scholarly journals Current state and prospects of development of a civil suit in criminal proceedings

Lex Russica ◽  
2019 ◽  
pp. 100-107 ◽  
Author(s):  
T. E. Sushina
Keyword(s):  
Burden Of Proof ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Governmental Organizations ◽  
Current State ◽  
Non Governmental Organizations ◽  
Civil Proceedings ◽  
Civil Suit ◽  
The Subject ◽  
The Russian Federation

The paper analyzes the current state and prospects of development of the mechanism of compensation of harm in criminal proceedings. It is noted that with a steady trend of growing discontent of the majority of victims with the state’s activities to restore their rights violated because of the crime, the courts properly resolve civil claims in criminal cases. The reasons why article 52 of the Constitution of the Russian Federation remains declarative are revealed. The conclusion about the inadmissibility of expanding the subject and grounds of civil claims in criminal proceedings is substantiated. It is indicated that the foreign practice of compensation for harm to victims, including through the formation of compensation funds, the use of mediation procedures, funds of non-governmental organizations, faces many problems that remain unresolved. In this regard, it is proposed to use only the institutions of restitution and voluntary compensation of harm in the criminal process, actively using the possibilities of pre-trial stages, as well as to consider claims that clearly arise from the substance of the criminal law dispute and (or) recognized by civil defendants. The remaining civil law issues directly or indirectly related to the committed or impending crime should be resolved in civil proceedings, where the burden of proof of the asserted claims is placed on the person recognized as the victim in the criminal case, his heir or representative. An important role is given to the improvement of the system of execution of court decisions, including through the development of programs based on the achievements of modern digital technologies.

Forced to sexual activities: legal positions of Supreme Court of the Russian Federation and Republic of Kazakhstan

2019 ◽  
pp. 175-189
Author(s):  
Ardak Alimkhanovna Biyebayeva ◽  
Aigul Mailybayevna Kalguzhinova ◽  
Vera Anatolievna Chunyaeva
Keyword(s):  
Juvenile Justice ◽  
General Procedure ◽  
Criminal Prosecution ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Legal Norms ◽  
Legal Proceedings ◽  
Sexual Activities ◽  
The Subject ◽  
The Russian Federation

The relevance of the study is due to the importance of finding effective and at the same time humane measures to combat crime against minors that meet the generally accepted principles and norms of international law. The purpose of the study is to consider the international legal norms that form the basis of standards in the field of implementation of the rights of minors involved in the criminal proceedings orbit. We consider some aspects of the fair juvenile justice standards implementation in the Russian criminal procedure legislation. We analyze the provisions of the key normative acts in the field of juvenile justice, their application practice, as well as doctrinal approaches to the prospect of further improvement of the criminal procedural form of legal proceedings against minors. On the basis of the analysis, we highlight the proceedings features in the criminal cases category: criminal prosecution can be initiated only after reaching a certain age; expanded the subject of proof; the production involves additional participants; the establishment of additional grounds and conditions for the use of coercive measures related to the restriction of freedom; confidentiality, which determines the characteristics of the trial; expansion of the range of issues resolved by the court in sentencing. It has been concluded that the existing domestic criminal proceedings the order of proceedings in criminal cases in juvenile, despite the peculiarities that distinguish it from the general procedure, it is impossible to recognize the self-differentiated procedure.

scholarly journals Concept of Digital Evidence, Current Status and Its Role in the Evidentiary Process

2020 ◽  
Vol 15 (4) ◽  
pp. 55-60
Author(s):  
A. Yu. Cherdantsev
Keyword(s):  
Russian Federation ◽  
Preliminary Investigation ◽  
Legal Regulation ◽  
Current Status ◽  
Digital Evidence ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Significant Information ◽  
Current State ◽  
The Russian Federation

