scholarly journals DEFINITION OF THE MOMENT OF CONCLUSION OF PREJUDICIAL COOPERATION AGREEMENT TAKING INTO CONSIDERATION THE QUALIFICATION OF A CRIME

2021 ◽  
Vol 15 (1) ◽  
pp. 15-21
Author(s):  
O. V. Klimanova
Keyword(s):  
Criminal Procedure ◽  
Special Focus ◽  
Cooperation Agreement ◽  
Legal Proceedings ◽  
Legitimate Interests ◽  
The Moment ◽  
Definition Of

This article is about possible temporary limits of criminal legal proceedings in which the prejudicial cooperation agreement may be concluded. The special focus is on qualification of a crime as the factor which is directly influencing cooperation prospects for the suspect (accused) and the moment of its conclusion. The research objective is the identification of interrelation between degree of accuracy of qualification of a crime at some stage of criminal procedure and security of observance of legitimate interests of the cooperating person.

scholarly journals ISSUES AND PROSPECTS FOR IMPROVEMENT IN SIMPLIFYING THE PRE-TRIAL INVESTIGATION

2021 ◽  
Vol 75 (2) ◽  
pp. 132-139
Author(s):  
Andriy Vorobey ◽  
Keyword(s):  
Legal Status ◽  
Full Range ◽  
Practical Importance ◽  
Criminal Procedure ◽  
Negative Consequences ◽  
Procedure Code ◽  
Criminal Offenses ◽  
The Moment ◽  
Definition Of ◽  
National Police

The article deals with the problematic issues of pre-trial investigation of criminal offenses, under investigation by the units of the National Police of Ukraine, have not been studied in the scientific literature. The author of the article points out the problems of the legal status of a head of an inquest body, the author's definition of this term is given and proposed changes to the current criminal procedural legislation, which should eliminate legal gaps. Considered the inconsistencies of the current criminal procedural legislation in terms of regulating the order of attachment for seizure of the property during the pre-trial investigation of criminal offenses. Analyzed judicial practice on this issue and proposed changes to legislation according to the needs of practice. The drawbacks are noted in establishing the terms of pre-trial investigation of criminal offenses, which are caused by the need to conduct psychiatric and other forensic examinations, it is proposed to provide in the Criminal Procedure Code of Ukraine for an inquiry period of 2 months from the moment a person is informed of suspicion. The author's specified legal inconsistencies in the issue of regulating the conduct of a search during an inquiry, it is indicated that there is a need to standardize Articles 234–236 of the Criminal Procedure Code. Due to fact that the activities of the inquest bodies of the National Police of Ukraine are noticeably inefficient, it is proposed to introduce a shortened inquiry procedure in order to implement the principle of economy in the criminal process and saving resources used during the pre-trial investigation.The current procedural form of criminal investigation in Ukraine provides for the need to conduct a full range of investigative and procedural actions in a short time, even for obvious criminal offenses, when the suspect unequivocally pleads guilty and compensates for the damage, which has negative consequences. The introduction of an abbreviated procedure for inquiry is possible only for a clearly defined range of criminal offenses, the legislation must approve guarantees to ensure the rights of suspects from law enforcement abuses and the criteria under which an abbreviated form of inquiry is impossible. The study of the possibility of implementing an abbreviated order of inquiry is of practical importance and is an important area for further study.

scholarly journals Reform and Digitalization of Pre-trial Proceedings in Criminal Proceedings of the Kyrgyz Republic

2020 ◽  
Vol 6 (9) ◽  
pp. 308-315
Author(s):  
K. Smanaliev
Keyword(s):  
Public Relations ◽  
Criminal Procedure ◽  
Electronic System ◽  
Kyrgyz Republic ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
The Subject ◽  
Legislative Reforms ◽  
The Moment ◽  
Definition Of

