scholarly journals The Institute of Deposition of Testimonies: Criminal Procedure Codes of Post-Soviet States

2020 ◽  
Vol 8 (1) ◽  
pp. 84-110
Author(s):  
Artur Ghambaryan ◽  
Liana Ghazaryan
Keyword(s):  
Comparative Analysis ◽  
19Th Century ◽  
Criminal Procedure ◽  
Procedure Code ◽  
Effective Instrument ◽  
English Law ◽  
The Republic ◽  
Procedure Codes ◽  
The 19Th Century ◽  
Hearsay Evidence

This article argues about the importance of gathering written evidence (testimony) which, as a prototype of judicial deposition, may be regarded as an effective instrument for criminal procedure. The article incorporates the works of the British, German, and Russian theorists of the 19th century, and the legislative regulations of this period. Despite the fact that the concept of “judicial deposition” has only recently entered into practice in the new criminal procedure codes of post-Soviet states, its roots can be traced back to the 19th century English law. This paper focuses on the legislative regulations of the post-Soviet countries, in particular, the procedures set out in the new criminal procedure codes, including the novelties and peculiarities of the Draft Criminal Procedure Code of the Republic of Armenia. The authors have referred, in more detail, to the Criminal Procedure Code of the Republic of Armenia, which has substantial peculiarities. In this respect, the article presents the opinions of the experts on judicial deposition testimonies. Discussing the differences in the legislative regulations of several countries, this article, through a comparative analysis, points how different countries approach deposition of testimonies. Additionally, the article examines the fundamental differences between deposition testimonies and hearsay evidence.

scholarly journals GENESIS OF THE PROTOCOL FORM OF PRE-TRIAL INVESTIGATION IN THE CRIMINAL PROCEDURE LEGISLATION OF THE REPUBLIC OF KAZAKHSTAN

2021 ◽  
pp. 32-37
Author(s):  
Р.О. Абдульдинов ◽  
T.A. Khanov
Keyword(s):  
Comparative Analysis ◽  
Criminal Procedure ◽  
Criminal Proceedings ◽  
Socialist Republic ◽  
Soviet Socialist Republic ◽  
Procedure Code ◽  
The Republic ◽  
Simplified Procedure

The article discusses certain issues related to the protocol form of pre-trial investigation of criminalcases. A hypothesis is tested that defines protocol proceedings as a simplified (accelerated) form of pre-trialinvestigation used in criminal proceedings in the Republic of Kazakhstan. A comparative analysis of theprotocol form of pre-trial preparation of materials has been carried out. This form was in force in the 1959Criminal Procedure Code of the Kazakh Soviet Socialist Republic. The simplified procedure for pre-trialproceedings was introduced by the Criminal Procedure Code of the Republic of Kazakhstan in 1997.The accelerated procedure for pre-trial investigation has been in force in the criminal procedurelegislation of the Republic of Kazakhstan since 2014. The authors came to the conclusion that the protocolform is a full-fledged procedural production of the pre-trial investigation. This form practically does notcontain elements of simplification, and the introduced changes and additions have brought to naught theaccelerated procedure. This led to the fact that most of the cases are terminated due to violation of thetimeframe for the investigation.

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 Search in Criminal Procedure of Russia and Germany: Comparative Legal Characteristics

2018 ◽  
Vol 50 ◽  
pp. 01159
Author(s):  
Anton Shamne
Keyword(s):  
Comparative Analysis ◽  
Federal Republic ◽  
Russian Federation ◽  
Criminal Procedure ◽  
Federal Republic Of Germany ◽  
Procedure Code ◽  
The Status ◽  
The Subject ◽  
The Russian Federation ◽  
Similarities And Differences

The article compares the Criminal Procedural Codes provisions of the Russian Federation and the Federal Republic of Germany that regulate conducting a search as an investigative act. It also provides and compares the definitions of the concept “search” and “dwelling” given in Russian and German criminal procedural legislation. The reasons for conducting the search in general and the search of dwelling are considered, similarities and differences are revealed in relation to the status of the subject who is under the search. The author characterizes the search of dwelling and gives a comparative analysis of this investigative action as well as the notion of “urgent cases” in both countries. The authors also proposed some brief recommendations for improving the norms of the Russian Federation Criminal Procedure Code.

