scholarly journals What does the Judiciary Depend on?

2019 ◽  
Vol 6 (1) ◽  
pp. 98-104
Author(s):  
Anna Vyacheslavovna Guskova
Keyword(s):  
Artificial Intelligence ◽  
Law Enforcement ◽  
Final Conclusion ◽  
Scientific Article ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
High Quality ◽  
Territorial Jurisdiction ◽  
Full Picture ◽  
Selection Of

Absolute procedural independence doesn’t exist. It relates to all system of law enforcement. By analyzing specific legal facts in this article will be reasonably prove from what the judicial authority depends on and in contrast to all proposition which were put forward will open the secret of its complete independence.The author earnestly proves that the procedural guarantees of judges independence are issues of territorial jurisdiction, features of institute criminal cases, such guarantee as irremovability, the issues of material security and even the secret of retiring room. This list is not exhaustive, but it gives a full picture of judicial independence.The final conclusion of this scientific article is that all available legislative guarantees which are aimed on ensuring the principle of independence of judges bears the potential to circumvent or interpret them in a convenient way. The most reliable foundation of independence is the high-quality selection of candidates for the position of judges. If a citizen by own moral, psychological and professional qualities can objectively, fairly, impartially and at the same time«graciously» approach to the resolution of the case - this will be the best foundation for his independent activity. In addition, the latest legislative trends associated with the introduction of information technology in the criminal procedure orbitare rated in the article. The author recognizes the importance of these processes and even formulates the hypothesis that the next type of criminal proceedings will be called technocentric. However, the author asserts the position that justice should be administered only by judges and the fate of people can’t be controlled by devices with artificial intelligence.

scholarly journals ON THE USE OF DIGITAL LOGISTICS IN CRIMINAL PROCEEDINGS AND CRIMINALISTICS

2020 ◽  
Vol 6 (3) ◽  
pp. 128-132
Author(s):  
E. V. Christinina
Keyword(s):  
Scientific Article ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Digital Forensic ◽  
Close Relationship ◽  
Video Library ◽  
Relationship Of ◽  
Digital Video Library ◽  
Selection Of ◽  
Made In

The scientific article explores the concept and content of digital forensic logistics. The author substantiates the close relationship of digital forensic logistics with the process of organizing criminal investigations, building forensic versions, planning investigative actions and operational search activities. The author presents several areas of forensic logistics: logistics of evidence in criminal cases; logistics of the overall organization of the investigation of crimes; logistics of planning (selection of means and methods of investigation); logistics of putting forward versions; logistics of decisions made in criminal cases. The article makes a logical conclusion that the entire process of criminal investigation is carried out using a single digital logistics platform that includes algorithmization of actions and decisions in a criminal case. The author has established that the digital platform is based on various information flows, which are: digital forensic records; digital traces; electronic requests and instructions; digital video library, audio recording and photography; electronic assistant to the investigator; digital expertise; electronic forensic recommendations for the investigation of criminal cases. In conclusion, it is concluded that it is necessary to use digital logistics in criminal proceedings and criminalistics to improve the efficiency of investigative bodies in the investigation of criminal crimes.

scholarly journals Features of production of separate investigative actions with participation of categories of persons concerning which the special procedure of production on criminal cases is applied

2020 ◽  
pp. 211-216
Author(s):  
Roman Pozdyshev
Keyword(s):  
Law Enforcement ◽  
Social Relations ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Legal Norms ◽  
Special Procedure

The article analyzes the problems associated with the production of investigative actions against special subjects of criminal proceedings. Legal norms, as well as law enforcement acts regulating the studied social relations are considered.

scholarly journals CRIMINAL CHARACTERISTICS AS AN ELEMENT OF THE METHODOLOGY OF INVESTIGATION OF CRIMINAL OFFENSES AGAINST PUBLIC ORDER

2020 ◽  
pp. 5-11
Author(s):  
О. А. Антонюк
Keyword(s):  
Public Order ◽  
Scientific Article ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Criminal Offense ◽  
Criminal Offenses ◽  
Illegal Acts

