scholarly journals Appealing against Decisions on Reimbursement of Procedural Costs Made in accordance with Part 3 of Art. 131 of the Criminal Procedure Code of the Russian Federation

2021 ◽  
Vol 16 (11) ◽  
pp. 155-166
Author(s):  
S. R. Zelenin
Keyword(s):  
Russian Federation ◽  
Criminal Procedure ◽  
The Body ◽  
Constitutional Court ◽  
Judicial Practice ◽  
Procedural Costs ◽  
The Russian Federation ◽  
The One ◽  
Judicial Procedure ◽  
The Right

The legality and validity of the decisions of the investigator, inquirer and the prosecutor on the payment  of the amounts related to procedural costs remain problematic due to the absence in the law of a mechanism  ensuring the judicial procedure for their appeal.  In order to fill this gap, the author studies the possibilities of introducing a procedure similar to the one enshrined  in Art. 125 of the Code of Criminal Procedure of the Russian Federation. The paper analyzes the positions of the  Resolution of the Constitutional Court of the Russian Federation No. 18-P dated May 13, 2021. It concerns the  victims’ appeal against the decisions of the investigator and the head of the investigative body regarding the  reimbursement of expenses for a representative. Some examples of judicial practice for resolving other disputes  related to the reimbursement of procedural costs are also analyzed.  It is concluded that the right of a person claiming to receive the amounts provided for in Part 2 of Art. 131 of the  Code of Criminal Procedure of the Russian Federation against a judicial appeal made at his request is universal  and does not depend either on his status in a criminal case, or on the type of the indicated amounts, or on the  body or official that made the contested decision.  Taking into account the practice of applying other norms on appealing against decisions of the investigating  bodies, it was proposed to introduce Art. 125.2. The author formulate its content given the characteristics of the  participants in the proceedings and the powers of the court to resolve the complaint.

scholarly journals SOME ASPECTS OF THE PROSECUTOR'S PARTICIPATION IN REHABILITATION (IN ACCORDANCE WITH CHAPTER 18 OF THE CODE OF CRIMINAL PROCEDURE OF THE RUSSIAN FEDERATION)

2020 ◽  
Vol 30 (5) ◽  
pp. 747-752
Author(s):  
A.I. Shmarev
Keyword(s):  
Civil Rights ◽  
Russian Federation ◽  
Criminal Procedure ◽  
Criminal Prosecution ◽  
Constitutional Court ◽  
Criminal Proceedings ◽  
Judicial Practice ◽  
The Supreme Court ◽  
The Russian Federation ◽  
The Right

The author of the article, based on the analysis of statistical indicators of the Prosecutor's office for 2018-2019 and examples of judicial practice, including the constitutional Court of the Russian Federation, examines the problematic issues of implementing the right to rehabilitation of persons unlawfully and unreasonably subjected to criminal prosecution, and the participation of the Prosecutor in this process. According to the author, the ambiguous judicial practice of considering issues related to the rehabilitation of this category of citizens requires additional generalization and analysis in order to make appropriate changes to the Resolution of the Plenum of the Supreme Court of the Russian Federation No. 11 of 29.11.2011 "On the practice of applying the norms of Chapter 18 of the Criminal procedure code of the Russian Federation regulating rehabilitation in criminal proceedings". The examples given in the article of cancellation of lower-level court decisions were based on complaints of persons who independently sought to restore their rights, and not on the representations of the prosecutors involved in them, who were called upon to ensure the possibility of protecting human and civil rights and freedoms at the court session. The adoption of organizational measures, including those proposed by the author, in the system of the Prosecutor's office of the Russian Federation will increase the role of the Prosecutor in protecting the rights of illegally and unreasonably prosecuted persons.

scholarly journals TO THE QUESTION ABOUT THE CONCEPT «PROCEDURAL COSTS IN CRIMINAL PROCEEDINGS»

