scholarly journals History of Establishment and Development of the Witness Institute in the Criminal Process

2021 ◽  
Vol 7 (7) ◽  
pp. 1001-1009
Author(s):  
Alexander Chepel ◽  
Keyword(s):  
Public Administration ◽  
Criminal Procedure ◽  
Political Systems ◽  
Witness Testimony ◽  
Criminal Process ◽  
Legal Nature ◽  
History Of ◽  
Systems Requirements ◽  
Historical Periods

The article is devoted to studying the history of the origin and development of such an institute of criminal procedure as the witness institute. The regularities of the formation of the institute of witness, depending on the time and political systems requirements, are identified and analyzed. The legal nature of witness testimony has been studied. The evolution of legal terms related to the institute of witness is analyzed. Based on the development of legal acts and the level of public administration, specific historical periods related to the emergence and formation of the witness institute are distinguished.

scholarly journals Establishment and Development of the Adversarial Principle in the Criminal Process

2021 ◽  
Vol 7 (7) ◽  
pp. 1010-1016
Author(s):  
Oksana Striletska ◽  
Keyword(s):  
Public Administration ◽  
Legal Regulations ◽  
Equal Opportunities ◽  
Chronological Order ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
History Of ◽  
Historical Periods

The article is devoted to studying the history of the origin and development of adversarial principles in criminal proceedings. The evolution of the adversarial principle in the criminal process is studied in chronological order, in historical retrospective. Based on the development of legal regulations and the level of public administration, specific historical periods related to the development of the adversarial principle in criminal proceedings are distinguished. A retrospective suggests that adversarial proceedings should be taken as the basis for the organization of the entire criminal process. Only in this case, it is possible to clearly separate the functions of prosecution, defence, and resolution of criminal proceedings at all its stages and give the parties equal opportunities to provide evidence and defend their positions.

scholarly journals The Epistemology of the Search for Truth in Witness Testimony

nauka.me ◽  
2017 ◽  
pp. 0
Author(s):  
Vladimir Bukhalov
Keyword(s):  
Criminal Procedure ◽  
Legal Culture ◽  
Eyewitness Testimony ◽  
Witness Testimony ◽  
Criminal Process ◽  
History Of ◽  
Judicial Errors

The article highlights the evolution of testimonial evidence, as the legal culture. The history of the search for legal truth is aggravated by the unjust sentences and judicial errors. In the modern criminal process the dilemma of the reliability of eyewitness testimony remains relevant. The author's purpose is to identify gaps and to determine the ways to improve domestic criminal procedure legislation.

DEFENDANT – (UN)NECESSARY PARTICIPANT TO JUDICIAL PROCEEDINGS? CONSIDERATIONS IN THE CONTEXT OF ART. 117 § 3A AND ART. 378A OF THE CODE OF CRIMINAL PROCEDURE (PART I)

2021 ◽  
Vol 2 (XXI) ◽  
pp. 167-177
Author(s):  
Jan Kil
Keyword(s):  
Criminal Procedure ◽  
Legal Regime ◽  
Criminal Process ◽  
Academic Literature ◽  
Depth Analysis ◽  
History Of ◽  
Judicial Proceedings

The article is devoted to the defendant’s right to participate in the trial in the light of the reforms introduced to the Code of Criminal Procedure by the Act of 19 July 2019 amending the Act – Code of Criminal Procedure and certain other acts (Dz.U. 2019, item 1694). The first part of the article depicts the evolution of the legal regime governing the defendant’s presence at the trial throughout the history of the Polish criminal process, and discusses the essence of the defendant’s right to participate in the trial. An in-depth analysis was devoted to the provision of Art. 117 § of the Code of Criminal Procedure, introduced in the Code by the amendment of 2019. In this regard, dogmatic analysis was carried out of the discussed provision, its ratio legis was presented, and procedural consequences of the introduced regime were discussed. The study discusses as well the doubts formulated in academic literature in relation to Art. 117 § 3a of the Code, and proposes a method of interpreting the analysed provision.

scholarly journals The legal regulation of the preliminary investigation bоdies activities according to UPK Uzbek SSR 1929

2021 ◽  
pp. 226-237
Author(s):  
A. A. Muhitdinov
Keyword(s):  
Public Relations ◽  
Preliminary Investigation ◽  
Criminal Procedure ◽  
Legal Regulation ◽  
Criminal Process ◽  
Legal Norms ◽  
Procedural Law ◽  
Stage Of Development ◽  
Procedure Code ◽  
History Of

At the present stage of development of the criminal procedural legislation of the Republic of Uzbekistan, many legal institutions that have a long history of doctrinal development have received normative consolidation. Among them is the institution of participants leading the criminal process at the stage of pre-trial investigation. In the history of Uzbekistan, the activities of these subjects of the criminal process were regulated by numerous normative legal acts, including codified ones. The first Criminal Procedure Code of the Uzbek SSR was adopted in 1926. Soon the Uzbek SSR Criminal Procedure Code of 1929 entered into force. In comparative legal terms, the latter was significantly inferior to the previous one in terms of the degree of detail in the regulation of criminal procedural relations with the participation of pre-trial investigation bodies. Analysis of the content of the legal norms of the Criminal Procedure Code of 1929, regulating the activities of these bodies, allows us to identify features that, from the standpoint of the modern vision of the optimal model of the Criminal Procedure Code of Uzbekistan, are assessed as shortcomings in the legal regulation of the relevant public relations. As such, we can name the following: the CPC does not contain norms defining the sources of criminal procedural law; the code does not provide for a separate chapter devoted exclusively to investigative actions, a detailed description of their procedural form; there is no clear delineation of the competence of the bodies of inquiry and the investigator; the investigator is by law entrusted with supervisory functions that are not characteristic of him in relation to the bodies of inquiry; the Criminal Procedure Code does not include a norm prohibiting persons conducting a preliminary investigation from obtaining evidence by violence, threats, etc.; The Criminal Procedure Code determined the existence of sufficient data, and not evidence, as the basis for the accusation. After being charged, the person acquired the status of a defendant, not an accused; the application of preventive measures, including detention, was carried out by the investigator independently, without the sanction of the prosecutor, which testified to the absence of guarantees of the observance of the right to personal inviolability.

