scholarly journals An Investigator as a Subject Using Special Knowledge and Collecting Evidence to Counteract Crime

2020 ◽  
Vol 14 (5) ◽  
pp. 808-815
Author(s):  
Nikolai Shurukhnov ◽  
Iraida Smolkova
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Legal Theory ◽  
Educational Institution ◽  
Criminal Procedure ◽  
Legal Analysis ◽  
Procedure Code ◽  
Special Knowledge ◽  
The Russian Federation ◽  
University Training

In the process of investigative actions, especially non-verbal ones, the search, finding, registering, study of traces and material evidence are of paramount importance. According to rules of the criminal procedure legislation, work with such objects makes it possible to carry out proofing in order to establish the circumstances included in Art. 73 of the Criminal Procedure Code of the Russian Federation. The effectiveness of collecting evidence depends on the use of special knowledge, technical devices, information-telecommunication technologies, and training of the persons involved in investigating actions. Based on this, the object of the article is a comparative legal analysis of the norms of the Criminal Procedure Code of the Russian Federation, the Statute of Criminal Procedure of 1864, and the legal positions of scholars with the purpose of determining whether an investigator possesses any special knowledge, how he acquires that knowledge, and if he is able of using it during the procedural action. The article presents the contents of some norms of the Statute of Criminal Procedure, which considered the court investigator to be the subject of applying special knowledge and demonstrated practical situations in which it was used. Considerable attention is paid to how an investigator acquires special knowledge through the study of criminalistics as a special legal theory in the educational institution of the corresponding sphere (it is noted that 76 % of investigators have higher or special secondary education). A systemic improvement of the qualification of investigators, their specialization on investigating specific types of crimes, their experience are named as sources of special knowledge. The author describes four conditions of the effective use of special knowledge by the investigator himself. It is concluded that, due to the professional university training and the experience in investigating, the investigator acts as a subject of special knowledge and, according to his legal status, should use it for proofing. According to the author, this conclusion follows from the norms of the Criminal Procedure Code of the Russian Federation and stimulates the effectiveness of the investigators work on collecting, verifying, evaluating and using evidence in the process of crime investigation.

scholarly journals Detention and Remand in Custody: Comparative Legal Analysis

2020 ◽  
Vol 15 (3) ◽  
pp. 145-153
Author(s):  
I. V. Karavaev
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Criminal Procedure ◽  
Legal Regulation ◽  
Legal Analysis ◽  
Federal Law ◽  
Procedure Code ◽  
The Russian Federation ◽  
The Law ◽  
The Difference

The paper analyzes the legal regulation of detention in custody of persons confined on suspicion of committing a crime, as well as of persons in respect of whom a measure of restriction in the form of remand in custody was chosen. The norms of the Federal Law “On detention in custody of suspects and accused of committing crimes”, as well as the Criminal Procedure Code of the Russian Federation relating to these relations are considered. The differences between the two types of custody are investigated: “detention” and “remand in custody”. The author identifies six fundamental criteria underlying the difference between the two types of custody: the grounds for the detention; a person or body authorized to decide on detention in custody; duration of custody; custodial facility; legal status of persons in custody; grounds for release. It is concluded that it is necessary to revise the Federal Law "On detention in custody of suspects and accused of committing crimes", changing its structure on the basis that the law actually regulates two independent processes: taking into custody when detaining a person and detention in custody when choosing a measure of restriction in the form of remand in custody.