Issues of Law ◽  
2020 ◽  
Vol 20 (4) ◽  
pp. 89-93
Author(s):  
S.M. Darovskikh ◽  
◽  
Z.V Makarova ◽  
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Procedure ◽  
Constitutional Court ◽  
Criminal Proceedings ◽  
Procedure Code ◽  
Procedural Costs ◽  
The Russian Federation ◽  
Definition Of ◽  
Article 5

The article is devoted to the issues of formulating the definition of such a criminal procedural concept as «procedural costs». Emphasizing the importance both for science and for law enforcement of clarity and clarity when formulating the definition of criminal procedural concepts, the authors point out that the formulation of this concept present in the current Criminal Procedure Code of the Russian Federation is far from being improved. Having studied the opinions on this issue of the Constitutional Court of the Russian Federation, a number of procedural scholars, the authors propose their own version of the definition of the concept of «criminal procedural costs» with its allocation in a separate paragraph of Article 5 of the Criminal Procedure Code of the Russian Federation.

Dual Citizenship in Russia

2019 ◽  
Vol 76 (1-2) ◽  
pp. 57-68
Author(s):  
Alexander Salenko
Keyword(s):  
Russian Federation ◽  
State Policy ◽  
Constitutional Court ◽  
International Treaties ◽  
Dual Citizenship ◽  
Judicial Practice ◽  
Russian State ◽  
Domestic Legislation ◽  
The Russian Federation ◽  
The Right

In the USSR, the dual citizenship was expressly prohibited by the Soviet law. After Perestroika, a new stage of Russian statehood began: on 12 December 1993, the Constitution of the modern Russian Federation was adopted, which granted Russian citizens the right to have dual citizenship. Over the past twenty-five years, a new legislation has been adopted on the Russian citizenship, migration, and the state policy regarding compatriots living abroad. During these years, millions of Russian citizens have obtained second (multiple) citizenship, and with it came to questions, disputes and problems that required mediation of the Russian judiciary. In this regard, the main purpose of this article is to analyze the existing domestic legislation and international treaties of Russia on dual citizenship, to determine the dual citizenship regime in Russia - to examine the existing restrictions on the rights and freedom of persons with dual citizenship, and also to study the disputes on dual citizenship in the Russian Federation, in particular to scrutinize the judicial practice (leading cases) of the Constitutional Court of the Russian Federation. Based on an analysis performed in the article, the author draws conclusions regarding the further development of dual citizenship within the framework of the Union State of Belarus and Russia, and also investigates prospects of the Eurasian citizenship in the framework of the Eurasian Union. In addition, the author makes a proposal to Russian authorities to make information on registered Russian citizens with dual (multiple) citizenship more accessible and transparent, and also to adopt at the federal level a document on the Russian state policy regarding dual citizenship.

Judicial Practice Impact on Law Making

2016 ◽  
Vol 4 (4) ◽  
pp. 0-0 ◽  
Author(s):  
Tatyana Shubert
Keyword(s):  
Russian Federation ◽  
System Analysis ◽  
The State ◽  
Constitutional Court ◽  
Judicial Practice ◽  
The Russian Federation ◽  
Legislative Initiative ◽  
Business Entities ◽  
The Right ◽  
Law Making

The article discusses the role of judicial practice in legislative drafting activities, judicial precedent as a source of law, analyzes the problem of revealing legal gaps and contradictions in the current legislation. The author stresses the need for clarification of the term the “right to legislative initiative of the Constitutional Court and the Supreme Court of the Russian Federation on issues within their jurisdiction”, and proposes a mechanism for accounting court practice during consideration of draft laws. The author submits the proposal on the adoption of the Federal Law “On Regulatory Legal Acts in the Russian Federation”, which, in the author’s opinion, will permit to overcome legal conflicts between the law and other regulatory legal acts and will create a solid legal framework for law-making and lawenforcement processes, will contribute to the prevention of infringement of legality in the activities of state bodies, business entities and other organizations, and strengthening the guarantees for realization of citizens’ rights and legitimate interests. Besides, the author proposes to amend the State Duma Regulation by adding the provision that when introducing the draft law to the State Duma, the subject with the right of legislative initiative must submit the materials containing system analysis and judicial practice trends regarding the regulation of the draft law in question.