The article is devoted to the peculiarities of changes in the model of criminal proceedings in the Kyrgyz Republic and the definition of ‘criminal proceedings’ is given in a new edition. It has been established that pre-trial proceedings as a stage in the criminal process; begins with the registration of statements and messages and is the initial independent stage of the criminal process, manifesting in two forms: investigation and proceedings on misdemeanor cases. It was confirmed that the refusal from the stage of initiating a criminal case was replaced by a new institute of the Unified Register of Crimes and Misdemeanors, which includes a process starting from the moment of electronic registration and a system for recording applications and messages, and ending with the execution of a court sentence. The object of the research is public relations associated with the reform and digitalization of pre-trial proceedings in the Kyrgyz Republic. The subject of the research is the novelties of the criminal procedure legislation of the Kyrgyz Republic regarding pre-trial proceedings. In connection with the latest legislative reforms and digitalization in Kyrgyzstan, a comparative analysis of the state of the criminal procedure legislation of a number of post-Soviet states (Kazakhstan, Ukraine, Georgia, Moldova) on issues related to the electronic system of the unified register of crimes and misconduct seems relevant to the author.

ELECTRONIC EVIDENCE IN CRIMINAL PROCEEDINGS

2017 ◽  
Author(s):  
Anastasiia Antoniuk ◽  
◽  
Valeriia Rusetska ◽  
Keyword(s):  
Criminal Procedure ◽  
Criminal Proceedings ◽  
Specialized Knowledge ◽  
Legal Proceedings ◽  
Electronic Evidence ◽  
Effective Implementation ◽  
Procedure Code ◽  
Definition Of ◽  
Developed World ◽  
Theoretical Issues

This article is devoted to the consideration of theoretical issues related to the introduction in Ukraine of the institution of electronic evidence of criminal proceedings. The article also raises the question of ways to obtain electronic evidence. The article notes that in the modern developed world there are more and more new types of crimes. In this context, we will consider crimes closely related to the use of information technology. Proving such crimes raises some difficulties. To date, it is relevant to consolidate the concept of electronic evidence in the Criminal Procedure Code of Ukraine and the formation of a methodology for their study. Also, the author of the article notes that among the unresolved and problematic aspects of using electronic evidence in criminal proceedings in Ukraine, scientists distinguish: the lack of a clear procedural procedure for obtaining them in accordance with the Criminal Procedure Code of Ukraine; lack of grounds for declaring electronic evidence inadmissible; difficulties in identifying and fixing electronic evidence due to the lack of specialized knowledge among investigators, which necessitates the involvement of specialists for conducting legal proceedings; lack of a developed methodology for studying such evidence; lack of uniform terminology and regulation at the legislative level. It is determined in the article that for the effective implementation of international law in the field of combating cybercrime, it is advisable to substantiate the need for a legislative definition of electronic evidence, sources of their formation, the admissibility of international cooperation through the exchange of electronic evidence, the expediency of using electronic methods of sending requests and responses about their implementation, the possibility application of control information supply for investigation of transnational computer crimes. Based on the above, the author offers his own definition of electronic evidence. It is concluded that it is necessary to legislatively consolidate the term "electronic evidence" and continue to study the category, the importance of developing a methodology for studying electronic evidence, the procedure for collecting and recording them.

scholarly journals CRIMINALISTIC TASKS WHILE CRIMINAL PROCEDURE REFORMATION

2018 ◽  
Vol 18 ◽  
pp. 53-62
Author(s):  
A. F Volobuiev ◽  
M. V. Danshin
Keyword(s):  
Procedural Knowledge ◽  
Criminal Procedure ◽  
Radical Change ◽  
The Body ◽  
Criminal Prosecution ◽  
Criminal Proceedings ◽  
Conceptual Approach ◽  
Legal Proceedings ◽  
Conceptual Changes ◽  
Definition Of