Ensuring the Rights and Legal Interests of the Victim when Checking the Crime Report: A Comparative Legal Analysis of the Criminal Procedure Codes of the Russian Federation and the People’s Republic of China

2021 ◽  
pp. 128-133
Author(s):  
Irina G. Smirnova ◽  
◽  
Ekaterina V. Alekseeva ◽  
◽  
Keyword(s):  
Russian Federation ◽  
Criminal Procedure ◽  
Legal Regulation ◽  
People’S Republic Of China ◽  
Legal Analysis ◽  
People's Republic Of China ◽  
Republic Of China ◽  
Procedure Code ◽  
The Russian Federation ◽  
Procedure Codes

The article presents a comparative legal analysis of the norms of the Criminal Procedure Code of the Russian Federation and the Criminal Procedure Code of the People’s Republic of China, which regulate the rights and powers of the victim within the framework of the stage of initiating a criminal case. The authors highlight several significant differences in the legal regulation of this issue. The differences are: the obligation to comply with the rules of jurisdiction in China at the stage of filing a statement of a crime, which is not required under the Code of Criminal Procedure of the Russian Federation; compulsory fingerprinting of a person when filing a crime report with a public security agency implemented in China; the existence of several types of preliminary checks (the list of activities carried out as part of these checks in China is open); intensive development of IT technologies and their introduction into the life of society, including for the fight against crime and ensuring law and order in society, in China.

scholarly journals Problems of Using Special Knowledge in Criminal Proceedings and Ways to Solve Them

2018 ◽  
Vol 5 (3) ◽  
pp. 106-110
Author(s):  
O Yu Antonov
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Procedure ◽  
Criminal Case ◽  
Criminal Proceedings ◽  
Procedure Code ◽  
Special Knowledge ◽  
The Russian Federation ◽  
Improvement Of Legislation

In article actual problems of using of the conclusions and evidence of specialist parties and the court, appointment of judicial examination before initiation of criminal case, including problems realization of related innovations of the Criminal Procedure Code of the Russian Federation; the proposals on improvement of legislation, law enforcement practice.

scholarly journals Features of Obtaining, Evaluating and Using of Testimony of a Person Questioned in a Criminal Case of an Accomplice

2021 ◽  
Vol 16 (2) ◽  
pp. 102-113
Author(s):  
V. S. Shadrin ◽  
B. B. Bulatov
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Criminal Procedure ◽  
Criminal Case ◽  
Criminal Proceedings ◽  
Cooperation Agreement ◽  
Criminal Investigations ◽  
Procedure Code ◽  
The Russian Federation

Under Article 56.1 of the Criminal Procedure Code of the Russian Federation, an individual in whose respect the criminal case was separated into a separate proceeding due to the conclusion of a pre-trial cooperation agreement among the participants of the Russian criminal proceedings has appeared. This results in intensification of the discussion of the legal status of not only this individual, but also of a number of other actually existing similar participants. They include, inter alia, a convicted person questioned in the case of his accomplice previously allocated to a separate proceeding due to suspension for one reason or another and subsequently resumed; the person against whom the criminal case has been dismissed, etc. All of them are united by the fact that they are involved in criminal investigations against the accomplices to testify against their wrongful actions. This kind of testimony is of considerable specificity, as it is given by persons with the privilege against self-incrimination and interested in the outcome of the case. This predetermines significant nuances of the procedure of obtaining, evaluating and using such testimonies.

scholarly journals Legal basis for the participation of an expert in the proceedings of the Russian Federation and the United States of America

2021 ◽  
Vol 118 ◽  
pp. 03012
Author(s):  
Elena Anatolievna Logvinets ◽  
Natalia Рetrovna Katorgina ◽  
Natalia Yurievna Sudnikova ◽  
Sergey Nikolaevich Mamin ◽  
Irina Nikolaevna Kislitsina
Keyword(s):  
United States ◽  
Russian Federation ◽  
Legal Status ◽  
Integrated Approach ◽  
The United States ◽  
Legal Analysis ◽  
Legal Proceedings ◽  
Analysis And Synthesis ◽  
Special Knowledge ◽  
The Russian Federation

