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 On legal succession in reconciliation of criminal cases of private prosecution

2021 ◽  
pp. 33-42
Author(s):  
Aminat Alkhazovna Batchaeva
Keyword(s):  
General Rule ◽  
Criminal Procedure ◽  
Criminal Prosecution ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Effective Implementation ◽  
The Subject ◽  
State Coercion ◽  
The Russian Federation ◽  
The Right

The subject of this research is the criminal prosecution of cases established by the Part 2 of the Article 20 of the Criminal Procedure Code of the Russian Federation, which is carried out in private capacity and significantly modifies the rights and responsibilities of the parties to criminal proceedings. Pursuant to the general rule, the state authorities and officials do not carry out private prosecution cases. In view of this, close attention is given the procedural activity of private prosecutor, who is vested the right in application of measures of state coercion, but entrusted with responsibility on formulating, proving, and pressing charges in court. Retrospective analysis of the Russian criminal procedure legislation reveals that modern legislation has no legal succession of the centuries-long experience of classifying a range of offences as cases of private prosecution. The author believes that the list of cases of private prosecution can be extended by taking into account the provisions of the Criminal Law and Practice Statute 1864, Regulations of Punishments Imposed by Justices of the Peace, which enables reconciliation of the parties and entails unconditional termination of proceedings in certain categories of minor offences. This would ensure the effective implementation of criminal proceedings, restoration of social and legal justice, and accessibility of justice to general public.

scholarly journals Odgovornost za štetu i naknada štete počinjene ratnim zločinom

2018 ◽  
Vol 39 (1) ◽  
pp. 601-628
Author(s):  
Jadranko Jug
Keyword(s):  
International Law ◽  
Armed Conflict ◽  
War Crimes ◽  
Case Law ◽  
Armed Conflicts ◽  
Criminal Prosecution ◽  
Criminal Proceedings ◽  
The Subject ◽  
The Republic ◽  
Responsible Person

<span>War crimes are the most serious criminal offences, which in terms of their characteristics are related to violations of the rules of international law during a war, armed conflict and occupation. One of the consequences of the commission of war crimes is material and non-material harm, caused as a rule to a large number of people. Therefore liability for damages and reparation of the harm caused to the victims of war crimes is equally as important as the criminal prosecution of the perpetrators themselves. In the territory of the Republic of Croatia and neighbouring Bosnia and Herzegovina, wars and armed conflicts were waged in recent history, and war crimes were committed. Still today criminal proceedings and proceedings for payment of damages and reparation for the harm that was caused are being conducted against the perpetrators and the responsible persons. Regarding liability for damages for the war crimes committed, the state will very often appear alongside the wrongdoer as the responsible person, and as a result the question will arise of the expiration of the statute of limitations for reparation towards a state. It is also important to differentiate war damage and acts of terrorism from a possible war crime and, regarding payment of damages to victims of war crimes, it is necessary to conduct rapid and efficient compensation proceedings. The subject of this paper is an analysis of the legislation and case law related to liability for damages and the harm caused by war crimes. The paper first explains the terminology and the differences between a war crime, war damage and an act of terrorism, and then liability is discussed for the harm caused by war crimes and reparation of that harm.</span>

scholarly journals ON THE APPOINTMENT OF THE MODERN RUSSIAN CRIMINAL PROCESS

2021 ◽  
Vol 31 (2) ◽  
pp. 271-276
Author(s):  
O.A. Maksimov
Keyword(s):  
Criminal Law ◽  
Criminal Procedure ◽  
The State ◽  
Criminal Prosecution ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
Legal Proceedings ◽  
The Subject ◽  
State Protection ◽  
Modern Russian

The article examines the purpose of the modern Russian criminal procedure as a way of implementing the constitutionally defined tasks of the state. With a variety of approaches to defining the subject of research, one can single out two interrelated, but also mutually exclusive ideas that underlie the understanding of the purpose of criminal proceedings - for the implementation of criminal law (combating crime, organizing criminal prosecution) or for protecting the rights and freedoms of persons involved in criminal proceedings. legal proceedings. The prevalence of one of them depends on the type of process, while they cannot exist on equal terms due to the opposite methods of implementation in a particular criminal proceeding. With the priority of one of the ideas, the entire criminal process is built according to the type of designated purpose, and the second idea is one of the means of achieving it. The purpose of the criminal procedure follows from the main tasks of the state. It is concluded that in connection with the clearly established in the Constitution the basic values subject to state protection, the only purpose of the modern Russian criminal procedure is to protect human rights and freedoms, regardless of his procedural status in criminal proceedings.

