scholarly journals CRIMINAL PROSECUTION OF TERRORIST CRIMES IN JURY TRIAL: LEGALITY AND APPROPRIATENESS

2019 ◽  
Vol 7 (5) ◽  
pp. 674-677 ◽  
Author(s):  
Zyufyar Shakirovich Gataullin ◽  
Alexander Yurevich Epihin ◽  
Oleg Aleksandrovich Zaitsev ◽  
Ekaterina Pavlovna Grishina ◽  
Andrey Viktorovich Mishin
Keyword(s):  
Statistical Data ◽  
Jury Trial ◽  
Criminal Prosecution ◽  
Constitutional Rights ◽  
Criminal Cases ◽  
Legal Proceedings ◽  
Constitutional State ◽  
Analysis And Synthesis ◽  
Teachers And Students ◽  
The Right

Purpose: Scientific views of processualists concerning Institute of jurors are given in the article. Some experts defend activity of jury, others - categorically against such form of legal proceedings. Methodology: The methodological basis of this research is made by a dialectic method. Special methods of knowledge were used: logic-legal; comparative, historical, sociological, system and structural, statistical, method of the analysis and synthesis, legal modeling. Result: On the basis of the analysis of statistical data and materials of jurisprudence the author's position of rather a criminal prosecution in court with the participation of jurors on criminal cases of terrorist orientation, in the conditions of absence at defendants of the right to petition on such court is stated. The need for differentiation of legality and expediency of restriction, constitutional rights of defendants on the jury is proved. The concrete measures directed to an increase in efficiency of criminal prosecution in the conditions of the constitutional state are proposed. Results of a poll of practical workers are given: investigators, prosecutors, and judges who spoke in favor of the made offers directed to an increase in efficiency of criminal legal proceedings. Applications: This research can be used for the universities, teachers, and students. Novelty/Originality: In this research, the model of Criminal Prosecution of Terrorist Crimes in Jury Trial: Legality and Appropriateness is presented in a comprehensive and complete manner.

scholarly journals ANTI-CORRUPTION THE CRIMINAL PROCEDURE LEGISLATION OF RUSSIA

2019 ◽  
Vol 7 (5) ◽  
pp. 646-649
Author(s):  
Alexander Yurevich Epihin ◽  
Oleg Aleksandrovich Zaitsev ◽  
Ekaterina Pavlovna Grishina ◽  
Andrey Viktorovich Mishin ◽  
Gulnar Isaevna Aliyeva
Keyword(s):  
Russian Federation ◽  
Judicial Review ◽  
Criminal Procedure ◽  
Criminal Prosecution ◽  
Criminal Cases ◽  
Legal Proceedings ◽  
Territorial Jurisdiction ◽  
Current Trends ◽  
Teachers And Students ◽  
The Russian Federation

Purpose: In article current trends of application of the criminal procedure legislation of the Russian Federation in compliance with the purpose of criminal legal proceedings and in the context of counteraction corruption and prevention of abuse of the law of the officials who are carrying out criminal prosecution and judicial review and permission of criminal cases are stated. Methodology: In the course of the research of problematic issues and statements of the material of the article the dialectic, comparative and legal, law modeling, logical, inductive and deductive methods were used. Result: As shows investigative and judicial practicians there are enough the facts of unreasonable initiation of legal proceedings concerning businessmen, with an application of measures of criminal procedure coercion (arrest on the property, blocking of bank accounts and so forth) which result is crash of firm. Change of territorial jurisdiction of consideration of the case of another region by the court is directed to the elimination of a possibility of rendering an impact on objectivity of adjudication. Casual distribution of participation of the lawyer in a criminal case to a destination (when he has to be present surely for protection of the defendant) promotes impartiality of realization of the function of protection in pre-judicial production. The intention of the legislator to enter the obligatory video protocol of court session is directed to a performance by all participants of the process of legal instructions and duties will eliminate possible manifestations of corruption character by officials. Applications: This research can be used for universities, teachers, and students. Novelty/Originality: In this research, the model of Anti-Corruption The Criminal Procedure Legislation of Russia is presented in a comprehensive and complete manner.