The purpose of this research is to consider the legal status of an expert in the legal proceedings of the Russian Federation and the United States. In the paper used were such research methods as analysis, synthesis, formal legal and comparative legal. The methods of analysis and synthesis were used to clarify the legal status of an expert in the Russian Federation and the United States. The use of formal legal and comparative legal methods made it possible to conduct a comprehensive comparative study of procedural legislation. The authors applied an integrated approach to the study of the role and essence of competent persons in the two countries’ proceedings. The comparative legal analysis of the rules of proceedings of the Russian Federation and the United States resulted in an assessment of the legislative regulation of the institute of specific expertise in legal proceedings. The given methodological tools made it possible to comprehensively generalise and systematise theoretical postulates, develop their own opinion on issues of the expert participation in the proceedings of the Russian Federation and the United States discussed in the scientific literature. The novelty of the research lies in the fact that it made it possible to assess further prospects for engaging competent persons in Russian legal proceedings. The results obtained during the work can be used for further research in the field of application of special knowledge in the legal proceedings of the Russian Federation and the United States.

scholarly journals Problems of legal regulation of the stage of exciting a criminal case

2021 ◽  
Vol 4 ◽  
pp. 116-120
Author(s):  
M.A. Mityukova ◽  
◽  
N.A. Shishkina ◽  
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Criminal Procedure ◽  
Legal Regulation ◽  
Criminal Case ◽  
Criminal Proceedings ◽  
Procedure Code ◽  
The Russian Federation

The lack of sufficient legal regulation of criminal procedural activity at the stage of initiating a criminal case causes the constant appeal of theorists and practitioners to the study of this stage. At the same time, the legislator has not yet made the necessary changes to the Code of Criminal Procedure of the Russian Federation. This study analyzes the methods of verifying reports of a crime, in particular, the problems of proper process fixing of received objects and documents when using such methods of collecting evidence as reclamation and presentation. Based on the analysis of theoretical provisions and investigative practice, problems are posed and conclusions are drawn about the need to fix the possibility of seizure in the Criminal Procedure Code of the Russian Federation when checking a crime report. The issues of the legal status of participants in the stage of initiating a criminal case at the stage of receiving and registering reports of a crime, during the production of investigative actions are also studied. Conclusions are drawn about the need to make changes to the Code of Criminal Procedure of the Russian Federation aimed at consolidating the legal status of the applicant, the victim, eyewitnesses and other participants in criminal proceedings.

scholarly journals Transformation of Criminal Proceedings against Minors in Contemporary Russian Criminal Procedure: Towards the Twentieth Anniversary of the Adoption of the Criminal Procedure Code of the Russian Federation

2021 ◽  
Vol 3 (3) ◽  
pp. 151-166
Author(s):  
Vyacheslav V. Nikolyuk ◽  
◽  
Elena V. Markovicheva
Keyword(s):  
Russian Federation ◽  
Theoretical Basis ◽  
Legal Status ◽  
Criminal Procedure ◽  
Legal Regulation ◽  
Criminal Proceedings ◽  
Scientific Discussion ◽  
Procedure Code ◽  
Criminal Procedure Law ◽  
The Russian Federation

Introduction. In the Russian criminal process, criminal proceedings against minors have historically taken shape as a complicated procedure. Twenty years of operation of the Criminal Procedure Code of the Russian Federation have shown sufficient efficiency of legal regulation of criminal procedural relations having to do with the investigation and consideration of this category of criminal cases. But in the process of law enforcement, a number of problems were identified that required resolution through the adjustment of the current criminal procedure law. This article is devoted to the analysis of the most significant changes in the normative regulation of criminal proceedings against minors during the period of the Criminal Procedure Code of the Russian Federation. A critical understanding of the process of transformation of the relevant norms will contribute to the development of an updated regulatory model of criminal justice involving minors. Theoretical Basis. Methods. The theoretical basis of the study consisted of both Russian and foreign scientific works in the field of criminal procedural law, specifically those devoted to both complicated proceedings in general and the specifics of juvenile criminal proceedings. The use of a formal legal research method allowed us to identify patterns in the transformation of criminal proceedings against minors. Results. The article reveals the most significant transformations of the normative regulation of criminal proceedings against minors. Some changes and additions made to the Criminal Procedure Code of the Russian Federation during the period of its validity are analysed. Further, he main directions for further scientific discussion on the legal regulation of criminal procedure relations with the participation of minors are outlined. Discussion and Conclusion. Although criminal proceedings against minors show sufficient efficiency and compliance with international law, there is a need to systematise the criminal procedural norms governing the participation in criminal proceedings of all minors, regardless of their procedural status. The authors propose, within the framework of the updated criminal procedure law, to systematically consolidate the norms governing the legal status of not only the underage defendants, but also the juvenile victims and witnesses.

