scholarly journals Whether the possibilities of interrogation as a form of shaping evidence in criminal proceedings have been exhausted?

2021 ◽  
pp. 57-62
Author(s):  
E. Lukianchykov ◽  
B. Lukianchykov
Keyword(s):  
Law Enforcement ◽  
Current Practice ◽  
Criminal Proceedings ◽  
Law Enforcement Agencies ◽  
Criminal Offense ◽  
Foreign Experience ◽  
Interrogation Techniques ◽  
Rights And Interests ◽  
Definition Of

The article analyzes the formation of the institution of interrogation as an investigative action, which is a procedural way of obtaining information from an interrogated person about the circumstances of a criminal offense. The process of legislative development is highlighted, by which the investigator’s relationship with the person being interrogated are controlled. The kind of regulation also depends on latter’s procedural status (witness, victim, suspect, accused). It is noted, that now created reliable legal safeguards to protect the rights and interests of the interrogator, appropriate scientific recommendations for the use of tactical interrogation techniques to obtain complete and objective testimony as sources of evidence have been developed. Recently, problematic issues like relation of interrogation and procedural interview, which scientists and practitioners have been paying a certain amount of attention to, were discussed. Attention is drawn to the lack of unanimity in the definition of the procedural interview. The inadmissibility of calling such an interview a procedural action is emphasized, since it is not enshrined in the current CPL of Ukraine as a procedural action. It has been proven that the structure of the procedural interview, which is proposed by certain authors, fully coincides with the structure of interrogation as an investigative action. The expediency of the study of foreign experience in detection and investigation of crimes, its comparison with the current practice of law enforcement agencies of Ukraine and, in the board of actual expediency, the introduction into the activities of investigative and operational units of law enforcement agencies is stated.

scholarly journals Practical Problems Of Implementation Of Arrests

2021 ◽  
Vol 03 (04) ◽  
pp. 194-199
Author(s):  
Ulmas Sharipov ◽  
Keyword(s):  
Law Enforcement ◽  
Preliminary Investigation ◽  
Criminal Procedure ◽  
Criminal Proceedings ◽  
Law Enforcement Agencies ◽  
The Law ◽  
Rights And Interests

The purpose of writing this article is to show that in practice the law enforcement agencies conducting pre-trial investigation and preliminary investigation do not strictly follow the detention procedure established by the Code of Criminal Procedure, although the grounds for detaining detainees are not sufficient. by deciding to detain the accused and allegedly facilitating the preliminary investigation through this "method", ie the violation of the rights and interests of the suspects and accused persons involved in the criminal proceedings as a result of the discovery of the crime and the use of suspects as a means of proving guilt being put. The main purpose of writing this article is to prevent these cases and to amend the legislation.

scholarly journals Crime detection – russian and foreign experience

2020 ◽  
Vol 6 (Extra-C) ◽  
pp. 271-275
Author(s):  
Pavel Nikolaevich Mazurenko ◽  
Ramil Rashitovich Rahmatullin ◽  
Nail Failevich Fayzrakhmanov
Keyword(s):  
Law Enforcement ◽  
Effective Means ◽  
Law Enforcement Agencies ◽  
Foreign Experience ◽  
Close Relationship ◽  
Crime Detection ◽  
The Law ◽  
Definition Of ◽  
High Level ◽  
Modern Technologies

The article discusses the issues of crime detection as one of the criteria for the effectiveness of the law enforcement agencies. Every year the number of undetected crimes remains at a consistently high level. This confirms the relevance of the problem under consideration and indicates the need for further developments in this direction. The authors managed to conclude that the full definition of the term “crime detection” is not presented in any legislative act, i.e. this scientific category has actually always been outside the legal field, which led to its arbitrary interpretation by individual scientists and practitioners. Also, the authors concluded that there is a close relationship between the concepts of "crime detection" and "countering detection", which was the basis of this article. The article was prepared considering foreign experience. In general, this approach allows using the effective means and methods in the fight against crime, as well as modern technologies in crime detection.    