Procedural Costs Associated with the Payment of Labor of the Representative of the Victim Participant in the Proceedings in Accordance with Part 21 of Article 45 of the Code of Criminal Procedure of the Russian Federation

2020 ◽  
Vol 9 ◽  
pp. 84-90
Author(s):  
S. R. Zelenin ◽  
Keyword(s):  
Rule Of Law ◽  
Russian Federation ◽  
Criminal Procedure ◽  
Court Decisions ◽  
Systematic Analysis ◽  
The Rule Of Law ◽  
Judicial Practice ◽  
Procedural Costs ◽  
The Russian Federation ◽  
A Minor

The participation in a criminal case of a lawyer appointed by a representative of a minor victim is regulated by the new part 21 of article 45 of the code of criminal procedure. The procedure for compensation and recovery from the convicted person of the procedural costs associated with the payment of such a representative»s labor remains problematic due to the lack of comprehensive research on this topic. Examples of court decisions are given that testify to the inconsistency of judicial practice on these issues. A comparative study and systematic analysis of the law allows the author to conclude that there are no obstacles to recovering these costs from the convicted person, as well as suggest changes to the wording of the rule of law.

scholarly journals Judicial legal positions in the context of conflicts related to the formation of the procedural status of persons against whom acts of criminal prosecution are actually implemented

2019 ◽  
pp. 114-119
Author(s):  
Sergey Grachev
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Criminal Procedure ◽  
Criminal Prosecution ◽  
Constitutional Court ◽  
Procedure Code ◽  
The Supreme Court ◽  
The Status ◽  
The Russian Federation ◽  
The Right

The article considers the grounds for the emergence of the procedural status of a suspect in a criminal case. The rights and obligations of the specified person, including the right to protection are analyzed. Subject to the requirements of the criminal procedure code of the Russian Federation, legal positions of the Constitutional Court of the Russian Federation and Plenum of the Supreme Court of the Russian Federation the conclusion about the necessity of legislative consolidation of the procedural status of the person whose rights and lawful interests are affected carried out in relation to proceedings for verification of a crime report in accordance with article 144 of the Criminal procedure code and equating it to the status of a suspect, since during the pre-investigation check he has the right to protection from the criminal prosecution actually carried out against him.

scholarly journals On the reasons for redress by the court grievances against the actions of the investigator (in accordance with Article 125 of the Code of Criminal Procedure of the Russian Federation)

2021 ◽  
Vol 1 (11) ◽  
pp. 83-86
Author(s):  
T.V. CHEREMISINA ◽  
Keyword(s):  
Decision Making ◽  
Russian Federation ◽  
Criminal Procedure ◽  
Court Decision ◽  
Judicial Practice ◽  
The Russian Federation ◽  
The Right

The article is devoted to the problems of court decision-making on grievances regarding the unjustified application of Art. 24 of the Code of Criminal Procedure of the Russian Federation. It examines the problems of the participation of an investigator in court hearings, provides actual examples of judicial practice in redressing citizens’ grievances. The author concludes that when the applicant exercises the right to go to court in accordance with Art. 125 of the Code of Criminal Procedure of the Russian Federation, it is necessary to take into account the limits of judicial consideration of the grievance and the prospects for the assessment by the court of the decision taken by the official

scholarly journals SOME PROBLEMS OF ENSURING THE PROTECTION OF ATTORNEY-CLIENT PRIVILEGE IN THE CRIMINAL PROCESS OF RUSSIA AND BELARUS

2018 ◽  
pp. 41-43
Author(s):  
E.V. Ezhova
Keyword(s):  
Russian Federation ◽  
The Other ◽  
Constitutional Court ◽  
Criminal Proceedings ◽  
Legal Regime ◽  
Criminal Procedure Law ◽  
The Russian Federation ◽  
The Republic ◽  
The One ◽  
The Right