scholarly journals Creation and Development of State Food Security System in Yakutia in 19th Century

2020 ◽  
pp. 308-321
Author(s):  
N. I. Burnasheva
Keyword(s):  
19Th Century ◽  
Storage System ◽  
Regional Government ◽  
Regional Administration ◽  
National Archives ◽  
The Republic ◽  
Food Reserves ◽  
Spread Of Agriculture ◽  
Favorable Conditions ◽  
The 19Th Century

Based on the documents of the National Archives of the Republic of Sakha (Yakutia), published reviews and reports of the regional administration, the creation of state and public grain and food reserves in the 19th century Yakutsk region that were necessary for the population to protect them from starvation and mortality in cattle during adverse years is considered. The main attention is paid to the influence of the bread storage system on the distribution of agriculture, the development of traditional crafts and occupations of foreigners, the development of loan and entrepreneurship. It is noted that, with the efforts and purposeful work of the regional government in Yakutia in the 19th century, along with state-owned shops, a network of rural public bakery stores was created that could adequately provide the population of the region with food, hay and other reserves. It is shown that the organization of a food safety system in the Yakutsk region was based on the principles of a careful attitude of the state to the needs of its subjects, which significantly increased the importance of government events, strengthened the authority and trust of the population in the activities of government. It is concluded that the process of organizing the bread storage system and food funds created favorable conditions for the spread of agriculture in the region, supported traditional crafts and occupations of the population, and opened up opportunities for the development of entrepreneurship.

scholarly journals The indictment on the Charter of criminal procedure through the prism of the modern criminal process

2019 ◽  
pp. 157-162
Author(s):  
Евгений Рябков ◽  
Evgeniy Ryabkov ◽  
Алексей Зайцев ◽  
Aleksey Zaycev
Keyword(s):  
19Th Century ◽  
Criminal Procedure ◽  
Regional Level ◽  
Criminal Cases ◽  
Criminal Process ◽  
Historical Aspect ◽  
Legal Proceedings ◽  
Current State ◽  
Points Of View ◽  
The 19Th Century

The article deals with the historical aspect of the requirements to the indictment in the Russian legal proceedings in the 19th century, analyzes the points of view of leading scientists in modern realities, draws Parallels of continuity and determines the patterns in the development of the criminal process. The article also analyzes the current state of the return of criminal cases by courts at the regional level on the grounds of violations of criminal procedure legislation in the preparation of indictments.

scholarly journals The A.-Z. Validi National Library of the Republic of Bashkortostan — the Beginning of History

2011 ◽  
pp. 98-106
Author(s):  
Rimma A. Gilmiyanova
Keyword(s):  
19Th Century ◽  
Public Libraries ◽  
Research Library ◽  
National Library ◽  
Republic Of Bashkortostan ◽  
The Republic ◽  
The 19Th Century

The article is devoted to the development of the first public libraries in Ufa in the 19th century including Republican Research Library, which became predecessors of the National library of the Republic of Bashkortostan.

scholarly journals Agrarian reforms of Russia at the turn of the XIX–XX centuries in the coverage of economists of the XX century

2021 ◽  
pp. 141-144
Author(s):  
I. K. Shcherbakova
Keyword(s):  
Comparative Analysis ◽  
20Th Century ◽  
19Th Century ◽  
Economic Reforms ◽  
Research Paper ◽  
Russian Empire ◽  
Agrarian Reforms ◽  
The Russian Empire ◽  
The 19Th Century ◽  
Different Parts