This article examines specifics trends of conceptual changes in the system of modern criminal proceedings regarding the use of criminalistic means and techniques as a cognitive tool in criminal procedure in Ukraine. Authors analyzed the reform impact of domestic criminal procedural legislation on definition of goals and objectives of criminalistics; in particular, the emphasis is on the significant expansion of competitiveness in pre-trial investigation and legal proceedings. Proposals of certain criminalists concerning allocation of separate subsystems of knowledge and recommendations directed at different subjects of criminal proceedings in modern criminalistics are analyzed. Characteristic of the conceptual approach of allocation Criminalistic Advocacy Studies is offered in Criminalistics. In this regard, types of advocacy activities in the context of solved tasks by means of сriminalistic knowledge are considered. It is noted that attorney while performing his professional duties – the protection of a person who is subject to criminal prosecution, or the implementation of the representation of the victim, really uses сriminalistic knowledge but for different purposes. In last case, the purpose and scope of the сriminalistic knowledge used by a lawyer actually coincide with the purpose and scope of knowledge of the body of pre-trial investigation. Activity of a lawyer regarding a representation office while the criminal proceedings of the victim's interests is illustrated investigation materials of anthropogenic disaster entailing loss of life. Against this background, a conclusion is drawn on the contradiction and uncertainty of the proposal regarding the formation of "criminalistic advocacy" as a subsystem of criminalistics. According to the performed analysis of an author's vision of modern integration of сriminalistic and criminal procedural knowledge is proposed. It is summarized that use of сriminalistic knowledge can be carried out by each participant in the criminal proceedings in the scoop he thinks fit to achieve his goal, but this does not give grounds for the division of criminalistics into specific subsystems depending on the used subjects. It is emphasized that in view of the radical change regarding domestic criminal procedure, nowadays some scientific norms and practical recommendations of criminalistics need to be reviewed or corrected.

scholarly journals FEATURES OF INTERVIEW OF ELDERLY PEOPLE

2020 ◽  
Vol 24 (4) ◽  
pp. 1100-1121
Author(s):  
Lev V. Bertovsky
Keyword(s):  
Older People ◽  
Preliminary Investigation ◽  
Scientific Research ◽  
The Elderly ◽  
Relevant Information ◽  
Legal Rights ◽  
Criminal Proceedings ◽  
Legitimate Interests ◽  
The Moment ◽  
Definition Of

Relevance . The article considers current problems of a criminal procedural and forensic nature common for search and cognitive activities when dealong with older people with cognitive impairment. Successful developments in the field of medicine, an overall increase in the standard of living of the population, and the quality of social security have extended life span expectancy and, accordingly, led to the increase of the total number of older people. People from this category are increasingly involved in the orbit of criminal proceedings as witnesses and victims, and often as defendants (suspects). It should be understood and taken into account that, due to various diseases, changes in the mental state, social status of these persons and other reasons, obtaining verbal criminally relevant information from such participants in the criminal proceedings demonstrate certain specifics. However, at the moment, there are no forensic developments aimed at optimizing investigative actions involving older people. Relevant scientific research on this issue has not been conducted either in Russia or abroad. The aim of the work is the need to ensure the full realization of the rights and legitimate interests of participants in criminal proceedings from among the elderly by developing and introducing forensic techniques into law enforcement in criminal investigations, which necessitates the initial definition of the problem and disclosing its essence. The materials for the study are scientific works of specialists in the field of psychology, gerontology, neurophysiology, forensic science, and statistical data, as well as the authors vast experience in the preliminary investigation of criminal cases as an investigator. The results and conclusions were obtained with the help of general scientific research methods: logical, systemic, sociological, as well as private-scientific and special: comparative-legal, formal-legal, interpretation, statistical, etc. Results: several conclusions have been made to strengthen the necessary to improve the regulatory framework governing participation of older people in criminal proceedings to ensure their legal rights and freedoms. Recommendations on preparation and conduct of investigative actions with participation of such categories of persons have been proposed.

scholarly journals CERTAIN PROBLEMATIC ISSUES OF DEFINING THE CONTENT OF SPECIAL KNOWLEDGE IN CRIMINAL LEGAL PROCEEDINGS

2016 ◽  
Vol 15 ◽  
pp. 171-180
Author(s):  
V. A. Fastovets
Keyword(s):  
Human Activity ◽  
Criminal Procedure ◽  
Criminal Proceedings ◽  
Legal Proceedings ◽  
Procedure Code ◽  
Criminal Procedure Law ◽  
Special Knowledge ◽  
Definition Of ◽  
The Given ◽  
Made In

The article deals with the issue of defining the meaning of terms used in the Criminal Procedure Code of Ukraine, namely the notion of «special knowledge». It analyzes the definitions of this notion that were made in different periods of time by both national and foreign researchers based on the criteria of the significant features that are distinguished by these researchers in their definitions of the given term. By consequently highlighting faults in these definitions the article distinguishes those features that are the most accurate to reflect the essence of special knowledge in the criminal legal proceedings. Based on the obtained findings the article offers its own definition of this notion: special knowledge in criminal proceedings includes knowledge, skills and competences in any sphere of human activity that the investigator or the judge may not have at all or have to an insufficient extent, the use of this knowledge is at the discretion of the latter or directly regulated in the criminal procedure law, in order to establish the circumstances to be proved or to establish other circumstances relevant to the criminal proceedings.

