scholarly journals Scientific and Practical Aspect of Legal Regulation of the Institute of Defense Lawyer in the Criminal Process

2021 ◽  
pp. 016-026
Author(s):  
I. S. Iskevich ◽  
◽  
O. V. Moiseeva ◽  
Keyword(s):  
Legal Regulation ◽  
Practical Aspect ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
Defense Lawyer

In the article, the authors analyze scientific and practical aspects of legal regulation of the institution of the defender in criminal proceedings, referring to various grounds laid down in the characteristics of this institution. The authors consider the legal positions regarding the participation of professional and non-professional defense lawyers in criminal proceedings, characterize their powers within the possibility of their participation in procedural actions, and pay attention to the moral aspects of their activities.

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.

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.

scholarly journals Current problems of the institute of extradition in modern criminal proceedings Russian Federation

2020 ◽  
pp. 126-135
Author(s):  
S. V. Matveev ◽  
S. M. Kolotova
Keyword(s):  
Law Enforcement ◽  
International Cooperation ◽  
Russian Federation ◽  
Legal Regulation ◽  
Theory And Practice ◽  
Criminal Proceedings ◽  
Law Enforcement Agencies ◽  
Criminal Process ◽  
Legislative Framework ◽  
The Russian Federation

The Institute of extradition is one of the most important areas of international cooperation in the fight against crime, since this tool ensures the achievement of the fundamental principles of the criminal process, which include: the restoration of the rights of the victim violated by the crime, the application of fair punishment to the criminal, despite the differences in the legal regulation of this issue in the jurisdiction of different States. However, should the legal regulation currently, this institution does not have, and therefore the activities of law enforcement agencies in this part cause certain difficulties.The article analyzes some features of the legal regulation of the institution of extradition in the criminal process of the Russian Federation, identifies current problems of theory and practice of application. In addition, the author suggests ways to solve the problems of legal regulation of this institution. Attention is focused on the need to make changes not only to the legislative framework, but also to modernize the extradition mechanism itself. In addition, the current issues that arise in the course of the extradition procedure, both at the request of the Russian Federation and foreign States, are considered. 

CONTENT AND LEGAL REGULATION OF PROHIBITIONS AS AN ELEMENT OF PREVENTIVE MEASURES SYSTEM IN THE RUSSIAN CRIMINAL PROCESS

2020 ◽  
pp. 61-65
Author(s):  
Алексей Викторович Орлов ◽  
Надежда Викторовна Грязева
Keyword(s):  
Preventive Measures ◽  
Criminal Procedure ◽  
Legal Regulation ◽  
Scientific Article ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
The Status ◽  
The Russian Federation ◽  
Legal Restrictions ◽  
Legislative Changes

Институт мер пресечения в отечественном уголовном процессе в последние годы подвергается серьезным изменениям. Потребности правоприменительной практики, активные изменения в окружающем нас мире, формирование новой технологической и информационной среды - все это заставляет законодателя пересматривать казавшиеся незыблемыми и устоявшимися правовые институты. Внесены были законодательные правки и в казавшуюся окончательно сформировавшейся систему мер пресечения. Запрет определенных действий, который получил статус самостоятельной меры пресечения, применяется в российском уголовном процессе с 2018 г. Однако до сих пор многие проблемные вопросы применения этого принудительного средства воздействия на поведение обвиняемого и подозреваемого остаются без ответа. По мнению авторов статьи, настало время дать оценку названной меры пресечения и на основе наработанного практикой опыта попытаться дать ответы на самые дискуссионные вопросы ее применения. Предложенная законодателем в ст. 105.1 УПК РФ идея «комбинирования» мер пресечения путем совмещения установленных основной мерой пресечения правоограничений и «дополнительных» запретов представляется нам далеко не бесспорной. На основе анализа текста закона в представленной научной статье предлагаются концептуальные направления для решения возникших сложностей. Отдельно обращается внимание на необходимость соблюдения правил законодательной техники и недопущение внутренних противоречий в уголовно-процессуальном законодательстве. The institution of preventive measures in Russian criminal process has been undergoing serious changes in recent years. The needs of law enforcement practice, active changes in the world around us, the formation of a new technological and information environment - all this forces the legislator to revise the legal institutions that seemed unshakeable and well-established. Legislative changes were also made to the system of preventive measures that seemed to be finally formed. The ban on certain actions, which has been granted the status of an independent measure of restraint, has been applied in Russian criminal proceedings since 2018. However, so far, many problematic questions about the use of this coercive means of influencing the behavior of the accused and suspect remain unanswered. According to the authors of the article, it is time to assess the mentioned measure of restraint and, based on the experience gained in practice, try to give answers to the most debatable questions of its application. Proposed by the legislator in article 105.1 of the code of criminal procedure of the Russian Federation, the idea of «combining» preventive measures by combining the legal restrictions established by the main measure of restraint and «additional» bans seems to us far from indisputable. Based on the analysis of the text of the law, the presented scientific article offers conceptual directions for solving the difficulties that have arisen. Special attention is paid to the need to comply with the rules of legislative technique and prevent internal contradictions in the criminal procedure legislation.