The article analyses the features of the development of agriculture in Russia at the end of the 19th century - the beginning of the 20th century. The paper studies and considers attempts to solve the agrarian issue in the specified period. The study considers the course and results of the reform of 1861, as well as economic reforms of the beginning of the 20th century. The author gives an assessment of these reforms, as well as the situation of the peasantry made by the leading economists of that time: N.D. Kondrat'ev, S.L. Maslov, A.V. Peshekhonov, A.V. Chayanov, and also analyses the measures aimed at alleviating the situation of the peasantry and solving the agrarian problems of that period. The research paper also presents a comparative analysis of the consequences of the 1861 reform, its impact on the solution of the agrarian issue in different parts of the Russian Empire, in particular in Poland after the Polish Uprising of 1863.

scholarly journals Medical students, beneficiaries of the state scholarships of the Republic of Serbia, and their education in the 21st century: The possibility of improvement

Sociologija ◽  
2017 ◽  
Vol 59 (2) ◽  
pp. 189-205 ◽  
Author(s):  
Nena Vasojevic ◽  
Mirko Filipovic
Keyword(s):  
Professional Development ◽  
Medical Students ◽  
19Th Century ◽  
Social Mobility ◽  
21St Century ◽  
The State ◽  
Reverse Migration ◽  
The Republic ◽  
Education Of Students ◽  
The 19Th Century

In the 19th century, at the time when Serbia was being established, the education of students scholars abroad was viewed as one of the main tools for professional development and a strong society. Medical students were one of the first who were sent to study abroad. This practice was associated with increasing vertical social mobility of society. The results achieved in the 19th century encouraged us to focus on the study of temporary migrations of students scholars from Serbia in the 21st century. This article was created as a result of this study.4 Our goal was to define the profile of medical students scholars who studied abroad in the 21st century thanks to the state funds, to determine the reasons why they opted for education outside their country, and to determine the level of openness of the Serbian society towards them. However, the main objective was to contribute to the research of reverse migration.

English Competition Law Before 1900

2018 ◽  
Vol 63 (3) ◽  
pp. 350-374 ◽  
Author(s):  
Barry E. Hawk
Keyword(s):  
19Th Century ◽  
Industrial Revolution ◽  
Competition Law ◽  
Freedom Of Contract ◽  
Sherman Act ◽  
Legal Challenges ◽  
Political Conditions ◽  
English Law ◽  
Laissez Faire ◽  
The 19Th Century

English competition law before 1900 developed over many centuries and reflected changes in political conditions, economic theories and social values. It mirrored the historical movements in England, from the medieval ideal of fair prices and just wages to 16th and 17th century nation-state mercantilism to the 18th and 19th century Industrial Revolution and notions of laissez faire capitalism and freedom of contract. English competition law at varying times articulated three fundamental principles: monopolies were disfavored; freedom to trade was emphasized; and fair or reasonable prices were sought. The Sherman Act truly was a watershed that significantly took a different path from English law as it had evolved. In England, legal challenges to monopolization were limited to the royal creation of monopolies and were concentrated in the 17th and early 18th centuries. A prominent element of English competition law—bans on forestalling—was repealed in the first half of the 19th century. Enforcement of English law against cartels was largely emasculated by the end of the 19th century with the ascendancy of freedom of contract and laissez faire political theory.

Maps, Power, and the Pacification of La Araucanía-Chile, 1850–1900

2019 ◽  
Author(s):  
Pablo Azócar Fernández ◽  
Zenobio Saldivia Maldonado
Keyword(s):  
19Th Century ◽  
Power Relations ◽  
Scientific Discourse ◽  
Critical Cartography ◽  
History Of Cartography ◽  
The Social ◽  
History Of ◽  
The Republic ◽  
The 19Th Century

In the history of cartography and in critical cartography, there is a link between the role of maps and power relations, especially during the conquest and domination of territories by national states. Such cartographic products have frequently been used—for both their scientific and persuasive content—in different places, such as in Chile in the Araucanía region during the so-called pacification process, led by the Chilean state during the second half of the 19th century. From a cartographic perspective, the “epistemological and unintentional silences on the maps” can be observed for maps produced during this process. It implied that the “scientific discourse” and the “social and political discourse” of the cartographic images generated during this process of conquest and domination were relevant for the expansionist objectives of the Republic of Chile.

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