Organization of pre-trial proceedings in criminal cases in Russia and abroad as a factor in ensuring access to justice

2020 ◽  
pp. 167-179
Author(s):  
T. Yu. Vilkova
Keyword(s):  
Preliminary Investigation ◽  
Cognitive Activity ◽  
Government Agencies ◽  
Access To Justice ◽  
Online Service ◽  
Criminal Cases ◽  
Foreign Countries ◽  
The Russian Federation ◽  
The Moment ◽  
The Right

The article shows the main models of building pre-trial proceedings in the Russian Federation and foreign countries, analyzes the provision of access to justice in each of the models. A number of measures have been proposed to build pre-trial proceedings in criminal cases that effectively ensure access to justice, including abandoning the stage of initiating a criminal case and keeping a countdown of the preliminary investigation from the moment of registration of a crime report, conducting pre-trial cognitive activity (investigation) under the guidance of a prosecutor, and bringing charges by the prosecutor.based on the results of the investigation, granting participants who are not vested with authority the right to apply to the court to deposit evidence and to assist the court in protecting their interests in connection with the refusal of the preliminary investigation body to satisfy motions related to the process of proving, the introduction of effective simplified and accelerated procedures in pre-trial proceedings, the establishment of digital interaction between government agencies and the population through a single secure digital online platform; creation of a mechanism for filing reports of crime through a special online service integrated into the specified digital platform.

scholarly journals Coercion or Extortion? (On the Problems of Delimiting Articles 179 and 163 of the Criminal Code of the Russian Federation)

2021 ◽  
Vol 2 ◽  
pp. 32-38
Author(s):  
Viktor I. Gladkikh ◽  
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Preliminary Investigation ◽  
Criminal Code ◽  
Criminal Cases ◽  
The Supreme Court ◽  
The Russian Federation ◽  
The Right

The article discusses the issues of distinguishing two types of crimes: extortion (Article 163 of the Criminal Code of the Russian Federation) and coercion to complete a transaction or to refuse to complete it (Article 179 of the Criminal Code of the Russian Federation), the objective parties of which have a certain similarity, which gives rise to problems of qualification to take possession of the right to someone else’s property or commit other property actions. The practice of applying the norms in question is analyzed, the author points out the qualification errors in this kind of criminal cases, both at the stage of preliminary investigation and judicial examination. It is proposed to give an appropriate explanation of the Plenum of the Supreme Court of the Russian Federation.

scholarly journals Necessity to Reject Pre-Trial Inquiry as a Procedural Form of Investigation

2020 ◽  
Vol 15 (9) ◽  
pp. 80-92
Author(s):  
O. A. Malysheva
Keyword(s):  
Preliminary Investigation ◽  
Legal Regulation ◽  
Judicial Reform ◽  
Legal Analysis ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Independent Form ◽  
The Russian Federation ◽  
The Right

A comparative legal analysis of procedural forms of inquiry and preliminary investigation leads to a conclusion about their similarity, as well as the similarity of procedural statuses of an investigator and interrogator (a person conducting an initial inquiry). This shows that the State distributes forces and resources in the field of criminal justice irrationally. At the same time, the existence of two similar forms of investigation does not lead to an improvement in the legality and quality of criminal cases investigation. On the contrary, this contributes in some cases to their deterioration (reasonable timing of proceedings in criminal cases, compensation of damage caused by crimes to victims), as confirmed by the data provided in the paper. The consolidation of similar procedural forms of investigation in the Code of Criminal Procedure of the Russian Federation proves that the national historical experience of the organization of investigation of crimes under the 1864 Charter of Criminal Proceedings is ignored. This means an unreasonable refusal to reform criminal proceedings, the necessity and directions of which were identified by the 1991 Concept of Judicial Reform of the RSFSR . The consequences are manifested in the narrowing of procedural guarantees of the right to protection of persons whose criminal cases are investigated in the form of an inquiry; in the forced violation of the rule of law by interrogators during investigation of criminal cases when initiating a criminal case on a non-obvious crime; in delaying proceedings in criminal cases initiated and investigated initially by interrogators and then for a number of reasons referred to investigators for further investigation, etc. These problems cannot be solved by constantly improving the legal regulation of the procedural form of inquiry. The written above testifies futility of the procedural form of inquiry, justifies the necessity of its elimination from the Russian criminal proceedings as an independent form of investigation.

