scholarly journals On certain issues of regulation of investigating judge`s authority to consideration of applications for temporary access to objects and documents

2019 ◽  
pp. 215-223
Author(s):  
Ye. Lysachenko
Keyword(s):  
Legal Basis ◽  
Legal Practice ◽  
Criminal Proceedings ◽  
Effective Protection ◽  
Legislative Regulation ◽  
Important Means

Temporary access to objects and documents is one of the most common means of ensuring criminal proceedings and an important means of gathering evidence. This measure of criminal proceedings represents the undoubtedly basic instrument for the formation and consolidation of evidence, which will further serve as a legal basis for the promulgation of a correct and well-founded procedural decision by the investigator or prosecutor during a full, complete and impartial pre-trial investigation. The author of the article is intended to investigate the problematic issues of regulation of investigating judge`s authority to consideration of applications for temporary access to objects and documents. Attention is drawn to the lack of legislative regulation of the powers of the investigating judge to issue a decision on the return of the petition and the refusal to grant it in the case of non-compliance of such petition with the requirements of criminal procedural legislation. The decision of the investigating judge, type of which is not provided by the CPC of Ukraine, is contrary to the principle of the lawfulness of criminal proceedings, adversely affects the effective protection of the rights, freedoms and interests of the person in the framework of criminal proceedings, the effectiveness of criminal procedural evidence and the formation of unambiguous legal practice. The author concludes that in order to improve the institute of temporary access to objects and documents, the following changes should be made to the CPC of Ukraine: - Art. 163 as a rule on the procedural possibility of an investigating judge to return to a party of criminal proceedings a request for temporary access to things and documents, if it is filed without observing the requirements of Art. 160 CPC of Ukraine; - the norm of refusal to grant such a request in case of non-compliance with the requirements of Part 5 of Art. 163 of the CPC of Ukraine. In view of the above, the investigating judge will be empowered by law to rule on the results of the consideration of the request for temporary access to the things and documents of the decision on: 1) satisfaction of the request, 2) refusal to grant the request, 3) return of the request. The proposed amendments to the current CPC of Ukraine in terms of improving the procedure of temporary access to things and documents as a means of criminal procedural evidence, in particular the introduction of alternative types of rulings, will certainly increase the effectiveness of criminal procedural evidence, as well as ensure the effectiveness of the functioning of the investigative institution.

COMMUNITY CORRECTIONS IN THE LIST OF THE MAIN CORRECTIONAL MEANS FOR CONVICTS: SOME ASPECTS

2021 ◽  
pp. 47-53
Author(s):  
Наталья Сергеевна Малолеткина
Keyword(s):  
Community Corrections ◽  
Legal Basis ◽  
Legislative Regulation ◽  
Important Means

В статье рассматривается ряд теоретических проблем общественного воздействия как средства исправления осужденных (его содержание, субъекты осуществления, соотношение с другими средствами исправления и пр.) и недостатков правовой основы данного института. Приводятся практические примеры осуществления общественного воздействия в отношении осужденных к лишению свободы. Делается вывод, что общественное воздействие при ненадлежащем законодательном регулировании представляет собой важнейшее средство исправления осужденных (наряду с режимом), которое с учетом разносторонности субъектов его осуществления имеет многообразное содержание и фактически отчасти дублирует другие средства исправления. The article examines a number of theoretical problems of community corrections as a means of correcting convicts (its content, subjects of implementation, correlation with other means of correction, etc.) and the shortcomings of the legal basis of this institution. Practical examples of the community corrections implementation in relation to persons sentenced to imprisonment are given. It is concluded that community corrections with improper legislative regulation is the most important means of correcting convicts (along with the regime), which, taking into account the versatility of the subjects of its implementation, has a diverse content and in fact partially duplicates other means of correction.