Some Aspects of Standing Capacity of a Citizen in Constitutional Proceedings

2019 ◽  
pp. 27-33
Keyword(s):  
Russian Federation ◽  
Point Of View ◽  
Constitutional Rights ◽  
Legal Process ◽  
Legal Personality ◽  
Legal Proceedings ◽  
Legal Nature ◽  
Analysis And Synthesis ◽  
The Moment ◽  
The Right

The legislation of Russian Federation does not determine the moments of occurrence and termination of standing capacity of a citizen in a constitutional legal process. At the same time, the absence of appropriate procedural rules means that the procedure for protection of citizens’ constitutional rights in constitutional proceedings remains uncertain. Using the methods of analysis and synthesis, the author examines some aspects of standing capacity of a citizen in a constitutional legal process from the point of view of its conditionality to the material legal personality. The author proceeds from the point that the right to be a participant of a constitutional legal proceeding exists within constitutional relations between the multinational people of Russian Federation and the state regarding the adoption and application of laws, and serves in an inseparable relationship to the goals of protecting constitutional rights and freedoms of man and citizen.. The article substantiates the emergence of standing capacity of a citizen in constitutional legal proceedings from the moment of birth and its termination by death. The legal nature of individual constitutional rights implies their existence after the death of a person, so it is proposed to use the institute of procedural succession in constitutional legal proceedings. With regard to procedural capacity, the attention of readers is drawn to the need for its completion by procedural norms for those persons who, for various reasons, do not have full legal capacity.

On the Consideration of a Criminal Case Against a Minor by Jury

2021 ◽  
Vol 2 ◽  
pp. 90-96
Author(s):  
E. V. Markovicheva ◽  
Keyword(s):  
Criminal Case ◽  
Jury Trial ◽  
Constitutional Court ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Scientific Discussion ◽  
Judicial Practice ◽  
Criminal Procedure Law ◽  
The Right ◽  
A Minor

The functioning of the jury in Russia has demonstrated not only effectiveness, but also a number of problems that need to be resolved. Such problems include the personal jurisdiction of criminal cases by jury. The article reveals the legal positions of the Constitutional Court of the Russian Federation regarding the right of minors to trial a criminal case in a jury. The approaches to solving this issue that have developed in the judicial practice of individual foreign states are analyzed, the main directions for further scientific discussion regarding the right of minors to a jury trial are outlined. The purpose of the article is to disclose various approaches to the administration of criminal justice in the relations of minors with the participation of lay judges. The theoretical basis of the study was Russian and foreign scientific works in the field of criminal procedure law, devoted both to the consideration of criminal cases with the jury, and the specifics of juvenile criminal proceedings. Using the comparative legal research method has allowed to reveal various approaches to the access of minors to jury trials in individual states. In Russian legislation and judicial practice the question of the right of minors to have a criminal case against them considered by a jury remains unresolved. The position of the Constitutional Court of Russia regarding the jurisdiction of such criminal cases is also controversial. The experience of foreign countries indicates that there is no universal way to ensure the right of a minor to a proper court. This issue is decided depending on the type of criminal process, the presence or absence of specialized juvenile courts. Any direct borrowing in this regard cannot be considered effective, but a generalization of foreign experience can create the necessary basis for optimizing both the work of the jury and criminal proceedings against minors.