The relevance of the article is that the forensic characteristics should be based on the study of materials of criminal cases and proceedings, as well as have a direct practical direction. That is, to solve specific tasks of the investigation: to provide opportunities for the development of versions, to build correlations between individual elements, to ensure better planning of the investigation, and so on. Otherwise, it will really be a "phantom", ie an ineffective tool of investigation. At the same time, scientists continue to investigate illegal acts in terms of constructing their forensic characteristics. The scientific article is devoted to the study of some aspects of the investigation of criminal offenses against public order. The peculiarities of forensic characteristics as an element of the methodology of investigation of a certain category of criminal offenses are considered. The author emphasizes that the forensic characteristics should be based on the study of materials of criminal cases and proceedings, as well as has a direct practical direction. That is, to solve specific tasks of the investigation: to provide opportunities for proposing versions, building correlations between individual elements, ensuring better planning of the investigation, and so on. Otherwise, it will really be a "phantom", ie an ineffective tool of investigation. At the same time, scientists continue to investigate illegal acts in terms of constructing their forensic characteristics. In our opinion, this is really important for the methodology of investigation of any criminal offense, so we will try to solve the problem of its construction in the studied category of actions: against public order. The notion of forensic characteristics is formulated as a set of data on forensically important features and properties of an illegal act, which is due to the natural connections between its individual elements and provides construction and verification of versions to solve specific problems of criminal proceedings.

scholarly journals Counteraction to Miscarriage of Justice in Ukraine

2019 ◽  
Vol 2 (3) ◽  
pp. 96-105
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Criminal Procedure ◽  
Point Of View ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Criminal Proceeding ◽  
Specific Regulation ◽  
Miscarriage Of Justice

Investigation of crimes against justice in Ukraine is among topical problems of miscarriage of justice. Hundreds of criminal cases are recorded as a crime in the Official Register in Ukraine but only a few have been brought to the court. In this article we try to approach this problem in three ways: from the point of view of criminal law, criminal procedure and criminalistic measures of counteraction to miscarriage of justice. Such an approach helps to demonstrate problems of investigator, prosecutor and judge at different stages of criminal proceeding. Special attention is paid to specific regulation of the issues of criminal proceedings against a certain category of persons, including judges. Mistakes of representatives of law enforcement bodies become visible as a result of analyzing of real criminal cases. Such an analysis is aimed to disclose the problem of counteraction to miscarriage of justice in Ukraine.

scholarly journals Criminal Procedural Code of the Russian Federation: evaluation of effectiveness and measures for its improvement

2021 ◽  
pp. 868-877
Author(s):  
Boris Gavrilov
Keyword(s):  
Law Enforcement ◽  
Civil Rights ◽  
Russian Federation ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Dialectical Logic ◽  
Legal Norms ◽  
Procedural Code ◽  
The Russian Federation ◽  
Historical Comparative

Introduction: the article analyzes provisions of the Criminal Procedural Code of the Russian Federation and its impact on the implementation of key legal institutions designed to ensure respect for the rights and legitimate interests of criminal proceedings participants by law enforcement and judicial authorities. Purpose: having studied effectiveness of the amendments made in the CPC and conducted statistical analysis of the results of criminal cases investigation, the author presents shortcomings in the legislation identified by the scientific community and law enforcement practice and proposes measures to improve both certain legal norms of the CPC RF and its procedural institutions in order to ensure constitutional provisions on the state protection of human and civil rights and freedoms. Methods: the researcher used historical, comparative legal and empirical methods for describing quality and legality issues in the investigation of criminal cases; theoretical methods of formal and dialectical logic. Private scientific and legal technical methods, as well as the method for interpreting specific legal norms were applied. Results: the analysis of development of Russian and foreign criminal procedural legislation and law enforcement practice objectively indicates that the absolute majority of the amendments made to the Code contributed to enhancing performance of pre-trial investigation or initial inquiry bodies in implementing the provisions of Article 6 of the CPC. It stipulates protection of the rights and lawful interests of the persons and organizations, who (which) have suffered from the crimes, as well as their protection from unlawful accusations and conviction, and other restrictions of their rights and freedoms. Betterment of the criminal procedural legislation is also aimed at overcoming formalization of its individual provisions and bureaucratization of actions of the inquirer, investigator, prosecutor’s office and judicial community in the investigation and trial of criminal cases. Conclusions: to adapt the modern Russian criminal process to modern realities (new types of crimes and methods of their commission, increased requirements for ensuring legality in activities of pre-trial investigation bodies, their compliance with procedural deadlines in criminal cases and improving investigation quality) it is necessary to make changes in pre-trial proceedings, in particular, to reorganize procedural rules for commencement of criminal proceedings; bringing investigation terms into line with the provisions of Article 61 of the CPC on a reasonable period of criminal proceedings; differentiating investigation forms, etc. All this is focused on improving effectiveness of the fight against crime and its most dangerous types.

scholarly journals Legal Personality of an Interpreter in Criminal Proceedings in the Age of Digitalization