International Cooperation under the United Nations Convention against Transnational Organized Crime

2021 ◽  
Vol 3 (4) ◽  
pp. 3-25
Author(s):  
Andreas Schloenhardt
Keyword(s):  
United Nations ◽  
International Cooperation ◽  
Organized Crime ◽  
Legal Assistance ◽  
Legal Basis ◽  
Practical Application ◽  
Criminal Proceedings ◽  
Transnational Organized Crime ◽  
United Nations Convention ◽  
The United Nations

Abstract This article examines the international cooperation provisions under the United Nations Convention against Transnational Organized Crime and their practical application in reported cases. It explores the circumstances in which States Parties have used or attempted to use the Convention as a legal basis for extradition, mutual legal assistance, transfer of sentenced persons, transfer of criminal proceedings, joint investigations, or other forms of international cooperation. The article seeks to provide a better understanding of the opportunities offered by the international cooperation provisions, and the challenges and obstacles faced by States Parties requesting cooperation or being requested to provide cooperation under the Convention.

scholarly journals TEMPORARY ACCESS TO DOCUMENTS CONTAINING MEDICAL CONFIDENTIALITY (CRIMINAL PROCEDURAL ASPECT)

2020 ◽  
Vol 73 (5) ◽  
pp. 1032-1036
Author(s):  
Serhii Ye. Ablamskyi ◽  
Vitalii V. Romaniuk ◽  
Ruslan P. Chycha ◽  
Viktoriia V. Ablamska
Keyword(s):  
Comparative Analysis ◽  
Scientific Knowledge ◽  
Legal Basis ◽  
Criminal Proceedings ◽  
Medical Confidentiality ◽  
The Future ◽  
Improvement Of Legislation ◽  
Access To Documents ◽  
Procedural Aspect

The aim of the study: 1) to determine the features of temporary access to documents containing information that may be a medical confidentiality; 2) to identify legislative gaps regarding the regulation of the measure of criminal proceedings; 3) to formulate proposals for improvement of legislation in the part of the investigated issue. Materials and methods: The legal basis for the protection of information that may be a medical confidentiality is provided. Legislative provisions have been identified and analyzed, which provide for particulars of access to documents containing information that may be a medical confidentiality. It is argued that the evidence collected in violation of the procedural order of the measure of criminal proceedings is inadmissible and therefore cannot be taken into account by the court in the future. Writing the article, the authors used both general and special methods of scientific knowledge, namely: formal-legal, formal-logical, comparative analysis and logical-normative. The complex application of these methods has made it possible to formulate science-based conclusions and proposals. Conclusions: Exemption of documents containing information that may constitute medical confidentiality should be done exclusively by temporary access to them. In order to eliminate the legislative gaps of the investigated issue, it is proposed to amend the current legislation accordingly.

scholarly journals Medical and Chemical Expertise in English Trials for Criminal Poisoning, 1750–1914

2006 ◽  
Vol 50 (3) ◽  
pp. 373-390 ◽  
Author(s):  
Katherine D Watson
Keyword(s):  
Nineteenth Century ◽  
Expert Testimony ◽  
Late Nineteenth Century ◽  
Legal Practice ◽  
Criminal Proceedings ◽  
Criminal Trials ◽  
Medical Expertise ◽  
History Of ◽  
The Subject ◽  
Eighteenth And Nineteenth Centuries

This article contributes to the literature on the history of medico-legal practice by using a survey of 535 poisoning cases to examine the emergence of forensic toxicological expertise in nineteenth-century English criminal trials. In emphasizing chemical expertise, it seeks both to expand upon a limited literature on the history of the subject, and to offer a contrast to studies of criminal poisoning that have tended to focus primarily on medical expertise. Poisoning itself is a topic of abiding interest to historians of forensic medicine and science because (together with insanity) it long tended to attract the greatest attention (and often confrontation) in criminal proceedings. In looking at a wide number of cases, however, it becomes apparent that few aroused true medico-legal controversy. Rather, the evidence from several hundred cases tried as felonies during the eighteenth and nineteenth centuries indicates that prior to the 1830s few presented any opportunity for “a battle of experts”. While Ian Burney and Tal Golan have shown that this was certainly not the case during the mid and late nineteenth century, this paper goes further by dividing the period under study into three distinct phases in order to show how expert testimony (and experts themselves) changed during the course of the century, and why this process opened a door to the potential for formalized controversy.