scholarly journals Analysis of the project “On amendments to certain legislative acts of the Russian Federation to provide the victim, suspect, accused with the possibility of reconciliation”

2020 ◽  
Vol 14 (3) ◽  
pp. 362-367
Author(s):  
N.V. Mashinskaya ◽  
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Criminal Procedure ◽  
Alternative Methods ◽  
Federal Law ◽  
Criminal Proceedings ◽  
Procedure Code ◽  
Criminal Procedure Law ◽  
The Russian Federation ◽  
The Right

The problem of legislative regulation of the procedure for reconciliation of the victim with the suspected, the accused until a certain time was only a subject of discussion in the scientific literature. At the same time the state’s need to find measures that can eliminate the consequences of crimes without the use of ordinary criminal procedures has actualized the work on introducing alternative methods of settling the criminal-legal conflict into criminal proceedings. Given the urgent need to apply this procedure in practice, the Interregional Public Center “Judicial and Legal Reform” has developed and posted on its website a draft federal law “On Amendments to Certain Legislative Acts of the Russian Federation to Provide the Victim, Suspect, and Accused with the Possibility of Reconciliation.” To implement the procedure for reconciliation in criminal proceedings, the drafters of the bill propose to include a new chapter in the Criminal Procedure Code of the Russian Federation (hereinafter referred to as the Criminal Procedure Code of the Russian Federation). The author of the article critically evaluates the attempt due to the inconsistency of a number of novels, their uncertainty and inconsistency with the norms of the criminal procedure law. To eliminate the existing shortcomings, it is proposed to provide a separate article defining the procedural status of the conciliator and to include the specified rule in Ch. 8 of the Criminal Procedure Code of the Russian Federation. As a guarantee of the right of the victim, suspect, accused to reconciliation, the introduction of an appropriate addition to the criminal procedure norms governing the legal status of the named participants in criminal proceedings is considered.

To the Matter of Procedural and Legal Problems of Detaining a Person on Suspicion of Committing a Crime

2021 ◽  
Author(s):  
E.V. Bolshakov ◽  
◽  
I.D. Nazarov ◽  
Keyword(s):  
Russian Federation ◽  
Criminal Procedure ◽  
Criminal Case ◽  
Judicial Practice ◽  
Procedure Code ◽  
Legal Nature ◽  
The Status ◽  
The Subject ◽  
The Russian Federation ◽  
The Moment

The subject of the research within the framework of the article is the criminal procedure institute for the detention of a person on suspicion of committing a crime. The legal nature of this institution is analyzed, and comments are given on the normative legal acts and judicial practice regulating the issues of detention. The theoretical basis of the research is based on the publications of the last two decades on this problem, in particular, reflecting the discussion of the process scientists S. A. Shafer, S. B. Rossinsky and A. A. Tarasov, the subject of which was the issue of the legal nature of a suspect detention in a criminal case. In the paper, the authors ask the following questions: What is the detention of a person on suspicion of committing a crime in accordance with the legislation of the Russian Federation? From what moment does the detained person acquire the status of a suspect? Is it possible to detain a person before initiating a criminal case? The study concludes that a person acquires the actual status of a suspect from the moment of direct detention, that is, before documenting this status and, as a result, before initiating a criminal case. Amendments to the articles of the Criminal Procedure Code of the Russian Federation are proposed, and the authors` versions of the definitions of the concepts «detention of a suspect», «the moment of actual detention» and «pre-trial proceedings» are given.

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