Features of Proof in Criminal Cases Against Minors

2021 ◽  
pp. 104-111
Author(s):  
N. Yu. Borzunova ◽  
K. L. Maksimova ◽  
O. S. Matorina
Keyword(s):  
Life Experience ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Specific Nature ◽  
Legal Proceedings

The article deals with the specific features of the procedure of legal proceedings in cases involving minors. Thus, one of the grounds for differentiating criminal proceedings according to this criterion of cases is the underage age of persons who have committed a socially dangerous act. This is primarily due to the age characteristics of these individuals, who are characterized by great impressionability, lack of sufficient life experience and solid knowledge, immaturity of thinking, instability of the psyche and increased emotionality, increased suggestibility and auto-suggestion, a tendency to fantasy and imitation. Their will is not yet strong enough, and their character is not yet fully formed. In connection with the above, there is a specific nature of the circumstances to be proved in this category of criminal cases, which is analyzed in the article. The authors ‘opinions on the expanded subject of evidence in criminal cases against minors are presented. Proposals were made to improve the legislation.

Illegal migration as an encroachment on the sovereignty and security of the state

2021 ◽  
pp. 341-352
Author(s):  
Sergey D. Grinko
Keyword(s):  
International Law ◽  
Organized Crime ◽  
Drug Trafficking ◽  
Tax Evasion ◽  
Illegal Migration ◽  
Legal Norms ◽  
World Community ◽  
Large Length ◽  
The Subject ◽  
Entire World

We consider the issues of correlation between the international law of citizens of different states to travel and national legislation restricting illegal migration, which are the subject of interstate agreements. The issue of combating organized illegal migration for Russia is urgent, since the dynam-ics of this crime indicates an increase in the registration of such crimes and the identified persons who committed them. This is due to the large length of Russian borders and integration with foreign states, which entails an increase in the penetration of foreign citizens into the territory of our country. Illegal migration leads to an increase in ethnic organized crime and related smug-gling, drug trafficking, tax evasion and extortion. The fight against this criminal phenomenon is relevant for the entire world community. States seek to protect their citizens, but at the same time are obliged to comply with in-ternational legal norms on the issue under consideration. This activity of states should be carried out in accordance with the principles of respect for human rights and freedoms. We analyze international and Russian legisla-tion, damage caused by illegal migration, and propose measures to prevent crime related to illegal migration.

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 Tax Sanctions as the Institutions Conditioning Efficiency of Collecting Tax Information – Limits of Legal Regulations

2020 ◽  
Vol 29 (4) ◽  
pp. 189
Author(s):  
Paweł Majka
Keyword(s):  
International Law ◽  
Degree Of Saturation ◽  
Tax Law ◽  
Legal Regulations ◽  
Legal Norms ◽  
The Subject ◽  
The Law ◽  
Principle Of Proportionality

<p>The subject of the study is to outline the boundaries within the legislator may sanction the obligations to provide information to tax authorities using tax sanctions. The author analyzes tax sanctions as instruments guaranteeing the effectiveness of legal norms related to information obligations in the light of the protection of the taxpayer’s rights. In the author’s opinion, there is a clear outline of the possible shape of the sanction, which limits the legislator in excessive interference with the rights of taxpayers. These limits, both in national and international law, are determined primarily by the principle of proportionality, which is decisive for the degree of discomfort associated with the application of sanctions. It should be indicated that the shape limits of these sanctions, characterized in this study, guarantee, in turn, the protection of the rights of these entities. At the same time, it should be emphasized that tax sanctions are, in principle, a complementary element of the system of the guarantees of the law effectiveness and the legislator deciding on their wider use should properly balance the degree of “saturation” of tax law with sanctions taking into account its nature.</p>

Termination of Criminal Proceedings in Public Criminal Cases by Courts of First Instance Under Art. 24, Para. 1, Item 5 of the Bulgarian Code of Criminal Procedure and Its Compliance with European Union Law

De Jure ◽  
2021 ◽  
Vol 12 (2) ◽  
Author(s):  
Debora Valkova-Terzieva ◽  
Keyword(s):  
European Union ◽  
Criminal Procedure ◽  
The European Union ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
European Union Law ◽  
Member States ◽  
The Subject

The subject of this research is a specific prerequisite for the termination of criminal proceedings in public criminal cases, regulated in Article 24, Paragraph 1, Item 5 of the Bulgarian Code of Criminal Procedure. This analysis was necessitated by the fact that the European Union had introduced certain obligations for the Member States.

4. The course of the trial

Evidence ◽  
2019 ◽  
pp. 140-200
Author(s):  
Roderick Munday
Keyword(s):  
Criminal Proceedings ◽  
Criminal Cases ◽  
Trial Judge ◽  
The Core ◽  
The Subject ◽  
The Right

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter discusses the following: the right to begin; the role of the trial judge; the judge’s right to call a witness; examination-in-chief; hostile witnesses; cross-examination; re-examination; calling evidence relating to witnesses’ veracity; witness support; the Crown’s right to reopen its case; and special protections extended to various classes of witness in criminal cases. Many of the rules apply to civil and criminal proceedings alike. However, as elsewhere in this book, the accent will be on rules of criminal evidence.

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