Lex Russica ◽  
2021 ◽  
pp. 77-87
Author(s):  
E. K. Antonovich
Keyword(s):  
Artificial Intelligence ◽  
Law Enforcement ◽  
Information Technologies ◽  
Digital Technologies ◽  
Electronic Format ◽  
Positive Experience ◽  
Criminal Proceedings ◽  
Legal Personality ◽  
Foreign Countries ◽  
The Russian Federation

The importance of digitalization in all industries is increasing, especially since the possibilities of information technologies are obvious. Criminal proceedings are no exception. In criminal proceedings, information technologies are generally used in the production of an investigative action or with the transition of the entire criminal proceedings to an electronic format. Digitalization in criminal proceedings can be caused by the search for the optimal way to increase the efficiency of criminal proceedings and create reliable guarantees for the protection of the rights and freedoms of persons involved in the criminal proceedings, the use of information technologies on a single digital platform in the paradigm of decisions and evidence. Therefore, digitalization can play a certain role in making decisions about the participation of a person in criminal proceedings.The concept of "artificial intelligence (AI)" appeared in the middle of the last century, but it is only now that AI itself and its capabilities became of interest to society. Modern electronic dictionaries and built-in translators have become popular. It seems important to take into account the very nature of digital technologies.The paper is devoted to clarifying the question of whether multi-vector and multi-valued information technologies can replace any participants in criminal proceedings or become one of the conditions for creating a basis for such a participant as a translator to enter the sphere of criminal proceedings. We will analyze not only the legislation and law enforcement practice of the Russian Federation, but also the positive experience of legislation and law enforcement practice of some foreign countries.

scholarly journals Problems of Protecting the Rights of a Private Prosecutor in Defamation Cases

2019 ◽  
Vol 13 (4) ◽  
pp. 651-660
Author(s):  
Natalya Artebyakina ◽  
Tatyana Makarova
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Local Governance ◽  
Criminal Code ◽  
Legal Analysis ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
False Information ◽  
Justices Of The Peace ◽  
The Russian Federation

The growing complexity of public relations creates a need for the criminalization of some acts and de-criminalization of others. Defamation is one of the offenses affected by this trend. Some time after its de-criminalization, the crime of defamation was brought back to the Criminal Code of the Russian Federation. However, there is no actual legal mechanism in Russia that victims of defamation could use to fully protect their rights. The authors point out a trend for acquittals in criminal proceedings initiated after the complaints of private prosecutors when they concern deliberately false information that besmirches the honor and dignity of other people and harms their reputation, when these complaints are filed with the governmental, including the law enforcement, authorities. They present their research of court statistical data regarding cases heard by Justices of the Peace under Part 1, Art. 128.1 of the Criminal Code of the Russian Federation between 2014 and the first half of 2018. The authors have analyzed the practices of Justices of the Peace in Ulyanovsk Region on criminal cases initiated under Part 1, Art. 128.1 of the Criminal Code of the Russian Federation. They use the examples of specific criminal cases to prove that judges use clauses of Art. 33 of the Constitution of the Russian Federation and Art. 6 of the Federal Law «On the Procedure of Handling Applications of Citizens of the Russian Federation» when deciding cases based on Part 1, Art. 128.1 of the Criminal Code of the Russian Federation and protect the right of citizens to appeal to the governmental (including law enforcement) authorities; they point out that an appeal to governmental or local governance cannot be viewed as spreading deliberately false information. In this case, private prosecutors have no opportunity to protect their rights even if it is proven that the information is deliberately false, and they also have to bear additional expenses connected with the recovery of procedural costs. Besides, the research includes a comparative legal analysis of legislation on defamation in a number of foreign countries (the USA, China, the UAE and others) as well as the historical-legal analysis of the development of Russian legislation on liability for defamation.

USE OF SPECIAL KNOWLEDGE DURING THE PRE-TRIAL INVESTIGATION OF CRIMES THAT ENCROACH ON THE NATIONAL SECURITY OF UKRAINE

2020 ◽  
Vol 10 (4) ◽  
pp. 109-114
Author(s):  
Oleh Batiuk ◽  
Keyword(s):  
Law Enforcement ◽  
National Security ◽  
Criminal Group ◽  
Legal Regulation ◽  
Scientific Article ◽  
Criminal Proceedings ◽  
Law Enforcement Agencies ◽  
Special Knowledge ◽  
Psychological Knowledge ◽  
Empirical Material