scholarly journals Problems of realization of the principles of equality and competitiveness in the criminal process: possibility of their solution by implementation of the private detective institute in Ukraine

2021 ◽  
Vol 11/2 (-) ◽  
pp. 5-11
Author(s):  
Anastasiia HLOBA
Keyword(s):  
Human Rights ◽  
Criminal Procedure ◽  
Current Version ◽  
Criminal Proceedings ◽  
Public Authorities ◽  
Criminal Process ◽  
Legal Nature ◽  
Private Detective ◽  
Criminal Procedure Law ◽  
Implementation Problems

Introduction. The work considers the problem of implementation of private detective institute in the context of realization of the principles of equality and competitiveness in the criminal process. At present the relevancy of this institute is proved by numerous attempts of the Verkhovna Rada of Ukraine to adopt a relevant law. As scientists note, the current version of Draft Law contains a large number of shortcomings. At the same time, in Ukraine the problem of compliance of the provisions of the Code of the Criminal Process with the principles of equality and competitiveness in criminal proceedings remains controversial. Scientists have repeatedly studied this issue and suggested ways to solve them, but the corresponding changes have not yet been implemented. Such a solution is necessary to ensure respect for human rights, so it is important to consider the possibility of solving problems related to the implementation of the principles of equality and competitiveness through the introduction of the institution of private detective in Ukraine. The purpose of the paper is to examine the legal nature of the principles of equality and competitiveness in criminal proceedings, their interrelation, implementation problems, as well as the possibility of solving problems of implementation of these principles by introducing the institution of private detective in Ukraine. Results. Authors made an analysis of legislation, doctrine and international practice. It proved the importance of implementation of the institute of private detective. However, current Draft Law are not perfect and complete and cannot provide the improvement of realization of principles of equality and competitiveness in criminal proceedings. Conclusion. The position of Ukrainian criminal procedure law on compliance with principles of equality and competitiveness is not complete, as the defense has fewer opportunities to gather evidence than the prosecution represented by public authorities. To improve the situation with the principles of equality and competition, it is recommended to consider the introduction of the private detective institute in Ukraine. To do this, it is necessary to provide proper legislation in order for this institution to improve the situation in compliance with these principles.

scholarly journals THE INVESTIGATOR’S INDEPENDENCE: CHALLENGING ASPECTS OF THE DETERMINATION OF THE LEGAL ESSENCE AND FUNCTIONAL PURPOSE

2020 ◽  
Vol 11 ◽  
pp. 19-23
Author(s):  
Denis P. Popov ◽  
Keyword(s):  
Legal Status ◽  
Criminal Procedure ◽  
Point Of View ◽  
Criminal Process ◽  
Professional Activities ◽  
Legal Nature ◽  
The Law ◽  
Functional Purpose

The article examines topical issues relevant to the domestic criminal process related to the determination of the legal nature and functional purpose of the category ≪procedural independence of the investigator≫. Based on the analysis of the theory, criminal procedural legislation and the practice of its application, the author concludes that from the point of view of the legal nature, the independence of the investigator should be considered as a ≪criminal procedure tool≫ provided to him by the law, functionally designed for professional activities. The concept of the category in question is proposed, as well as measures aimed at improving the legislation determining the legal status of the investigator and regulating his procedural independence.

scholarly journals Genesis of Development of Responsibility for Corruption Crimes (part 2)

2021 ◽  
Vol 7 (6) ◽  
pp. 1024-1032
Author(s):  
Olena Kuzmenko ◽  
◽  
Artem Shakhvorost ◽  
Keyword(s):  
Public Administration ◽  
History Of ◽  
Historical Periods

The article studies the history of the development of responsibility for corruption crimes on the territory of Ukraine during the USSR period of existence and after its collapse. Corruption crimes and the degree of responsibility for them are analyzed. Based on the development of regulations and public administration, global historical periods related to liability for corruption crimes are distinguished.

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".

Personal and Eponymous Nicknames in Historical Retrospective

2020 ◽  
Vol 81 (2) ◽  
pp. 83-87
Author(s):  
Yu. V. Shcherbinina
Keyword(s):  
Secondary School ◽  
Daily Life ◽  
School Teaching ◽  
History Of ◽  
Methodological Practice ◽  
Historical Periods

The article is devoted to the genesis of personal and eponymous nicknames as a vivid phenomenon in the history of language and speech, which has irrefutable potential for developing methods of teaching and educating schoolchildren. The main varieties of nicknames, the conditions for their formation and the specifics of daily life in different historical periods are considered. The interconnections of nicknames with similar and related phenomena of Russian and European speech cultures are analyzed. The feasibility of analysing nicknames in the methodological practice of secondary school is postulated. Possible ways of the implementation of intrasubject and intersubject communications in the school teaching of humanities are offered on the basis of familiarizing students with the history of eponymous and personal nicknames.

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