The article analyzes the international current state of the concept of digital evidence, its meaning, types and role in the process of proving in criminal cases in the practical activities of the preliminary investigation bodies of the Russian Federation, considers some problems arising in law enforcement practice, suggests the author's classification of modern digital traces, studies and compares international practice governing the practical application of digital evidence, their concept and content. The problem of gaps in the legal regulation of digital evidence is considered, as well as the possibility of introducing amendments to the current legislation concerning the legal recognition of digital evidence along with traditional types of evidence, as well as the regulation of the use of digital evidence in criminal proceedings, and a proposal is made to introduce a number of amendments to the current legislation of the Russian Federation, where it is necessary to secure definitions of digital evidence, thus legalizing it, stating in the following re At the same time, it is noted that there is no need to introduce a separate article to regulate digital (electronic) evidences, because it is rather difficult to determine the volume of digital (electronic) evidences (digital criminally significant information), at least because there is no unanimity in this respect and there was no unanimity, besides, due to the dynamic development of electronics, including personal ones, this norm quickly lost its relevance and required amendments, creating a certain gap in legal regulation, which is more complicated.

SYSTEM OF MAIN PROCEEDINGS FOR THE PROTECTION OF PUBLIC LEGAL INTERESTS: WHAT SHOULD IT BE LIKE

2021 ◽  
Vol 10 (6) ◽  
pp. 66-83
Author(s):  
S.A. BURMISTROVA
Keyword(s):  
Public Law ◽  
Power Relationship ◽  
Criminal Proceedings ◽  
Current State ◽  
Legal Relationship ◽  
Civil Proceedings ◽  
The Subject ◽  
State Of Affairs ◽  
Administrative Proceedings ◽  
Broad Understanding

According to modern Russian procedural legislation, the protection of public legal interests is carried out in civil and administrative proceedings. In administrative proceedings, interests that are implemented in a public-law power relationship are protected; in civil proceedings, interests that are implemented in a public legal relationship based on equality of the parties are protected. The author believes that all public legal interests are united in that their implementation is significant for the whole society, its part, and an indefinite circle of people. This feature gives rise to the specifics of not only the implementation, but also the protection of public legal interests. The current state of Affairs in which some publicly-legal interests defended in administrative proceedings and the other in civil law, the author believes is wrong, because it may lead to inadequate protection and the violation of such interests in the application of procedures, not taking into account the peculiarities of the subject of protection. Based on a broad understanding of administrative proceedings as proceedings for the protection of public legal interests, with the exception of those that receive protection in constitutional and criminal proceedings, the author puts forward the thesis that in administrative proceedings there should be proceedings designed to consider disputes that are not related to legal relations. Thus, it is justified that administrative proceedings should have special administrative and administrative claim proceedings.

scholarly journals On legal succession in reconciliation of criminal cases of private prosecution

2021 ◽  
pp. 33-42
Author(s):  
Aminat Alkhazovna Batchaeva
Keyword(s):  
General Rule ◽  
Criminal Procedure ◽  
Criminal Prosecution ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Effective Implementation ◽  
The Subject ◽  
State Coercion ◽  
The Russian Federation ◽  
The Right

The subject of this research is the criminal prosecution of cases established by the Part 2 of the Article 20 of the Criminal Procedure Code of the Russian Federation, which is carried out in private capacity and significantly modifies the rights and responsibilities of the parties to criminal proceedings. Pursuant to the general rule, the state authorities and officials do not carry out private prosecution cases. In view of this, close attention is given the procedural activity of private prosecutor, who is vested the right in application of measures of state coercion, but entrusted with responsibility on formulating, proving, and pressing charges in court. Retrospective analysis of the Russian criminal procedure legislation reveals that modern legislation has no legal succession of the centuries-long experience of classifying a range of offences as cases of private prosecution. The author believes that the list of cases of private prosecution can be extended by taking into account the provisions of the Criminal Law and Practice Statute 1864, Regulations of Punishments Imposed by Justices of the Peace, which enables reconciliation of the parties and entails unconditional termination of proceedings in certain categories of minor offences. This would ensure the effective implementation of criminal proceedings, restoration of social and legal justice, and accessibility of justice to general public.