STATE PROTECTION AND SECURITY OF PERSONS PARTICIPATING IN CRIMINAL PROCEEDINGS, ACCORDING TO THE LEGISLATION OF UKRAINE

2021 ◽  
Author(s):  
Ruslan Skrynkovskyy ◽  
◽  
Svitlana Hlushchenko ◽  
Mariana Khmyz ◽  
Pavlo Harasym ◽  
...  
Keyword(s):  
Law Enforcement ◽  
Security Measures ◽  
Criminal Proceedings ◽  
Council Of Europe ◽  
Law Enforcement Agencies ◽  
Member States ◽  
Criminal Offense ◽  
Legal Proceedings ◽  
The Law ◽  
State Protection

The article reveals the features of state protection and security of persons participating in criminal proceedings, according to the legislation of Ukraine. It was found that the legal foundations of state protection and security of persons involved in criminal proceedings, in Ukraine are governed by the provisions of regulatory documents, in particular, such as: a) the Law of Ukraine «On ensuring the safety of persons participating in criminal proceedings»; b) the Law of Ukraine «On State Protection of Employees of the Court and Law Enforcement Agencies»; c) Resolution of the Plenum of the Supreme Court of Ukraine «On the application of legislation, which provides for state protection of judges, employees of the court and law enforcement agencies and persons involved in legal proceedings»; d) Decision of the Council of Judges of Ukraine «On measures to ensure the safety of courts and judges, the protection of judges and persons who participate in the implementation of legal proceedings»; e) Recommendation No. R(97) 13 of the Committee of Ministers of the Council of Europe to Member States Concerning Intimidation of Witnesses and the Rights of the Defence, adopted by the Committee of Ministers on 10 September 1997 at the 600th meeting of the Ministers' Deputies; f) Recommendation Rec (2005) 9 of the Committee of Ministers of the Council of Europe to member states on the protection of witnesses and collaborators of justice, adopted by the Committee of Ministers of the Council of Europe on 20 April 2005 at the 924th meeting of the Ministers' Deputies. It has been established that the right to protection and security through the use of special measures has the persons who made a statement to the relevant law enforcement agency about a criminal offense, persons who otherwise participated in criminal proceedings, the victim (victims) or his representative (representatives) in criminal proceedings, an accused, a suspect, legal representatives and defenders, a civil plaintiff and a civil defendant, as well as their representatives in a case for compensation for damage caused as a result of a criminal offense, a representative of a legal entity in respect of which the proceedings are being carried out, employees of the probation body, witness, accuser, specialist, expert, attesting witness and translator, family members and close relatives of the above persons, in order to prevent influence on the actions and testimonies of participants in criminal proceedings. It has been determined that the authorities responsible for ensuring the safety of persons involved in legal proceedings, in particular in criminal proceedings, are the state bodies of Ukraine, which make appropriate decisions on the application of security measures, as well as directly implement security measures. It is noted that the prospects for further research in this direction are the study of the features of the witness protection program in Ukraine and its improvement, taking into account foreign experience, in particular the USA experience in this direction.

scholarly journals Juvenile justice: certain aspects of its understanding

2021 ◽  
pp. 274-278
Author(s):  
N.I. Ustrytsʹka ◽  
Z.F. Dilʹna
Keyword(s):  
Juvenile Justice ◽  
Social Protection ◽  
Child Victims ◽  
Criminal Proceedings ◽  
Public Authorities ◽  
Criminal Offense ◽  
The Law ◽  
Rights And Interests ◽  
The One ◽  
Definition Of

The article is devoted to the concept of justice for children. Doctrinal provisions on the understanding of juvenile justice in a broad and narrow aspect are considered. It has been studied that juvenile justice will make it possible to create the best environment for children, to protect their rights and interests. It has been established that juvenile justice covers children on the one hand, and an extensive system of public authorities on the other, whose functional duty is to protect and ensure the rights and interests of children. It is considered that juvenile justice covers a certain category of persons under the age of 18, namely children (minors and minors) who are at risk or in conflict with the law, as well as children in contact with the law - child victims of delinquency. , children witnesses of a criminal offense. Equally important is ensuring the rights and interests of children in need of state protection and support. It is investigated that the subject of justice for children are bodies and services whose activities are aimed at protecting and ensuring the rights of children, special institutions and institutions of social protection for children. An important role is given to the improvement of law enforcement and judicial systems in the aspect of juvenile justice. It is emphasized that the effective functioning of juvenile justice requires the interaction and coordination of its subjects. Therefore, it is necessary that the system of subjects of justice for children be clear with the definition of the competence of each of the subjects, stable, and have a coordinating center. It has been established that the system of juvenile justice subjects needs further reform. First of all, this concerns the problems of reforming the child-friendly justice system. After all, today the specialization of judges authorized to conduct criminal proceedings against minors can be considered only as additional functional powers. It is also noted that the institute of juvenile prosecutor's office is at the stage of formation and formation taking into account its functions and tasks.