scholarly journals Verification by the prosecutor of the legality and validity of the decisions made by the investigating judge regarding the applied security measures

2021 ◽  
pp. 341-345
Author(s):  
I.О. Merimerina
Keyword(s):  
Criminal Procedure ◽  
Appellate Court ◽  
Security Measures ◽  
Criminal Proceedings ◽  
Procedure Code ◽  
Legitimate Interests ◽  
Precautionary Measures ◽  
Characteristic Features ◽  
Definition Of ◽  
The Right

The article is devoted to clarifying what the stage of an appeal in criminal proceedings is. During the investigation, the decisions of the investigating judge concerning the application of measures to ensure criminal proceedings are con-sidered to be appealed in accordance with the requirements of the Criminal Procedure Code of Ukraine. It was empha-sized that appealing the decisions of the investigating judge during the pre-trial investigation is an important guarantee of ensuring the protection of the rights and legitimate interests of the participants in the criminal proceedings. The list of persons who have the right to file an appeal is covered. The normative regulation of appealing against the decisions of the investigating judge is analyzed. The problematic issues of this activity and the definition of ways of normative regulation are considered. In the course of the research the works of scientists on the outlined issues are analyzed.The article examines the role of the prosecutor in verifying the legality and validity of decisions made by the investigating judge on the election, change, cancellation of measures to ensure criminal proceedings. Attention is drawn to the peculiarities of the prosecutor’s appeal of certain precautionary measures. Emphasis is placed on the peculiarities of the prosecutor’s filing of appeals, the quality of preparation of response documents. The peculiarities of appealing the decision of the appellate court, ruled on the results of the review of the decision of the investigating judge on the application of certain precautionary measures, have been studied. The characteristic features of appealing certain measures to ensure criminal proceedings have been identified and investigated.It is concluded that it is expedient to supplement the Criminal Procedure Code of Ukraine with provisions on the possibility for the prosecutor to appeal the decisions of the investigating judge on seizure of property, refusal, full or partial revocation of seizure of property, revocation of seizure of property, return of temporarily seized items and documents. measures in the form of a personal obligation or refusal to apply it, application of a precautionary measure in the form of a personal guarantee, application of a measure of restraint in the form of transfer of a juvenile suspect or accused under the supervision of parents, guardians, trustees or administration of a child care institution.

scholarly journals The use of special psychological knowledge in compensation for non-pecuniary damage on the example of a traffic accident

2021 ◽  
pp. 16-18
Author(s):  
Ihor OZERSKYI
Keyword(s):  
Legal Proceedings ◽  
Procedural Law ◽  
National Courts ◽  
European Court ◽  
Civil Proceedings ◽  
Moral Damage ◽  
Psychological Knowledge ◽  
The Moment ◽  
Definition Of ◽  
The Individual

The theoretical and practical questions of compensation for moral damage in civil legal proceedings on the basis of studying materials of court cases of national courts and analysis of judgments of the European Court of Human Rights are researched. In the context of the above, an author's approach in applying the norms of civil procedural legislation to optimize the mechanism of compensation for moral damage is proposed. The author stresses the need for the court to take into consideration the conclusions of psychologists or experts in the field of law on determining the level of moral harm to a person who is consistent with the principle of fair trial. As for the advice provision (conclusion, excerpt from a protocol etc.) of a psychologist to the evidence status in a civil case, there are important arguments in favor of this that laid in the relevant procedural law by the legislator. The legislator in Part 1 of Art. 76 (name – “Evidence”) of the CPC of Ukraine has written that evidences are any data on the basis of which the court establishes the presence or absence of circumstances (facts) which are substantiating the demands and objections of the participants of the case, and other circumstances that are relevant for the resolution of the case. In this case, the plaintiff should give the court a conclusion of the individual psychological consultation or extraction from the protocol of such psychological examination, which will determine the degree of moral hazard and the statement (definition) of its size in cash equivalent. Such a conclusion should preferably be filed together with a statement of claim or separately by way of a statement of claim under Art. 83 of the CPC of Ukraine about admission as evidence of causing non-pecuniary damage to materials of the case «extraction of the protocol of the individual psychological. We believe that the mechanism for providing compensation for moral harm to a person in the course of civil proceedings should take place, in addition to the conclusion of a specialist (expert) – a psychologist and other circumstances determined by the Law, also taking into account the amount of salary established by the legislation at the moment of consideration of the case by the court for each month of stay of the plaintiff in a state dispute (conflict) with the defendant.