The author aimed to reveal the content and forms of use of special psychological knowledge during the proceeding of interrogation in the pre-trial investigation of crimes that encroach on the nationalsecurity of Ukraine in the provisions of the scientific article. Namely, for fulfilling the intended goal, the author determines in the provisions of the scientific article that the use of special psychological knowledge at the stage of pre-trial investigation, of course, can be the great benefit for establishing the truth in the case and the lack of their wide and effective application in criminal proceedings is caused, first of all, by imperfection of the theory of use of special psychological knowledge and of legal regulation of the activity of experts and other persons with special psychological knowledge. This is resulted from primarily to vague and ambiguous theoretical definitions of the concept of special psychological knowledge, subjects, methods of use and forms of their realization. Based on the analysis of theoretical and empirical material, scientifically substantiated conceptual and categorical apparatus concerning the concept of special psychological knowledge, which are used in pre-trial investigation, is defined; the conclusions and proposals that are aimed at improving the procedural and applied aspects of practical application by law enforcement agencies are formulated by the author in the scientific article. According to the author, this will not only deepen scientific knowledge, but also will give the opportunity to use the obtained data in investigative practice, help law enforcement agencies quickly and efficiently to disclose, investigate and conduct measures to prevent of the committing crimes against national security of Ukraine. The results of the research can also be applied during the criminal proceedings, in the process of proving and evaluating evidence, during the qualifying the committed crime and establishing of circumstances mitigating of punishment. The author explored the features of the use of special psychological knowledge during the investigation of the crimes that encroach on the national security of Ukraine, which are committed by the organized criminal group.

scholarly journals Proving Corruption in the Investigative and Judicial Practice of Ukraine: Problems and Solutions

2021 ◽  
Vol 80 (1) ◽  
pp. 101-108
Author(s):  
Р. Л. Степанюк ◽  
В. В. Кікінчук ◽  
М. Г. Щербаковський
Keyword(s):  
Law Enforcement ◽  
Public Relations ◽  
Scientific Literature ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Law Enforcement Agencies ◽  
Judicial Practice ◽  
European Court ◽  
Problems And Solutions ◽  
Factual Data

The work is based on the analysis of the scientific literature, criminal and criminal procedural legislation of Ukraine, which regulates public relations associated with the identification, detection, investigation and judicial review of cases of illegal benefit by officials, on the precedents of the European Court of Human Rights on this issue, as well as the study and summarizing the materials of 200 criminal cases on illegal benefits considered by the courts of Ukraine in 2015-2019. It has been established that proof of corruption offences in criminal proceedings is the activity of the subjects of criminal proceedings, which consists of collecting, assessing and verifying factual data in order to establish circumstances relevant to the investigation. At the same time, procedural and tactical mistakes, as well as abuses on the part of prosecution agents, which lead to deficiencies in the process of proving the guilt of officials who commit corruption offences, are very common in the practice of the Ukrainian law enforcement agencies in this area.

scholarly journals FORENSIC THINKING OF AN INVESTIGATOR AS AN INTELLECTUAL FACTOR OF EFFICIENCY WHEN CARRYING OUT AN INSPECTION OF THE PLACE OF EVENT

2021 ◽  
Vol 6(72) (3) ◽  
pp. 234-239
Author(s):  
D. A. Safonov
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Technical Progress ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Financial Cost ◽  
Subjective Approach ◽  
The Russian Federation ◽  
Inspection Of The Scene

The fight against crime in modern conditions of technical progress, requires from law-enforcement bodies of the Russian Federation not only considerable financial cost, physical and moral strength of the officials, carrying out disclosure and investigation of crimes, but also the tremendous intellectual scope of work to ensure the planning and organization of investigation of criminal cases. As shows the analysis of the investigative practice, in most cases, non-obvious crimes are difficult to investigate, the investigator here is experiencing not only a lack of guidance and evidential information about facts and results of an event, but also prone to superficial conclusions and stereotyped (typical) thinking. All this affects the quality and efficiency of the solution of tasks of criminal proceedings. The article attempts to consider the theoretical and methodological foundations of the intellectual support of the investigation of crimes. The author, based on existing scientific works and research by scientists in this field, offers a subjective approach to the concept, meaning and system of forensic thinking in the investigation of criminal cases. Particular attention is paid to the complex of elements that make up the forensic thinking system. The values and functions of the elements of the forensic thinking system are revealed, the particular tasks of each element are considered based on the informational conditions of the investigation. The article also highlights, according to the author, the key elements of the application of forensic thinking during the production of the inspection of the scene.

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