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".

scholarly journals The exchange of self-incriminating information of athletes between sports organisations and law enforcement

2021 ◽  
Author(s):  
Björn Hessert
Keyword(s):  
Law Enforcement ◽  
Role Model ◽  
Social Impact ◽  
Professional Sports ◽  
Criminal Proceedings ◽  
Law Enforcement Agencies ◽  
Intelligence Gathering ◽  
As Doping ◽  
The Social ◽  
Personal Consequences

AbstractSports organisations generally have the burden of proving sports rule violations of sportspersons subject to their rules and regulations. Sports rule violations can generally be proven by any reliable means. A common approach taken by sports organisations in this respect is the implementation of so-called cooperation and reporting obligations embedded in their regulations. On this basis, athletes can be obliged to provide all kind of documentary evidence related or unrelated to the matter under investigation. This may cause problems to the privilege against self-incrimination of athletes. In addition, obtaining self-incriminating information in internal sports investigations carried out by private sports organisations can have legal and personal consequences that go well beyond the professional life of athletes. The integrity of sport has been characterised as a public interest due to the social impact of amateur and professional sports in most societies. As a consequence, negative sports-related conduct, such as doping or the manipulation of sports competitions, has been criminalised in various national laws to protect sporting values and preserve the role model function of athletes for young members of our society. This development has led to cooperation between sports organisations and law enforcement agencies, such as prosecutors and the police. Specifically, both collaborate in order to assist the other party’s investigations of sports rule violations and criminal offences, respectively. However, the exchange of intelligence between sports organisations and law enforcement may cause some legal tension. If the same misconduct of athletes leads to both internal sports investigations and criminal proceedings, athletes could be forced to provide self-incriminating information in internal sports organisations, which could then be subsequently transmitted to law enforcement. This system of intelligence gathering raises serious concerns regarding the procedural fairness thereof, keeping in mind the detrimental effects for sportspersons under investigations. A closer look is thus necessary to the legitimacy of the exchange of intelligence. Therefore, the aim of this article is to shed some light on this issue and clarify if and under what conditions internally obtained evidence can be passed on to law enforcement agencies.

scholarly journals Circumstances to Be Clarified under the Investigation of Interference into Law Enforcement Officer’s Activity

2021 ◽  
Vol 81 (2) ◽  
pp. 97-103
Author(s):  
V. O. Gusieva
Keyword(s):  
Law Enforcement ◽  
Criminal Liability ◽  
Demographic Data ◽  
Criminal Proceedings ◽  
Criminal Offense ◽  
Enforcement Officer ◽  
Criminal Offenses ◽  
Procedural Costs ◽  
Detailed List ◽  
Law Enforcement Officer

The author has substantiated the need to establish the circumstances to be clarified and has determined their significance during the investigation. It has been emphasized that the circumstances to be clarified include the circumstances to be proved in criminal proceedings, criminal and forensic characteristics of a criminal offense. In order to determine the circumstances to be clarified during the investigation of interference in the activities of a law enforcement officer, the author has studied the circumstances to be clarified within the group of criminal offenses related to obstruction of the activities of a law enforcement officer, as well as during the investigation of interference in the activities of a forensic expert. Taking into account the specified scientific provisions, the author has defined a detailed list of circumstances to be clarified during the investigation of interference in the activities of a law enforcement officer. It has been established that the circumstances to be clarified during the interference in the activities of a law enforcement officer include: 1) circumstances related to the criminal offense, namely: time, place, situation and traces of a criminal offense, methods of its commission (preparation, direct commission and concealment), tools and means used during the interference, the scope of procedural costs; circumstances that are the basis for ceasing criminal proceedings; the reasons and conditions that contributed to the commission of a criminal offense; 2) circumstances related to the identity of the victim, including: socio-demographic characteristics of the victim, place of work, position held; official and functional responsibilities, the victim’s belonging to a law enforcement agency during the commission of a criminal offense against him; the type and scope of damage caused to the victim; 3) circumstances related to the identity of the offender, namely: socio-demographic data of the offender, physiological and psychological condition, gender, citizenship, financial status, place of work, the record of criminal conviction and the facts of bringing to administrative liability; the presence of dependent disabled people; the presence of guilt in the form of direct intent, the purpose of the action; circumstances that aggravate or mitigate the punishment of the offender are grounds for releasing from criminal liability or punishment that exclude criminal liability; presence of accomplices.

scholarly journals TO THE QUESTION ABOUT THE CONCEPT «PROCEDURAL COSTS IN CRIMINAL PROCEEDINGS»

