scholarly journals Problems of evaluating the testimony of persons in criminal cases against accomplices

2021 ◽  
Vol 3 ◽  
pp. 38-41
Author(s):  
A.A. Boyarintsev ◽  
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Criminal Case ◽  
Leningrad Region ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Effective Protection ◽  
The Supreme Court ◽  
The Russian Federation

The article examines the problem of using the testimony of accomplices in a criminal case in proving evidence. The article reveals the specifics of approaches to resolving this issue in the practice of the courts of the Leningrad Region, as well as the Supreme Court of the Russian Federation; conclusions are drawn about possible ways to ensure effective protection of the defendant in modern criminal proceedings. The actual problems of evaluating the testimony of interested witnesses are investigated.

scholarly journals The use of digital communication technologies in the context of a pandemic as a way to improve the effectiveness of justice

2021 ◽  
Vol 7 (1) ◽  
pp. 95-101
Author(s):  
E. V. Smakhtin
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Information Technologies ◽  
Criminal Procedure ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Judicial Practice ◽  
The Supreme Court ◽  
Federal Constitutional ◽  
The Russian Federation

The article deals with the peculiarities of the activity of courts in making judicial decisions in the context of a pandemic. First of all, we are talking about the wider use of digital and information technologies in criminal proceedings, which have previously been repeatedly recommended by forensic science for implementation in judicial practice. Some recommendations of criminalistics are currently accepted by the Presidium of the Supreme Court of the Russian Federation in its Decision dated April 08, 2020 № 821 and Review on certain issues of judicial practice related to the application of legislation and measures to counteract the spread of a new coronavirus infection (COVID-19) in the territory of the Russian Federation № 2, which provided appropriate explanations for their use in practice. In particular, we are talking about the possibility of using video conferencing systems for certain categories of criminal cases and materials that are considered urgent, although this is not provided for in criminal procedure legislation. It is concluded that it is necessary to change the current criminal procedure legislation, bring it into line with the Constitution of the Russian Federation, federal constitutional laws, federal laws and subordinate regulatory legal acts, including orders of the Judicial Department under the Supreme Court of the Russian Federation.

scholarly journals Problems of proving guilt in criminal cases in connection with tax evasion

2019 ◽  
pp. 170-176
Author(s):  
V. V. Dubrovin
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Criminal Law ◽  
Tax Evasion ◽  
Criminal Code ◽  
Control Measures ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
The Supreme Court ◽  
The Russian Federation

The establishment of an intentional form of guilt and its specific type is mandatory for the implementation of the provisions of Art. 8 of the Criminal Code. In criminal proceedings in connection with tax evasion, a direct intent should be established in the act of the accused, otherwise the provisions of the Resolution of the Plenum of the Supreme Court of the Russian Federation of December 28, 2006 No. 64 “On the practice of criminal law on liability for tax offenses”. One of the proofs of direct intent in the act of the accused may be the decision of the tax authority to prosecute for the tax offense, made according to the results of tax control measures (in-house or on-site tax audits). In the event that it establishes an imprudent form of the taxpayer’s guilt in committing a tax offense, in proving the guilt of the accused in the course of criminal proceedings there may be an intractable contradiction.

Theft and Fraud Committed Using Electronic Payment Systems (Regional Judicial and Investigative Practice)

2020 ◽  
Vol 2 ◽  
pp. 66-79
Author(s):  
S. L. Morozov ◽  
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Criminal Law ◽  
Legal Analysis ◽  
Payment Systems ◽  
Criminal Cases ◽  
Electronic Payments ◽  
Judicial Practice ◽  
The Supreme Court ◽  
The Russian Federation

The advent of the electronic currency and the effecting of electronic payments has caused new forms of thefts and types of acquisitive crimes. The judicial investigative practice of criminal cases of embezzlement committed using bank cards and other types of electronic payments has encountered problems with the qualification of such acts. The author identifies the most common enforcement problemsand their causesby a retrospective study of judicial practice, the changing norms of the criminal law. At the same time, a ten-year period of work of the judicial investigating authorities was studied. On the basis of traditional general scientific methods of cognition, as a result of a system-legal analysis of the considered set of specific situations, the author gives an author's view of the complex of causes that cause a lack of uniformity in judicial investigative practice. Using the hermeneutic approach, the author paid special attention to the application by the courts of the interpretation of the criminal law by the Plenum of the Supreme Court of the Russian Federation in different years. In conclusion, ways of resolving contentious issues of qualification of thefts and fraud in the field of electronic means of payment are proposed. It has been ascertained that high-quality and uniform law enforcement can provide additional clarification on the delimitation of related and competing theft from the Plenum of the Supreme Court of the Russian Federation. It is concluded that in general, the current concept of the Plenum of the Supreme Court of the Russian Federation does not contain contradictions with the novels of the criminal law, but can be improved. The rationale and edition of possible additions to the relevant decision of the Plenum of the Supreme Court of the Russian Federation are given.