PERTANGGUNGJAWABAN KERUGIAN NEGARA DALAM PENGELOLAAN KEUANGAN DAERAH

EDUKASI ◽  
2018 ◽  
Vol 16 (1) ◽  
Author(s):  
Hendra Karianga
Keyword(s):  
Financial Management ◽  
Criminal Liability ◽  
The State ◽  
Legal Proceedings ◽  
Regional Finance ◽  
Regional Budget ◽  
State Finance ◽  
Budget Policy ◽  
Definition Of ◽  
The Impact

Sources of revenue and expenditure of APBD (regional budget) can be allocated to finance the compulsory affairs and optional affairs in the form of programs and activities related to the improvement of public services, job creation, poverty alleviation, improvement of environmental quality, and regional economic growth. The implications of these policies is the need for funds to finance the implementation of the functions, that have become regional authority, is also increasing. In practice, regional financial management still poses a complicated issue because the regional head are reluctant to release pro-people regional budget policy, even implication of regional autonomy is likely to give birth to little kings in region causing losses to state finance and most end up in legal proceedings. This paper discusses the loss of state finance and forms of liability for losses to the state finance. The result of the study can be concluded firstly,  there are still many differences in giving meaning and definition of the loss of state finace and no standard definition of state losses, can cause difficulties. The difficulty there is in an effort to determine the amount of the state finance losses. The calculation of state/regions losses that occur today is simply assessing the suitability of the size of the budget and expenditure without considering profits earned by the community and the impact of the use of budget to the community. Secondly, the liability for losses to the state finance is the fulfillment of the consequences for a person to give or to do something in the regional financial management by giving birth to three forms of liability, namely the Criminal liability, Civil liability, and Administrative liability.Keywords: state finance losses, liability, regional finance.

CONCEPT AND CONTENT OF A RECONCILIATION AGREEMENT IN THE CRIMINAL PROCEEDINGS OF UKRAINE

2017 ◽  
Author(s):  
Mariia Sirotkina ◽  
Keyword(s):  
Criminal Procedure ◽  
Criminal Proceedings ◽  
Main Attention ◽  
Criminal Offense ◽  
Procedural Law ◽  
Legal Nature ◽  
Criminal Procedure Law ◽  
The Subject ◽  
Definition Of

The article is turned out to a scientific search for the concept of "a reconciliation agreement between the victim and the suspect or accused" through the study of the essence of reconciliation and role in criminal proceedings thereof. The author notes that criminal procedural law (until 2012) had been proclaimed another approach to reconciliation between victim and suspect, not involved a dispute procedure as a conflict, the result of which can be reached by compromise and understanding through reconciliation. It is stated that one of the ways to resolve the legal conflict in committing a criminal offense was the opportunity to reach a compromise between the victim and the suspect (the accused) by concluding a reconciliation agreement between them, provided by the Code of Сriminal Procedure of Ukraine (2012). The main attention is placed on the shortcoming of the domestic criminal procedure law which is the lack of the concept of "a reconciliation agreement between the victim and the suspect or the accused", which can be eliminated only through examining the essence or legal nature of reconciliation in criminal proceedings. Taking into consideration the current legislation and modern views on the institution of reconciliation in criminal proceedings, the author's definition of the concept of "a reconciliation agreement" is proposed. Thus, “The conciliation agreement is an agreement in criminal proceedings concluded between the victim and the suspect or the accused person on their own initiative in relation to crimes of minor or medium gravity and in criminal proceedings in the form of private prosecution, the subject of which is the compensation of harm caused by wrongdoing or committing other actions not related to compensation for the damage that the suspect or the accused is obliged to commit in favor of the victim, in exchange for an agreed punishment and sentencing thereof or sentencing thereof and relief from serving a sentence with probation, as well as the statutory consequences of conclusion and approval of the agreement".

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