The Rays of Šamaš: Light in Mesopotamian Architecture and Legal Practice

Iraq ◽  
2012 ◽  
Vol 74 ◽  
pp. 51-64
Author(s):  
Mary Shepperson
Keyword(s):  
Urban Communities ◽  
The Sun ◽  
Legal Basis ◽  
Legal Practice ◽  
Direct Sunlight ◽  
Ongoing Research ◽  
Ur Iii ◽  
Architectural Change ◽  
To Receive

As part of ongoing research into the significance of light in ancient Mesopotamian architecture and ideology, a reorientation of the main external gateways of city temples can be identified, occurring from around the beginning of the Ur III period. This change in orientation allowed temple gateways to receive direct sunlight onto their external façades during the morning throughout the year. One possible explanation for this architectural change is found in the legal practices of the late third and second millennia B.C. It is proposed that access to sunlight, and therefore the presence of the sun god, was significant for the taking of oaths and the administration of law at temple gateways from the Ur III period onwards, thereby promoting a south-easterly orientation for these gateways. With this in mind, the careful provision of morning light access to the doorways of the neighbourhood chapels of residential Ur may be taken as evidence for the local neighbourhood administration of some legal functions. This in turn suggests a possible cultic and legal basis for the formation of these localised subdivisions of urban communities.

scholarly journals Postępowanie administracyjne w sprawie czasowego odebrania zwierzęcia

2019 ◽  
pp. 253-263
Author(s):  
Agnieszka Rotkiewicz-Szarnowska
Keyword(s):  
Competent Authority ◽  
Criminal Court ◽  
Criminal Proceedings ◽  
Effective Protection ◽  
Judicial Decisions ◽  
Administrative Body ◽  
Administrative Courts ◽  
Administrative Proceedings

The main purpose of the article is to present the administrative proceedings concerning the temporary taking the animal from the owner or the keeper of the animal. The author notices that the institution of the temporary taking an animal raised great interest in literature and judicial decisions of the administrative courts. The legislator decided that the competent authority may take an animal from the owner or the keeper of an animal because of the inhumane treatment of this animal. Such decision is provisional because in the long term, the criminal court should take the fnal decision in the criminal proceedings. The author shares the opinion that this institution aims to ensure the effective protection from the inhumane treatment of animals, taking account of their specifc needs. The considerations concerning the temporary taking an animal lead to the conclusion that the administrative body should obey the principles on the effective investigation and documentation of cruel and inhumane treatment of animals.

scholarly journals General Requirements for Secret Investigative (Search) Actions: Procedural Characteristics

2020 ◽  
Vol 90 (3) ◽  
pp. 212-223
Author(s):  
Я. Ю. Конюшенко
Keyword(s):  
Appellate Court ◽  
Legal Basis ◽  
General Requirement ◽  
Criminal Proceedings ◽  
Criminal Offense ◽  
The Third ◽  
Territorial Jurisdiction ◽  
Procedural Code ◽  
The Right ◽  
Comprehensive Study

A comprehensive study of the provisions of the Criminal Procedural Code of Ukraine, which regulate the general requirements for secret investigative (search) actions, has been carried out. A comparative analysis of the legislative provisions on the issue has been carried out, which made it possible to distinguish seven groups of general requirements for the implementation of secret investigative (search) actions. The first general requirement of secret investigative (search) actions includes restrictions on their use in criminal proceedings, as they are carried out only in cases where information about the criminal offense and the person who committed it, cannot be obtained in any other way. The second general requirement for conducting secret investigative (search) actions includes restrictions on their use in criminal proceedings, in particular the fact that they are conducted exclusively in criminal proceedings for grave or especially grave offenses. The third general requirement for conducting secret investigative (search) actions is that the legal basis for their implementation is a lawful, reasoned and motivated decision of the investigating judge, issued at the request of the prosecutor or investigator, agreed with the prosecutor. The fourth general requirement for conducting secret investigative (search) actions is that the investigating judge of the appellate court has the right to make the decision to implement them, where the pre-trial investigation agency is within the territorial jurisdiction of that judge. The fifth general requirement includes rules concerning the content of the application for a permit to conduct secret investigative (search) action, the procedure for its consideration by the investigating judge and the content of the decision of the investigating judge. The sixth general requirement for conducting secret investigative (search) actions includes rules that set deadlines for their implementation. The seventh general requirement for conducting secret investigative (search) action includes the rule that the investigator, the interrogator conducting the pre-trial investigation, or, on his behalf or on behalf of the prosecutor, authorized operative units have the right to conduct secret investigative (search) actions.

scholarly journals Criminal legal basis for an expedited trial procedure provided by the chapter 40 of the Russian Criminal Procedure Code

2021 ◽  
Vol 5 (2) ◽  
pp. 192-208
Author(s):  
A. V. Boyarskaya
Keyword(s):  
Criminal Law ◽  
System Analysis ◽  
Criminal Procedure ◽  
Criminal Code ◽  
Court Ruling ◽  
Legal Basis ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Procedure Code ◽  
Court Proceedings