Entry into Force of Treaties as a Result of Accession

2015 ◽  
Vol 3 (7) ◽  
pp. 0-0
Author(s):  
Саяна Бальхаева ◽  
Sayana Balkhaeva
Keyword(s):  
International Law ◽  
International Cooperation ◽  
Point Of View ◽  
International Treaties ◽  
International Treaty ◽  
Governmental Organizations ◽  
Current State ◽  
Non Governmental Organizations ◽  
The Subject ◽  
Domestic Law

The author analyzes the entry into force of international treaties as a result of accession from the point of view of both the international and domestic law. Multilateral international treaties are the instrument of international cooperation. In this regard the accession is the most interesting type of the entry into force of international treaties. The accession means that an agreement should be bound by an international treaty which the subject of the international law did not sign or participate in its preparation. The author examines the use of the international treaties’ restrictive provisions concerning their accession. The author emphasized that such restrictions are used as a rule in a regional context. The author points out that the provisions on accession may extend to non-governmental organizations. The author points out that despite the apparent trend of the development of multilateral treaties in the direction of their accessibility to the largest possible number of states, the current state of international law does not give grounds to assert that there is an automatic right of states to accede to the treaties, the elaboration of which these states did not participate. The article analyses the practice of different states on the accession to the international treaties.

scholarly journals Crimes against life and health committed in the past: the current state of the problem of these offences solution

2020 ◽  
Vol 2020 (1) ◽  
pp. 158-163
Author(s):  
Anna Ryzhkova
Keyword(s):  
Russian Federation ◽  
Analytical Methods ◽  
Statistical Data ◽  
Criminal Cases ◽  
Right To Life ◽  
The Past ◽  
Current State ◽  
The Subject ◽  
The Russian Federation ◽  
The Right

The article is devoted to the problem of solving crimes against life and health having been committed in the Russian Federation in recent years. The study aims to analyze the current state of efficiency of the investigative authorities of the Russian Federation enquiring previously suspended criminal cases dealing with life and health being regarded as the most dangerous group of crimes on the subject of encroachment.The research methodology consists of formal legal, statistical and analytical methods. The author gives the definition to crimes against life and health committed in the past. The paper describes statistical data of the activities of the investigative authorities of the Russian Federation enquiring previously suspended criminal cases. The study reveals negative dynamics of crime solution effectiveness and indicates the declining interest in a record of subjects of this crime category. Crimes against life and health committed in the past are the most dangerous on the subject of their encroachment. A person, his rights and freedoms including the right to life is the highest value protected by the state. Bringing a guilty person to justice and timely crime solution prove to be important principles of inevitability of responsibility. The analysis has confirmed the priority of further improvement of the methods of investigation of this criminal cases category.

scholarly journals Peculiarities of civil claim and calculation of compensation for emotional harm in cases involving medical aid

2020 ◽  
pp. 52-62
Author(s):  
Kristina Vital'evna Garipova
Keyword(s):  
Russian Federation ◽  
Medical Personnel ◽  
Legal Analysis ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Medical Aid ◽  
Foreign Countries ◽  
The Subject ◽  
The Russian Federation ◽  
Emotional Harm

This article is dedicated to the specificity of filing a civil claim and calculation of compensation for emotional harm in criminal proceedings regarding the improper performance of medical personnel, for illustrating the amounts awarded by the courts of the Russian Federation and analyzing the compensation calculation procedure. The author carries out historical-legal and comparative-legal analysis of the institution of compensation for harm to the aggrieved party in Russia and foreign countries. The goal of this study consists in development of the concept of compensation for harm caused by improper performance of medical personnel that would require the current public needs. The article employs the universal dialectical, logical, formal legal, comparative-legal, and hermeneutic methods. The subject of this research is the norms of the criminal procedural and civil legislation that regulate the questions of compensation for harm in cases involving medical aid. Description is given to the methods of calculation of compensation offered by various representatives of legal science throughout the entire national history. The article is one of the first attempt to analyze compensation for harm within the framework of criminal cases involving medical aid. The conclusion is made that the courts of the Russian Federation award measly compensations.

scholarly journals Metamorphoses of an Adversarial Nature of Criminal Proceedings in Cases of Judicial Review