Issues of Law ◽  
2020 ◽  
Vol 20 (4) ◽  
pp. 89-93
Author(s):  
S.M. Darovskikh ◽  
◽  
Z.V Makarova ◽  
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Procedure ◽  
Constitutional Court ◽  
Criminal Proceedings ◽  
Procedure Code ◽  
Procedural Costs ◽  
The Russian Federation ◽  
Definition Of ◽  
Article 5

The article is devoted to the issues of formulating the definition of such a criminal procedural concept as «procedural costs». Emphasizing the importance both for science and for law enforcement of clarity and clarity when formulating the definition of criminal procedural concepts, the authors point out that the formulation of this concept present in the current Criminal Procedure Code of the Russian Federation is far from being improved. Having studied the opinions on this issue of the Constitutional Court of the Russian Federation, a number of procedural scholars, the authors propose their own version of the definition of the concept of «criminal procedural costs» with its allocation in a separate paragraph of Article 5 of the Criminal Procedure Code of the Russian Federation.

scholarly journals Conceptual problems of investigation and prevention of enforced disappearance of persons in the conditions of armed aggression

2021 ◽  
Vol 39 (69) ◽  
pp. 60-73
Author(s):  
Dmytro Mirkovets ◽  
Volodymyr Atamanchuk ◽  
Sergii Marko ◽  
Irina Dubivka ◽  
Antonina Matsola
Keyword(s):  
Law Enforcement ◽  
Criminal Proceedings ◽  
Law Enforcement Agencies ◽  
Criminal Offenses ◽  
General Scientific ◽  
Points Of View ◽  
Conceptual Problems ◽  
Systemic Problems ◽  
The Right ◽  
Southern Ukraine

The article highlights the results of a study of the situation with official investigations into criminal offenses related to the enforced disappearance of persons in the context of armed aggression in eastern and southern Ukraine. The example of individual criminal proceedings presents some systemic problems that arise during the investigation of the facts of disappearance and suggests possible ways to solve them. There are several «blocks» of problems that lie in the field of criminal law, criminology, and criminal procedure. The points of view of scientists and practitioners on this problem are highlighted. It is concluded that Ukraine, in today’s conditions, needs to take measures aimed at improving the legal mechanisms of observance and protection of the right of persons staying in its territory to freedom from enforced disappearance, as well as intensifying law enforcement agencies to prompt, complete and impartial investigation of such facts, their proper qualification, search for victims, identification of those responsible for their disappearance, ensuring that victims receive timely and adequate compensation. The methodological basis for writing the article was a dialectical-materialist method, as well as the set of general scientific and special methods and techniques of scientific knowledge.

scholarly journals Contemporary forms and methods of counteracting narcotization of the youth

2020 ◽  
Vol 9 (28) ◽  
pp. 377-385
Author(s):  
Anatoliy Trokhymovych Komziuk ◽  
Ruslan Semenovych Orlovskyi ◽  
Bohdan Mykhailovich Orlovskyi ◽  
Taisa Vasylivna Rodionova
Keyword(s):  
Law Enforcement ◽  
Developed Countries ◽  
Law Enforcement Agencies ◽  
Lower Efficiency ◽  
Systematic Analysis ◽  
Legal Method ◽  
The Developed Countries ◽  
Definition Of ◽  
Major Factors ◽  
Preventive Methods

The purpose of the paper is to examine the most efficient forms and methods of counteracting narcotization in society, especially of the youth, and also to characterize the most important factors of the proliferation of narcotization. The authors used the following methods in the research: dialectical, dogmatic, method of systematic analysis and comparative-legal method. The paper analyses forms and methods of counteracting narcotization of the youth in Ukraine and worldwide. It elaborates the definition of the following terms: “narcotization”, “counteracting narcotization”, “forms of counteracting narcotization” and “methods of counteracting narcotization”. It ascertains that emerging and proliferation of narcotization has a direct correlation with the complex of social factors, each one of them obtained a specific characteristic. Besides analyzing the major factors of emergence and proliferation of narcotization of the youth, the paper gives particular attention to defining forms, methods and means of counteracting this socially harmful phenomenon. The paper studies positive experience in regard to activities of law enforcement agencies of the developed countries in the sphere of counteracting narcotization, including narcotization of the youth. It emphasizes that coercive methods of reducing narcotization have much lower efficiency compared to preventive methods that are generally more humane and economically efficient. The paper formulates the conclusion about the necessity of ongoing engagement of the community in counteracting narcotization of society, especially of the youth.

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