The subject of study is the criminal-legal basis for an expedited procedure for adopting a court ruling when the accused person agrees with the charge. These issues are relevant, since in July 2020 the substantive legal basis of the expedited procedure in Russia was changed and now this procedure can only be applied in criminal cases of small and medium gravity.The aim of this work is to study the substantive legal basis of an expedited procedure of litigation from the point of view of the changes were made to it. The author expresses the thesis that the legislators did not quite reasonably link criminal-legal grounds of the expedited procedure with the system of categories of crimes.The methodology. The author used general scientific methods (dialectical, historical, methods of formal logic, system analysis) as well as method of formal legal interpretation of Russian Criminal Code and judicial decisions of Russian courts.The main results, scope of application. The criminal and legal basis of certain criminal procedure is a package of criminal law standards, for the implementation of which a certain criminal and procedural form is intended. The parameters of the substantive basis of criminal proceedings are set with the signs that shall be indicated in the Code of Criminal Procedure and may change. It directly refers to the expedited procedure for adopting a court ruling, by Chapter 40 of the Russian Criminal Procedure Code. Initially, it was assumed that the application of this procedure is permissible in criminal cases concerning crimes the punishment for which does not exceed 5 years imprisonment in accordance with the Russian Criminal Code. The expedited court proceedings began to be applied in criminal cases concerning crimes, the punishment for which does not exceed 10 years imprisonment in accordance with the Russian Criminal Code, since 2003. The Russian Supreme Court made an attempt to reduce the application of court proceedings provided by Chapter 40 of the Russian Criminal Procedure Code in 2019. It turned out to be successful. Legislators have changed the basic criterion that determines the substantive basis for an expedited procedure for adopting a court ruling. Now the system of categories of crimes is this basis. The system of categories of crimes presented in Article 15 of the Russian Criminal Code is not stable enough and is based on a set of provisions of this Code, but the sanctions for many crimes are not scientifically and practically grounded in this Code. In addition, the classification of crimes enshrined in Article 15 of the Russian Criminal Code is based on such a criterion as the nature and degree of public danger of the crime. These categories are among the most complex in the science of criminal law.Conclusions. The use of categories of crimes as a criterion for determining the criminal legal basis of the expedited procedure for making a court decision significantly complicates the application of the expedited procedure.

scholarly journals State responsibility for damage caused by unfair sentence or unfounded arrest

2013 ◽  
pp. 653-665
Author(s):  
Natasa Mrvic-Petrovic ◽  
Zdravko Petrovic
Keyword(s):  
Human Rights ◽  
The State ◽  
State Responsibility ◽  
Legal Basis ◽  
Criminal Proceedings ◽  
General Rules ◽  
Legal Nature ◽  
Protection Of Human Rights ◽  
The Republic ◽  
The Right

The legal basis of state responsibility for damage caused by unfair sentence or unfounded arrest is the need to protect fundamental human rights and freedoms guaranteed by the Constitution and generally accepted international rules. The right to compensation on this basis (although subjective civil right) has a sui generis legal nature, because it is connected with the protection of human rights. Joint public-private legal nature of such a request is expressed in the legislation of the Republic of Serbia, because the circle of authorized persons and the conditions under which they may be entitled to compensation is determined by the criminal procedural rules, while the existence of a legally recognized forms of damage and the extent to which the damage may be reimbursed is estimated according to the general rules of Law of obligations. While the legislation is very progressive, it is observed that, in practice, the applications for compensation are usually submitted because of the most unreasonable detention of up to one month or three months, and the inefficiency of the criminal proceedings, suspended upon the expiration of the absolute limitation of prosecution. The state could easily affect these practices. Also, the priority of state must be meeting its financial obligations with regard to final adjustments, and the imposition of demands for compensation.

scholarly journals The powers and functional activity of the prosecutor in criminal proceedings.

2016 ◽  
Vol 4 (4) ◽  
pp. 444-448
Author(s):  
Владимир Корнуков ◽  
Vladimir Kornukov
Keyword(s):  
Functional Activity ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
Legislative Regulation

the article reveals the connection and correlation powers of the Prosecutor with the function of his activity in the criminal process, analyze the positive and negative sides of legislative regulation of the powers of the prosecutor in pre-trial proceedings.

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