The article deals with the basic guarantees of protection of attorney-client confidentiality in criminal proceedings. A comparative analysis of the legislative norms of the Russian Federation and the Republic of Belarus regulating the legal regime of attorney-client confidentiality is carried out. The article presents the legal positions of the constitutional Court of the Russian Federation on the issue under consideration, which contributed to the amendments to the criminal procedure law of Russia aimed at providing additional guarantees for the protection of attorney-client confidentiality. The author concludes that the practice of application of the rules containing guarantees of protection of attorney-client confidentiality testifies, on the one hand, to the need to strengthen the protection of citizens' rights to ensure the confidentiality of information provided to the lawyer, and, on the other hand, to the importance of preventing abuse of the right to protection by lawyers and their clients

scholarly journals Obtaining Samples for a Comparative Study: Theoretical, Normative and Law Enforcement Problems

2021 ◽  
pp. 17-29
Author(s):  
Elena Zaitseva
Keyword(s):  
Law Enforcement ◽  
Comparative Study ◽  
Russian Federation ◽  
Criminal Procedure ◽  
Constitutional Court ◽  
Procedure Code ◽  
Legal Nature ◽  
The Russian Federation ◽  
Definition Of ◽  
The Right

The article analyzes the debatable aspects of the normative regulation of obtaining samples for a comparative study according to the current Criminal Procedure Code of the Russian Federation. Attention is paid to the key problems in the regulation of this action, and to the difficulties that law enforcement employees face due to them. The author examines the questions of defining the legal nature of obtaining samples for a comparative study, and the possibility of using the operative search potential instead of the procedural method to obtain comparative samples. While analyzing the problems of setting the limits of compulsion for this action, the author stresses the incorrectness of some wording in the law (Art. 202 of the Criminal Procedure Code of the Russian Federation). In the light of ensuring the right of criminally prosecuted persons to defense, the author also presents a critical assessment of the legal positions of the Constitutional Court of the Russian Federation reflected in the Definition of July 23, 2020 № 1856-0, in the part where obtaining samples for a comparative study is recognized as an action of urgent nature.

scholarly journals Waiver of rights in Russian criminal procedure: Issues of theory, legislative regulation, and law enforcement

2020 ◽  
Vol 11 (3) ◽  
pp. 651-665
Author(s):  
Irina N. Chebotareva ◽  
Keyword(s):  
Russian Federation ◽  
Criminal Procedure ◽  
Legal Regulation ◽  
Constitutional Court ◽  
Criminal Proceedings ◽  
Freedom Of Choice ◽  
European Court ◽  
The Russian Federation ◽  
The Difference ◽  
The Right

The article discusses the waiver of procedural rights as a particular legal phenomenon. The rationale for studying the waiver of rights in the Russian criminal procedure doctrine arises from the expansion of the spheres of disposition and adversarial nature in present-day Russian criminal procedure. In order to form an overall picture of the ‘waiver of rights’, the article describes its distinctive features and elements that characterize it. Additionally, the theoretical aspects of the waiver of rights in present-day Russian criminal procedures, as well as the legal regulation of a waiver, are analyzed. A waiver of subjective rights is understood as an expression of a legal person’s will in terms of failure to behave as provided for by objective law, which is characterized by voluntariness, awareness, and freedom of choice. It is asserted that any non-realization of rights by a subject is not considered a waiver. The difference is demonstrated in the understanding of the concept ‘waiver of rights’ in the approaches of the European Court of Human Rights, the Constitutional Court of the Russian Federation, as well as in the interpretation of the rules of criminal procedural legislation, which regulates a person’s ability to waive the rights granted to them by the Supreme Court of the Russian Federation. The article states that the disposition principle of legal regulation, applied by the legislator to participants in criminal proceedings defending their personal interests, presupposes the legislatively established possibility of a person to refuse to exercise the right unless it violates the more important public interest. Attention is given in the article to the necessity of guarantees that ensure voluntariness, awareness, and freedom of choice in case of a person’s waiver of their rights.

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