scholarly journals FEATURES OF THE IMPLEMENTATION OF THE PRINCIPLE OF PRESUMPTION OF INNOCENCE IN CRIMINAL PROCEEDINGS OF PRIVATE PROSECUTION

2020 ◽  
Vol 30 (6) ◽  
pp. 875-880
Author(s):  
E.F. Tensina
Keyword(s):  
Russian Federation ◽  
Criminal Procedure ◽  
Criminal Case ◽  
Presumption Of Innocence ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Procedure Code ◽  
Special Procedure ◽  
The Russian Federation ◽  
Procedural Rights

The article reveals the nature of the claim of a private prosecution, which establishes the freedom to dispose of material and procedural rights. The forms of manifestation of dispositive principles in the material and procedural aspects in the course of criminal proceedings are determined. Taking into account the nature of the claim of a private prosecution, various models of proceedings in criminal cases of a private prosecution and the peculiarities of the implementation of the provisions of the criminal procedure principle of the presumption of innocence are considered. The author critically assesses the legal constructions that allow the application of a special procedure for making a court decision in criminal proceedings of a private prosecution if the accused agrees with the charge brought. In particular, taking into account the provisions of the principle of the presumption of innocence, it is concluded that it is inadmissible to apply Chapter 40 of the Criminal Procedure Code of the Russian Federation when considering a criminal case of a private prosecution if it is initiated by filing an application directly with a magistrate in the manner prescribed by Art. 318 of the Code of Criminal Procedure of the Russian Federation or when investigating a criminal case of this category in the form of an abbreviated inquiry, regulated by Ch. 32.1 of the Criminal Procedure Code of the Russian Federation.

scholarly journals Binding Nature of the Supreme Court of the Russian Federation Explanations in Criminal Law

Lex Russica ◽  
2021 ◽  
pp. 95-107
Author(s):  
I. A. Klepitskiy
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Criminal Law ◽  
General Rule ◽  
Criminal Cases ◽  
Judicial Practice ◽  
The Supreme Court ◽  
Nulla Poena Sine Lege ◽  
The Russian Federation ◽  
The Law

The question of the legal nature and the binding nature of explanations of the Supreme Court of the Russian Federation remains debatable in the literature. When considering criminal cases, the courts do not always follow the decisions of the Plenum of the Supreme Court. It seems that the explanations of the Supreme Court, while not being a source of criminal law, are nevertheless binding on courts and officials applying the norms of criminal law. This is a general rule, to which there are exceptions. First, there are erroneous explanations of the Supreme Court, which are not based on the established judicial practice and are not supported by it. Second, there are outdated explanations of the Supreme Court that do not meet modern legal realities. Third, there are explanations of the Supreme Court, which, in relation to a particular situation, require an expansive or restrictive interpretation. In these three situations, the Supreme Court’s explanations do not bind the law enforcement officer. The binding nature of the Supreme Court’s explanations is determined by the value of the law as such. Questions of law require a uniform resolution. An alternative to a uniform interpretation of the law is arbitrary administration. Arbitrary administration is not within the competence of the judge. There is no case law in Russia. The works of legal scholars in modern Russia also cannot satisfy the need for a uniform interpretation of the law. The significance of the explanations of the Supreme Court determines the high requirements for their quality. The Supreme Court’s explanations should not directly contradict the law. The Supreme Court’s explanations should not change unless there is an urgent need to do so. The rule nullum crimen, nulla poena sine lege, being an achievement of legal culture, binds the Supreme Court. By clarifying the practice of applying the law, the Supreme Court forms and preserves judicial doctrine, thereby providing legal certainty.

scholarly journals DISCUSSION ISSUES OF THE LEGISLATIVE INITIATIVE OF THE SUPREME COURT OF THE RUSSIAN FEDERATION REGARDING AMENDMENTS TO ARTICLES 314 AND 316 OF THE CRIMINAL PROCEDURE CODE OF THE RUSSIAN FEDERATION

2019 ◽  
Vol 29 (6) ◽  
pp. 877-884
Author(s):  
N.O. Mashinnikova
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Criminal Procedure ◽  
Absolute Number ◽  
Criminal Proceedings ◽  
State Process ◽  
Procedure Code ◽  
The Supreme Court ◽  
The Russian Federation ◽  
Simplified Procedures