6 Extraterritorial Application of U.S. Law

2020 ◽  
Author(s):  
Bradley Curtis A
Keyword(s):  
Due Process ◽  
The United States ◽  
Criminal Prosecution ◽  
Constitutional Rights ◽  
Habeas Corpus ◽  
State Laws ◽  
Guantanamo Bay ◽  
The Supreme Court ◽  
The Right

This chapter considers the application of federal and state law to conduct that takes place outside the territory of the United States. It begins by discussing the territorial scope of U.S. constitutional rights. Special consideration is given to the extraterritorial application of the right of habeas corpus in light of the Supreme Court’s 2008 decision in Boumediene v. Bush, concerning the habeas corpus rights of detainees at the Guantanamo Bay naval base in Cuba. The chapter then discusses the “presumption against extraterritoriality” that the Supreme Court applies when interpreting federal statutes. For situations in which the presumption is overcome or is inapplicable, the chapter explains how customary international law principles relating to prescriptive jurisdiction can be relevant in U.S. litigation through application of the Charming Betsy canon of construction. In addition, the chapter discusses the role of “universal jurisdiction” in U.S. litigation and criminal prosecution. Possible constitutional limitations on the extraterritorial application of both federal statutes and state laws, based on due process and other considerations, are also considered.

INTERNATIONAL AND CONSTITUTIONAL FRAMEWORK FOR CRIMINAL CASE PROCEEDINGS AGAINST MINORS

2019 ◽  
pp. 99-106
Author(s):  
Igor Igorevich Kartashov
Keyword(s):  
Juvenile Justice ◽  
International Law ◽  
General Procedure ◽  
The Self ◽  
Criminal Prosecution ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Legal Norms ◽  
Legal Proceedings ◽  
The Subject

The relevance of the study is due to the importance of finding effective and at the same time humane measures to combat crime of 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 orbit of criminal proceedings. In this study we consider some aspects of the implementation of fair minor’s justice standards in the Russian criminal procedure legislation. Also we analyze the provisions of key regulations in the field of juvenile justice, the practice of their application, 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 features of the proceedings in the category of criminal cases: 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 among minor, despite the peculiarities that distinguish it from the general procedure, it is impossible to recognize the self-differentiated procedure.

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 right to receive legal assistance in criminal proceedings in Russia and in foreign countries

2021 ◽  
Vol 5 (S3) ◽  
Author(s):  
Elena A. Kupryashina ◽  
Dmitry V. Boev ◽  
Anna A. Gileva ◽  
Anzhelika I. Lyakhova ◽  
Sergey F. Shumilin
Keyword(s):  
Integrated Approach ◽  
Legal Assistance ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Scientific Methods ◽  
Foreign Countries ◽  
Analysis And Synthesis ◽  
The Right ◽  
To Receive

The paper analyses the legislation of the Russian Federation and some foreign countries on the right of citizens to provide them with legal assistance in criminal cases, as well as the problems arising in its implementation. The paper also summarizes the experience of the studied countries in order to improve their legislation in this area of criminal justice. Methodologically, the work uses scientific methods of analysis and synthesis, as well as historical and comparative methods; all are given in an integrated approach. Among the conclusions, we underline the fact that some countries are introducing norms and tendencies from international law into their legal systems; the basic international principles of lawyer's activities, including principles for defenders, are fixed in the basic principles on the role of lawyers, which describe the right to receive free legal aid for those who are the poor; also that citizens have the right to choose a representative of their interests in the judiciary and have the opportunity to contact with their defenders at any time.

scholarly journals Problematic issues of prevention and counteraction to domestic violence by the prosecutor's office

2021 ◽  
Vol 12 (4) ◽  
Author(s):  
Yara Olena ◽  
◽  
Stasiuk Nadiia ◽  
Keyword(s):  
Domestic Violence ◽  
Empirical Method ◽  
Criminal Cases ◽  
Analysis And Synthesis ◽  
Procedural Support ◽  
Women And Children ◽  
Legislative Activity ◽  
The Right ◽  
Women Violence