scholarly journals Modern Problems of Reforming Preliminary Investigation in the Russian Federation

2019 ◽  
Vol 13 (3) ◽  
pp. 477-488
Author(s):  
Yuri Skuratov
Keyword(s):  
Russian Federation ◽  
Large Scale ◽  
Structural Changes ◽  
Current System ◽  
Preliminary Investigation ◽  
Basic Structure ◽  
Criminal Case ◽  
Criminal Cases ◽  
The Russian Federation ◽  
The Right

The paper studies key areas of reforming the institute of preliminary investigation in the Russian Federation. The author does not support the position that reduces key problems of reforming criminal cases’ investigation to different organizational and structural changes, to the establishment or abolishment of some agencies. The reform should be based on diverse and, at the same time, systemic measures, including: the conceptual elaboration of the investigation reform; the systematization of the subject, the object and the very procedure of investigation; the rationalization of organizational and management structures of preliminary investigation; the optimization of the system of public and state control over investigation; the improvement of the relations between the investigation authorities and the public prosecutor’s office; the introduction of changes in the mechanism of cooperation between operational search and investigation authorities; the optimization of relations between investigation authorities and the court; the implementation of a complex of measures aimed at improving the professionalism of investigation officers, raising their general and legal cultural level, creating optimal conditions for their work; the reform of the investigation infrastructure. One of the key areas of reforming preliminary investigation is, according to the author, the restoration of the previously abolished supervision authority of the prosecutor’s office (the authority to initiate a criminal case; the right to issue obligatory directions for the investigator; the authority to terminate a criminal case on any grounds provided by law). Practice has shown that the current system of procedural control over the investigation of criminal cases is weak and does not prevent numerous mistakes and oversight of investigation officers. One scenario of a large-scale investigation reform, according to the author, includes the preservation of the Investigative Committee of the Russian Federation, making it the basic structure for the organization of an inter-agency investigation authority.

Philosophical and scientific foundations of a realistic approach to understanding and cognition of truth in various fields of cognitive activity, including in criminal proceedings

2021 ◽  
pp. 97
Author(s):  
Valerii V. Melnik
Keyword(s):  
International Law ◽  
System Analysis ◽  
Preliminary Investigation ◽  
Cognitive Activity ◽  
Theory And Practice ◽  
Criminal Proceedings ◽  
Realistic Approach ◽  
The Russian Federation ◽  
Democratic Rule ◽  
Epistemological Basis

Continuing to explore the philosophical, moral-psychological, socio-psychological, legal-psychological and rhetorical problems of criminal proceedings, the author, using the methodology of system analysis in order to formulate and substantiate the problem within the framework of this article, identifies the main directions of the philosophical and scientific foundations of a realistic approach to understanding and cognition of the truth, including in criminal proceedings. The article analyzes the significance of the classical (correspondent) theory of truth as the initial epistemological basis of a realistic approach to understanding and cognition of truth in any sphere of cognitive activity, including in realistic epistemology, lawmaking, theory and practice of criminal proceedings. The author notes that the idea of truth as an integral part of the worldview of legislators, scientists and practicing lawyers is constructively used in the construction of a legally correct and fair preliminary investigation and trial in the Russian Federation, corresponding to the ideals of a democratic rule of law and standards of modern International Law, only when the court and participants in criminal proceedings on the part of the prosecution profess a non-relativistic, and a realistic approach to understanding and cognition of truth in the spirit of the correspondent (classical) theory of truth, the provisions of which in a dialectically “removed”, developed form are an integral part of realistic epistemology, including the dialectical-materialistic concept of cognition.