Lex Russica ◽  
2020 ◽  
Vol 1 (2) ◽  
pp. 44-62
Author(s):  
S. V. Burmagin
Keyword(s):  
Law Enforcement ◽  
Judicial Review ◽  
Burden Of Proof ◽  
Third Parties ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Interested Party ◽  
Criminal Process ◽  
Judicial Proceedings ◽  
The Subject

An adversarial nature of any judicial proceedings, which is characteristic of justice and corresponds to its nature, is revealed in criminal proceedings not only in criminal cases, but also in so called cases of judicial review exercised during pre-trial proceedings. In the present paper the features of adversarial construction of judicial review proceedings in the Russian criminal process are investigated in the context of the purpose and subject of judicial review at pre-trial stages. The author has analyzed the specifics of the conflict relationship, the essence of the legal dispute and the subject composition of the procedural parties in cases of judicial review, as well as the peculiarities of initiating the judicial review proceedings and distribution of the burden of proof between the parties; reveals the transformation of the procedural roles of the main participants of the adversarial proceedings when the disputed issue is transfered from the main proceedings in the criminal case for consideration in the procedure of judicial review within the framework of separate proceedings. The paper also elucidates such features characteristic for certain forms of judicial review as involvement of third parties having their own interest in the judicial review case and restriction of participation in the court session of the interested party. The paper focuses on the problem of ambiguous (from the standpoint of the principle of adversariality) procedural status of the prosecutor in judicial and review proceedings in which independent parties are the investigator and (or) the head of the investigative body. Alternative options for elimination of the problem discussed above are proposed. It is concluded that in the course of normative regulation of judicial review procedures and law enforcement, it is necessary to take into account the specifics of cases of judicial review and the originality of manifestation of adversarial foundation in such cases.

BASIC ASPECTS OF THE FISCAL POLICY OF THE STATE IN THE SUBJECT OF THE RUSSIAN FEDERATION

2020 ◽  
Vol 1 (6) ◽  
pp. 4-7
Author(s):  
B. Kh. ALIYEV ◽  
Keyword(s):  
Fiscal Policy ◽  
Russian Federation ◽  
Economic Management ◽  
Financial Flows ◽  
Constituent Entity ◽  
Current State ◽  
Management Measures ◽  
The Subject ◽  
The Russian Federation ◽  
The Republic

The article examines the current state of the fiscal policy of the constituent entity of the Russian Federation, which is a combination of diverse economic management measures based on the distribution and redistribution of financial flows. The analysis of fiscal policy on the example of the subject of the Russian Federation (Republic of Dagestan). The article outlines the problematic issues of the tax policy of the Republic of Dagestan and suggests ways to overcome the identified problems.

World Health Organization

1951 ◽  
Vol 5 (2) ◽  
pp. 387-389
Keyword(s):  
Nursing Care ◽  
World Health ◽  
Executive Board ◽  
Regional Office ◽  
Governmental Organizations ◽  
Non Governmental Organizations ◽  
Rules Of Procedure ◽  
Sixth Session ◽  
The Subject ◽  
Health Organization

During the sixth session of the Executive Board in Geneva from June 1 to June 9, 1950, it was reported that some difficulties had been encountered in the establishment of a regional office for Europe. Six member states had not replied to the request sent them on the subject, seven had expressed reservations, six had sent in negative replies, and only eight had indicated their approval. It was also proposed that rules of procedure of the Assembly be changed to permit the participation in discussions of representatives of the Executive Board in either plenary or committee meetings. During the biennial revision of the list of non-governmental organizations with which WHO maintained official relations, a total of eighteen were retained. The Executive Board also agreed that, while WHO was not an organization for sending supplies to governments, it was nonetheless true that supplies were occasionally indispensable to enable a government to carry out a specific program. A total of $100,000 had been thus distributed to Afghanistan, Ethiopia, Finland, India, Hashemite Kingdom of the Jordan, Monaco, Portugal, Thailand and Yugoslavia for the control of malaria and leprosy, the improvement of nursing care and similar activities.

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