is proposed. Thus, “The conciliation agreement is an agreement in criminal proceedings concluded between the victim and the suspect or the accused person on their own initiative in relation to crimes of minor or medium gravity and in criminal proceedings in the form of private prosecution, the subject of which is the compensation of harm caused by wrongdoing or committing other actions not related to compensation for the damage that the suspect or the accused is obliged to commit in favor of the victim, in exchange for an agreed punishment and sentencing thereof or sentencing thereof and relief from serving a sentence with probation, as well as the statutory consequences of conclusion and approval of the agreement".

International legal immunities and privileges of the Рrosecutor amicus curiae

2020 ◽  
Vol 22 (3) ◽  
pp. 55-63
Author(s):  
EKATERINA A. KOPYLOVA ◽  
Keyword(s):  
Ad Hoc ◽  
International Criminal ◽  
Legal Regulation ◽  
Criminal Court ◽  
International Treaties ◽  
Amicus Curiae ◽  
Criminal Courts ◽  
Criminal Proceedings ◽  
International Criminal Tribunals ◽  
Foreign Science

The article considers the international legal regime of immunities and privileges of amicus curiae prosecutors of international criminal courts which are intended to ensure independent and unhindered performance of their functions in prosecuting crimes against the administration of justice. Due to the lack of doctrinal research in this field, whether in the domestic or foreign science of international law, the study is characterized by scientific novelty. Its empirical basis is constituted of the provisions of international treaties governing the immunities and privileges of staff of the ad hoc international criminal tribunals and the International Criminal Court. It is noted that today the state of international legal regulation of immunities and privileges of amicus curiae prosecutors is not quite satisfactory as it contains significant gaps. Two possible approaches to determining the scope of the immunities and privileges of amicus curiae prosecutors are identified: the first based on their status and the second – on the functions they perform. Their critical analysis leads to the conclusion that the functional approach is more in line with the principle of equality of arms in international criminal proceedings. As a result of its application, the scope of the immunities and privileges of amicus curiae prosecutors coincides with the scope of the immunities and privileges granted to staff of the Offices of Prosecutors at the international criminal tribunals.

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.

Process of detention in Ukrainian criminal procedure

2020 ◽  
Vol 5 (5) ◽  
pp. 216-222
Author(s):  
Dariya Lazareva ◽  
Nataliia Reztsova
Keyword(s):  
Criminal Procedure ◽  
Research Paper ◽  
Criminal Proceedings ◽  
Definition Of ◽  
Immediate Response

This research paper presents the analysis of essential characteristics of the detention process by an authorized official as an institution of criminal procedure. The author's definition of the concept of detention by an authorized official has been formulated. The authors have proposed to consider the use of this measure to ensure criminal proceedings as a form of proper and immediate response by authorized officials to the discovery of a crime and obtaining primary information that allows to reasonably suspect a person in its commission.

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.

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