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 ON A PROSECUTOR AS A SUBJECT OF PROVING ON PRE-TRIAL STAGES OF A NATIONAL CRIMINAL PROCEDURE

2020 ◽  
Vol 12 ◽  
pp. 27-30
Author(s):  
Aleksey A. Zakharyan ◽  
Keyword(s):  
Preliminary Investigation ◽  
Criminal Procedure ◽  
Legal Regulation ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
Scientific Methods ◽  
Foreign Countries ◽  
The Subject ◽  
Forensic Tools ◽  
The Right

The participation of the prosecutor in the criminal process covers both his judicial and pre-trial stages. It is well known that the prosecutor in the Russian criminal process acts as the subject of evidence, not only as the state prosecutor, but mainly as the person conducting the criminal process or observing (supervising) his proceedings in the pre-trial stages of criminal proceedings. In the doctrine of the Russian criminal process, starting with the Charter of the Criminal Procedure of 1864 and up to and including the modern Code of Criminal Procedure of 2001, the prosecutor, to one degree or another, acted as a full-fledged subject of evidence in the preliminary investigation. In the current legal regulation of the prosecutor, despite a number of sign if I can t deformations of his procedural status, it can be attributed to full-fledged subjects of evidence. After the well-known reform of June 5, 2007, which significantly affected the procedural status of the prosecutor at the pre-trial stages of the criminal process, the prosecutor, in the opinion of many well-known procedural scientists (the positions will be given in the presentation of the material), ceased to be a full-fledged subject of proof, since the participation of the prosecutor in evidence is associated with the availability of authority to collect, verify and evaluate evidence. The Russian prosecutor is deprived of forensic tools, he does not have the right to independently collect evidence by carrying out investigative actions, and in relation to the investigation he is deprived of even the authority to give the investigator binding instructions on collecting and verify in evidence. Based on the objectives of the study, the author assesses the content of the powers of the prosecutor as the subject of evidence in the pretrial stages of Russian criminal proceedings When writing the article, the author used general scientific methods (analysis, induction, deduction and others and private scientific methods (formal logical, comparative, legal). Based on analysis of the latest trend since forming the pre-trial stages of the criminal process of foreign countries, it is proposed to clarify the procedural status of the prosecutor in pre-trial proceedings.

scholarly journals Institute of Defense at the Present Stage of Development of Criminal Justice in Russia

2021 ◽  
Vol 2 ◽  
pp. 92-98
Author(s):  
V.A. Smirnov ◽  
◽  
M.P. Peryakina ◽  
Keyword(s):  
Criminal Justice ◽  
Criminal Case ◽  
Legal Assistance ◽  
Present Stage ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
Financial Capacity ◽  
Defense Lawyer ◽  
Stage Of Development ◽  
The Right