In today's reality, the issue of combating and preventing domestic violence is extremely important, as a large number of women and children are victims of such violence, although there are cases of domestic violence against men as well. In this paper, the issue of the role of the prosecutor's office in preventing and combating domestic violence was considered. The problems of legislative regulation of prosecutorial activity in the system of prevention and counteraction to domestic violence are also studied. In the process of writing the paper, the method of analysis and synthesis, empirical method and method of comparison were used. And, indeed, it is rightly noted in the topic of this article that this is still a problem. First of all, due to the fact that the current legislation does not clearly regulate what actions prosecutors can prevent or counteract domestic violence, as their powers include direct procedural support of such criminal cases, ie after such violence has already occurred. In our opinion, in order for the prosecutor's office to be able to effectively prevent and combat domestic violence, we propose to amend Article 131-1 of the Constitution of Ukraine, which defines the functions of the prosecutor's office in general and the prosecutor in particular. It is appropriate to supplement this article with a part that would give the prosecutor's office the right to take preventive measures to prevent and combat domestic violence. The research conducted in this paper can form the basis of legislative activity in the adoption of amendments to legislation governing the legal relationship in the field of preventing and combating domestic violence. Keywords: prosecutor's office, prosecutor, prosecutor's office, domestic violence, violence against women, violence against children, prevention of violence, counteraction to violence

scholarly journals Perlindungan Hak Konstitusional untuk Bebas dari Penyiksaan di Indonesia

2018 ◽  
Vol 15 (3) ◽  
pp. 565
Author(s):  
Rommy Patra
Keyword(s):  
Human Rights ◽  
Constitutional Rights ◽  
Conceptual Approach ◽  
Human Rights Protection ◽  
Legal Proceedings ◽  
Legal Rules ◽  
Number Of Factors ◽  
Convention Against Torture ◽  
The Government ◽  
The Right

Upaya mencegah dan menghapus praktik penyiksaan di Indonesia bukanlah persoalan yang mudah. Meski sudah meratifikasi Konvensi Menentang Penyiksaan dan mengakui hak untuk bebas dari penyiksaan sebagai HAM dan hak konstitusional, namun praktik penyiksaan di Indonesia masih juga berlangsung secara massif. Permasalahan dalam penelitian ini, pertama, faktor-faktor apa saja yang menyebabkan praktik penyiksaan masih terjadi di Indonesia? Kedua, upaya apa yang harus dilakukan untuk mencegah dan menghapus praktik penyiksaan dalam memperkuat perlindungan HAM dan hak konstitusional untuk bebas dari penyiksaan di Indonesia? Pendekatan yang digunakan dalam kajian ini adalah pendekatan perundang-undangan, pendekatan kasus dan pendekatan konseptual. Hasil kajian memperlihatkan bahwa, pertama, sejumlah faktor yang menyebabkan masih terjadinya praktik penyiksaan di Indonesia: (1) tidak adanya aturan hukum yang tegas dan memberikan sanksi yang berat kepada pelaku penyiksaan; (2) terinstitusionalisasinya praktik kekerasan dan penyiksaan di jajaran penegak hukum serta permisifnya masyarakat terhadap praktik tersebut; (3) mekanisme perlindungan dan pemberian kompensasi terhadap korban penyiksaan masih belum memadai. Kedua, perbaikan yang harus dilakukan mencakup: (1) adanya komitmen yang kuat dari pemerintah dengan membuat kebijakan penghapusan tindakan penyiksaan, seperti membuat Undang-Undang khusus menentang penyiksaan; (2) penataan institusi Kepolisian, Kejaksaan, TNI, Lembaga Pemasyarakatan serta lembaga-lembaga lainnya dengan meningkatkan pengawasan, memberikan sanksi yang tegas dan dilakukannya proses hukum jika masih terdapat praktik penyiksaan yang dilakukan. Selain itu perlu diberikan pendidikan HAM bagi personil institusi-institusi tersebut; (3) meningkatkan partisipasi masyarakat agar memiliki kesadaran untuk melawan setiap praktik kekerasan dan penyiksaan; (4) mengoptimalkan peranan lembaga seperti Komnas HAM dan LPSK untuk memberikan perlindungan dan pendampingan terhadap korban. (5) harus adanya pemenuhan terhadap hak-hak korban yang menjadi korban dari praktik penyiksaan.Efforts to prevent and eliminate the practice of torture in Indonesia are not easy. Although it has ratified the Convention Against Torture and recognizes the right for freedom from torture as human rights and constitutional rights, the practice of torture in Indonesia is still massive. The problem is, what factors cause the practice of torture to still occur in Indonesia? Then what efforts should be made to prevent and eliminate the practice of torture in strengthening human rights protection and constitutional rights for freedom from torture in Indonesia? The approach used in this study is the statute approach, case approach and conceptual approach. The results of the study show a number of factors that leads to the practice of torture in Indonesia: (1) the absence of strict legal rules and severe sanctions for perpetrators of torture; (2) institutionalization of the practice of violence and torture in the ranks of law enforcement as well as the permissiveness of the community towards the practice; (3) the mechanism for protecting and providing compensation to victims of torture is still inadequate. The improvements that must be made include: (1) a strong commitment from the government by making a policy of abolishing acts of torture, such as making a special law against torture; (2) structuring of the Police, Prosecutor's Office, TNI, Correctional Institutions and other institutions by increasing supervision, providing strict sanctions and carrying out legal proceedings if there are still practices of torture carried out. In addition, it needs education of human rights for personnel of these institutions; (3) increasing community participation in order to have awareness to fight every practice of violence and torture; (4) optimizing the role of institutions such as Komnas HAM and LPSK to provide protection and assistance to victims. (5) there must be rights fulfillment to the victims who become the victims of the practice of torture.