Reasons to escape from a place of detention by convicts with the right of movement without convoy

2021 ◽  
pp. 525-526
Author(s):  
Nikita V. Cheremin
Keyword(s):  
Russian Federation ◽  
Preventive Measures ◽  
Criminal Code ◽  
Correctional Institutions ◽  
Criminal Cases ◽  
Official Statistics ◽  
The Russian Federation ◽  
Large Material ◽  
The Right ◽  
Criminological Analysis

Dedicated to a topical topic for the penitentiary system of the Russian Federation (hereinafter referred to as the PS of the Russian Federation) – increasing the level of security, which is considered in the framework of a criminological analysis of the reasons for escaping from places of detention by a particularly considered category of convicts who are granted the right to travel without an convoy or escort. The commission of such a crime as es-cape not only disorganizes the activities of institutions executing punishment in the form of imprisonment, but also endangers public safety. The actions of the penitentiary system to organize a special operation to search for and arrest escaped criminals requires large material and physical costs. All this speaks of the relevance of the study, which can help in organizing preventive measures to prevent escapes. The purpose of the study was achieved by analyzing the criminal and penal legislation of the Russian Federation, analyzing official statistics, questioning and interviewing the heads of correctional institutions of the PS of the Russian Federation, as well as the special contingent; analysis of some decisions in criminal cases related to Article 313 of the Criminal Code of the Russian Federation for the period 2010–2020. As a result of the study, the characteristic reasons (objective and subjective) of the escapes of the investigated group of convicts were revealed, features are identified, which will allow in the future to organize preventive measures aimed at preventing and preventing escapes among convicts, who were allowed by the administration of the institution to have the right to leave the correctional institutions in order to economic service.

COMPARATIVE ANALYSIS OF LABOR ORGANIZATION AS A FACTOR OF CONVICTS` CORRECTION IN FOREIGN COUNTRIES

2021 ◽  
pp. 137-140
Author(s):  
Анна Владимировна Мусалева ◽  
Никита Алексеевич Кубасов
Keyword(s):  
Comparative Analysis ◽  
Russian Federation ◽  
Developed Countries ◽  
Forced Labor ◽  
Penal System ◽  
Labor Protection ◽  
Labor Discipline ◽  
Foreign Countries ◽  
The Russian Federation ◽  
The Right

В статье рассмотрен такой инструмент исправления осужденных, как общественно полезный труд, который в Российской Федерации на законодательном уровне признан одним из эффективных инструментов исправления наряду с другими основными средствами исправительного воздействия. В работе в том числе рассматриваются проблемы принудительного труда осужденных. Авторы раскрыли порядок и условия организации привлечения к трудовой деятельности лиц, содержащихся в пенитенциарных учреждениях зарубежных стран. В статье проводится сравнительный анализ особенностей содержания, условий привлечения к труду осужденных в зависимости от вида пенитенциарного учреждения различных государств, организации работы осужденных, а именно оплаты труда, продолжительности трудовой деятельности, норм охраны труда, реализации права на отдых и социального обеспечения. Авторы помимо этого обобщают опыт трудовой дисциплины осужденных в пенитенциарных системах ряда развитых в экономическом и социальном плане государств. Изучая опыт зарубежных стран по привлечению заключенных к труду, представляется возможным перенять некоторые важные особенности, которые могут быть частично внедрены в отечественную уголовно-исполнительную систему. The article considers such a tool for the correction of convicts as socially useful work, which in the Russian Federation at the legislative level is recognized as one of the effective tools of correction along with other basic means of correctional influence. The article also deals with the problems of forced labor of convicts. The authors revealed the procedure and conditions for organizing the employment of persons held in places of forced isolation from the society of penitentiary institutions of foreign countries. The paper provides a comparative analysis of the features of the content, conditions for the employment of prisoners, depending on the type of penitentiary institution in different states, the working methods of prisoners, namely, remuneration, duration of work, labor protection standards, the exercise of the right to rest and social security. The authors also summarize the experience of labor discipline of prisoners in the penitentiary systems of a number of economically and socially developed countries. Studying the experience of foreign countries in attracting prisoners to work, it is possible to adopt some important features that can be partially implemented in the domestic penal system.