The article examines some procedural issues of the participation of the defender in the criminal proceedings, the problems of compliance with the principle of adversarial parties at all stages of criminal proceedings. A clear discrepancy between the rights of the parties to the prosecution and the defense at the pretrial stages of the criminal process was established. Since all key decisions on the movement of a criminal case (suspension of a criminal case, bringing a person as an accused, termination of a criminal case, issuing an indictment, an indictment or an indictment, etc.) are made by the investigator, the inquirer, who belong to the prosecution, and the defense lawyer can practically have no influence on these decisions. In addition, in Russian criminal proceedings, the defender still does not have the right to collect evidence along with the investigator, the inquirer. In addition, the authors of the article consider the actual issue of providing legal assistance to persons who do not have the financial capacity to pay for a lawyer. The article notes that the intervention of the competent authorities in the case of inadequate assistance of the defender is required only when the free-appointed defender has shown a clear inability to provide effective assistance. Special attention is paid to such a concept as “attorney-client privilege”. It has been determined that advocate secrecy in criminal proceedings is absolute, which is currently unacceptable for Russian reality. It is proposed to introduce certain amendments to the current legislation of Russia, which will help to increase guarantees for the implementation of the institution of protection in criminal proceedings.

scholarly journals The victim’s rights in the use of coercive measures during pre-trial investigation in the Republic of Kazakhstan

2020 ◽  
Vol 2 (2) ◽  
pp. 197-202
Author(s):  
Yerbol Omarov ◽  
Adil Inkarbekov
Keyword(s):  
Preventive Measure ◽  
Criminal Procedure ◽  
Legal Regulation ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Criminal Process ◽  
Coercive Measures ◽  
Institu Tions ◽  
The Republic ◽  
The Right

Kazakhstan has adopted a policy of procedural economy, which is expressed in the acceleration of the pas-sage of criminal cases at all stages of the criminal process. The introduction of many new procedural institu-tions and forms of pre-trial investigation, the updating of criminal procedure legislation actualizes the issue of investigating the procedural status of the victim. The modern domestic criminal process should provide a balance between numerous novelties and procedural rules designed to ensure compliance with the principle of competition and equality of the parties to the prosecution and defense. In accordance with this principle, "the parties involved in criminal proceedings are equal, that is, they are given equal opportunities to defend their position in accordance with the Constitution of the Republic of Kazakhstan and the CPC. The authors have studied international documents regarding the regulation of the rights of victims in criminal proceedings. The victim is one of the Central figures in the criminal process, especially if it is a crime against the person, and must have broad rights to protect their interests. In this regard, the issue of choosing a preventive measure against a suspect (accused), taking into account the opinion of the victim, is of particular importance. The authors studied the opinions of scientists and practitioners on the issue under consideration, as well as the provisions of criminal procedure legislation regulating the rights and obliga-tions of the victim, the ratio of General and special norms. As a result, the authors concluded that it is necessary to grant the victim the right to Express his opinion on the use or non-use of coercive measures against the suspect. In the course of studying this issue, the authors applied methods of comparative analysis, deduction, forecasting, and others. On the basis of the research, appropriate recommendations were developed to improve the legal regulation of the rights of the victim in criminal proceedings of the Republic of Kazakhstan.

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.

scholarly journals Formation of Real Legal Regulationin the Practice of Criminal Procedure Law

2018 ◽  
Vol 5 (2) ◽  
pp. 125-130
Author(s):  
V S Shadrin
Keyword(s):  
Criminal Procedure ◽  
Legal Regulation ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Criminal Process ◽  
Legal Norms ◽  
Procedural Law ◽  
Criminal Procedure Law

The article explains the recognition of the criminal procedure law as the only source of criminal procedural law, examines the content of legal regulation in criminal cases as part of legal norms, legal relations and individual requirements, demonstrates how the model of criminal proceedings, fixed in the criminal procedure law, turns into a real criminal -process law.

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