Exercise of the Right of Citizens to Participate in the Administration of Justice: Possible Ways of Reforming in the Criminal Process

2021 ◽  
pp. 69-75
Author(s):  
Veronika V. Yaselskaya ◽  
◽  
Alena V. Grishchenko ◽  
Keyword(s):  
Jury Trial ◽  
District Courts ◽  
Criminal Cases ◽  
Criminal Process ◽  
Administration Of Justice ◽  
Long Time ◽  
Constitutional Right ◽  
Soviet Russia ◽  
The One ◽  
The Right

The Constitution of the Russian Federation considers the jury as a form of citizens’ participation in the administration of justice, though it was not widely accepted for a long time. Recreated in the early 1990s, the jury trial suffered from limited powers. Subsequently, the range of criminal cases within its jurisdiction became even more limited. The jury expanded its jurisdiction when introduced to district courts in June 1, 2018. On the one hand, the expanded jurisdiction of the jury improves activities of the court and other participants in the criminal process. On the other hand, the changes did not result in the effective exercise of the right of citizens to participate in the administration of justice, which suggests the necessity of the jury’s further expansion. Since it is difficult not to ensure the participation of the jury in minor and medium gravity cases, the increase in the number of cases brought before a jury should occur at the expense of certain types of grave and especially grave crimes. The expansion of the jury competence on grave and especially grave crimes will not be a final solution to the problem of involving citizens in the administration of justice. In contrast to Soviet Russia, where popular representatives (lay judges) exercised control over the judges in all criminal cases at first instance, today, in most cases, justice is administered by judges alone. The people’s court has advantages over the sole consideration of the case, as it ensures open justice, increases the responsibility of professional participants in the process, and raises the prestige of performing judicial functions. It is possible to return lay judges to district courts for non-grave and medium-grave cases implying custodial punishment. Thus, the effective implementation of the constitutional right of citizens to participate in the administration of justice can be achieved through various forms. Expanding the jury’s competence at the expense of certain types of grave and especially grave crimes, the introduction of lay judges for non-grave and medium-grave crimes implying custodial punishment will promote a broader participation of citizens in the administration of justice.

Sign in / Sign up

Export Citation Format

Share Document