In this article the author considers the simplified procedures of judicial proceedings from the point of view of their compliance with the basic principles of criminal proceedings, enshrined in the Code of Criminal Procedure of the Russian Federation. The article concludes that the race for the economic efficiency of any state process affected the proceedings as well. This was the reason that justice, as a service, was reborn in the state service of justice, which in turn led to a decrease in its quality, which according to the author is expressed not so much in the absence of "cancellations" as in its non-compliance with the principles and purpose enshrined in the criminal procedure code. The author welcomes the initiative of the Plenum of the Supreme Court about the need to adopt measures to decrease the absolute number of criminal cases dealt with in simplified procedures, however, did not agree with the solution proposed by the Supreme Court of the Russian Federation. In author’s opinion, the amendments proposed by the Supreme Court of the Russian Federation violate the rights of the accused to defense and contradict Article 55 of the Constitution of the Russian Federation. The author presents her own proposal to change the code of criminal procedure in this part with bringing the necessary justification to that.

scholarly journals Possibilities for the Use of Information Obtained by Using Information and Technical Means and Means of Operative-Search Activities in Other Criminal Matters

2018 ◽  
Vol 6 (1) ◽  
pp. 87-93
Author(s):  
Zuzana Kurucová
Keyword(s):  
Supreme Court ◽  
Slovak Republic ◽  
Criminal Case ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Application Problem ◽  
The Supreme Court ◽  
The Media ◽  
Criminal Matters ◽  
Open Question

Abstract Information that were obtained legally using information and technical means and means of operative-search activities have the nature of evidence in criminal proceedings. The nature of evidence is granted directly to this information, not to the media where they are recorded. In the case of legal use, this information has the nature of evidence in the criminal case, but the provisions of Criminal Procedure Code in the Slovak Republic contribute significantly to the detection and proving of serious criminal offences, because such information can be indirectly used also in other criminal case. Problematic is the fact that the Supreme Court of the Slovak Republic adopted differing positions precisely on these options of the use of evidence in other criminal case, this dispute was also joined by the Prosecutor's office and this application problem has not been resolved even by the unifying opinion at the level of the Supreme Court of the Slovak Republic. There is therefore still an open question from the point of argumentation and application, what evidence can be used also in other criminal cases or under what conditions.

Resolution No. 48 of the Plenum of the Supreme Court of the Russian Federation of November 26, 2019, “On the Practice of the Courts’ Application of Legislation on Liability for Tax Crimes”: An Analysis of the Main Novels

2021 ◽  
pp. 18-24
Author(s):  
Igor O. Tkachev ◽  
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Tax Evasion ◽  
Critical Analysis ◽  
Criminal Liability ◽  
Criminal Code ◽  
Current Version ◽  
Criminal Cases ◽  
The Supreme Court ◽  
The Russian Federation

The article provides a critical analysis of a number of provisions of the Resolution No. 48 of the Plenum of the Supreme Court of the Russian Federation of November 26, 2019, “On the practice of the courts’ application of legislation on liability for tax crimes”. The author notes that the current version of the decree allows considering tax evasion as a formal crime. Thus, the Supreme Court of the Russian Federation laid down the preconditions for classifying tax evasion as a continuing crime, which would significantly reduce the number of criminal cases terminated due to the expiration of the statute of limitations for criminal liability. The author also draws attention to the refusal of the Supreme Court to define the category “concealment of funds or other property” for the purposes of applying Art. 199.2 of the Criminal Code of the Russian Federation. It is noted that such a refusal may lead to a broader interpretation by the courts of this criminal law norm.

Evidencial Significance Evaluation of the Preinvestigation Check Materials by the Court

2020 ◽  
Vol 7 ◽  
pp. 74-80
Author(s):  
M. S. Shalumov
Keyword(s):  
Comparative Analysis ◽  
Supreme Court ◽  
Russian Federation ◽  
Preliminary Investigation ◽  
Criminal Procedure ◽  
Criminal Case ◽  
The Supreme Court ◽  
The Russian Federation ◽  
Points Of View

The article provides a comparative analysis of the previously existing criminal procedural rules and norms of the Code of Criminal Procedure of the Russian Federation, which regulate the procedure for conducting pre-investigation checks, the possibility of conducting investigative and other procedural actions during such checks, their list and content, the grounds and procedure for the court to recognize the results of these actions as evidence for criminal the case, the points of view of various scholars are given, including the author himself, as well as the legal positions of the Plenum of the Supreme Court of the Russian Federation regarding the procedural statue of the explanations and other materials obtained during the preliminary investigation related to the assessment of the evidentiary value of the materials collected by the investigator, the preliminary investigator before the initiation of the criminal case, and presented as evidence in the course of the trial, the conditions are revealed under which these materials can be recognized as evidence in a criminal case.

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