Marketisation and competition in criminal legal aid: implications for access to justice

2020 ◽  
pp. 133-150
Author(s):  
Tom Smith ◽  
Ed Johnston
Keyword(s):  
Access To Justice ◽  
Legal Aid ◽  
Criminal Cases ◽  
Legal Representation ◽  
Police Station ◽  
Competitive Tendering ◽  
Financial Pressure ◽  
Liberal Reform ◽  
The Right

The right to legal representation is a fundamental right, and arrangements for funding this are crucial to ensuring access to justice for those accused of criminal offences. Criminal legal aid has long been regarded as an entitlement for most citizens, particularly the most economically vulnerable. However, criminal legal aid has been cast in a different light in recent years, viewed not through the lens of welfarism but subjected to neo-liberal values such as cost neutrality, marketisation and managerialism. This was particularly evident in the ‘Transforming Legal Aid’ consultation of 2013, which resurrected the idea of competitive tendering for provision of criminal legal aid services. Although not pursued in full, subsequent changes – including cuts of 8.75% to fees for legal aid lawyers – appear to have significantly affected the scope of criminal legal aid. The number of providers of such services has consistently declined over the past decade and firms have frequently reported significant financial pressure. Arguably, these reforms – justified in neo-liberal terms – have affected access to justice and by extension the quality of justice offered by the Criminal Justice System, CJS. This chapter will examine the market-driven reform of criminal legal aid in recent years, and consider two apparent examples of impact: evidence of an increasing number of litigants-in-person in criminal cases; and the outsourcing of police station work to independent ‘agents’. The chapter will also question some of the apparent contradictions in neo-liberal reform of criminal legal aid, such as the deliberate policy of reducing the size of the provider market; and the ‘false economies’ created by the pursuit of efficiency and economy: goals which are underpinned and enforced by the Criminal Procedure Rules.

Prosecutor in the Court of Cassation in Criminal Cases

2016 ◽  
Vol 4 (2) ◽  
pp. 0-0
Author(s):  
Лев Бертовский ◽  
Lyev Byertovskiy ◽  
Дина Гехова ◽  
Dina Gekhova
Keyword(s):  
Russian Federation ◽  
Public Prosecutor ◽  
Federal Law ◽  
Criminal Cases ◽  
Judicial Practice ◽  
Procedure Code ◽  
Moscow City ◽  
The Russian Federation ◽  
The Right

Federal Law No. 433-FZ «On Amendments to the Criminal Procedure Code of the Russian Federation and the Annulment of Certain Legislative Acts (Provisions of Legislative Acts) of the Russian Federation» entered into force since January 1, 2013 in relation to the powers of prosecutors to lodge cassation representations against court’s decisions is under review in the article. The authors analyse judicial practice of cassation instance in Moscow City Court of 2014 year on criminal cases and demonstrate some omissions of prosecutors in consideration of cases in the court of cassation. The conclusion shows that a cassation representation should be prepared and submitted by subordinate to higher prosecutor, provided that public prosecutor shall obtain the right to apply directly to that prosecutor who has the right to lodge a cassation representation along with the project thereof. Such novel will positively influence to the quality of cassation representations prepared and made by prosecutors.

scholarly journals Indication of Nationality in the Passport of a Citizen of the Russian Federation as a Form of Implementation of the Right to Nationality

2020 ◽  
Vol 15 (1) ◽  
pp. 46-53
Author(s):  
N. A. Zaynitdinov
Keyword(s):  
Russian Federation ◽  
Native Speakers ◽  
Constitutional Court ◽  
Foreign Countries ◽  
Russian State ◽  
Different Types ◽  
The Russian Federation ◽  
State Of Affairs ◽  
The Right

Constitutionalists in Russia have disagreed on the possibility of specifying nationality of a citizen in the passport. It is believed that at present the indication of nationality in the passport is not made, but it turns out that this is not the case. Implicit declaration of nationality with the help of a special insert is possible for citizens living in the republics and for native speakers of non-Russian state languages of republics. This state of affairs creates inequality for residents of different types of constituent entities of the Russian Federation and for citizens of different nationalities. Nationality of Russians as a national majority is not expressed in the Russian Federation through the statehood itself and through the institution of citizenship as it is done in foreign countries where nationality is not indicated in the passport. The author substantiates an erroneous stance of the Constitutional Court of the Russian Federation on inadmissibility of specifying nationality of a citizen in his or her passport. It is concluded that it is desirable to restore indication of nationality in the passport for all citizens with the aim of the fullest implementation of the right to nationality in the context of the Russian Federation.

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.

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