scholarly journals Forensic medical aspects of the problematic issues of legal nature arising in the work of the department of forensic medical examination of corpses

2016 ◽  
pp. 69-74
Author(s):  
Vasyl Grigoriychuk
Keyword(s):  
Medical Service ◽  
Death Certificate ◽  
Criminal Procedure ◽  
Medical Examination ◽  
Legal Documents ◽  
Forensic Examination ◽  
Legal Nature ◽  
Legal Document ◽  
The Law ◽  
Medical Examiners

This survey article presents a review and analysis of the most pressing problematic issues of legal nature arising in the work of the department of forensic examination of corpses of medical examiner’s offices of Ukraine with reference to relevant legal documents, orders and regulations. In our opinion such topical issues causing debates are: contents of article 238 (part 4) of the Criminal Procedure Code of Ukraine, regarding the issue of when the corpse can be handed over for burying - only after performing (that is, completion) of forensic medical examination and establishment of the cause of death with drawing up the “Medical examiner’s conclusion”, or after the autopsy of the body, to whom exactly the corpse has to be handed over; to whom medical certificate of death has to be issued, taking into consideration provisions of item 2 of the “Regulations for filling out and issuance of medical death certificate”, who is to establish relatives of the deceased in compliance with the effective laws and how to understand the definition “a person who is undertaking to bury the deceased”; how to deal with the letters and inquiries pertaining to the disclosure of data obtained in the result of forensic medical examination sent to the bureau’s address by the “not judicial-investigative authorities”, presence or absence of legal documents, regulating actions of the medical examiner connected with the procedure of performance (or non-performance) of forensic medical examination of corpses of the nationals of foreign countries. At the same time conclusions have been made from this article pertaining to the vision of the ways for resolving the presented problematic issues in order to make easier, improve and optimize functioning of the department of forensic examination of corpses. The main legal document the most often referred to in the work of the department of forensic examination of corpses is the Code of Criminal Procedure of Ukraine (with amendments made in accordance with the Law #5076-VI of 05.07.2012) that brought in new requirements and innovations in the work of forensic medical service of Ukraine. It should be noted, that in this legal document we have found 19 articles that deal directly or indirectly with the work of doctors medical examiners. Aside from this document we must also take into consideration the following effective legislative acts: “Regulations for filling out and issuance of medical death certificate (Form #106/o)”, approved on the order of the Ministry of Public Health of Ukraine #545 of 08.08.2006; “The procedure of carrying out investigation and registration of casualties, occupational diseases and industrial accidents”, approved by the Decree of the Cabinet of Ministers of Ukraine #1232 of 30.11.2011; the Law of Ukraine “On advocacy and legal practice”, the Law of Ukraine “On burial and undertakers’ business”. Conclusions: to improve the quality of work of the department of forensic medical examination of corpses in particular and forensic medical service in general, to avoid and bring down to the minimum the problems of legal nature arising in practical work of doctors-medical examiners it is necessary, in our opinion, to resolve the following problematic issues: To provide explanation of contents of article 238 (part 4) of the Code of Criminal Procedure of Ukraine in the part stating, that “the corpse can be handed over … only after performing forensic medical examination and establishing the cause of death”. Solicit competent authorities to make additions or amendments to article 238 of the Code of Criminal Procedure of Ukraine binding indication of the name of person to whom the corpse can be handed over from the morgue for To resolve the problem of responding to the inquiries from various enterprises, establishments and organizations requesting to provide results of the performed forensic medical examination of corpses, copies of the conclusions of expert examination taking into consideration provisions of article 69 (part 5) and article 222 (parts 1, 2) of the Code of Criminal Procedure of Ukraine. Resolve the problem of legal aspects of performing forensic medical examination of corpses of foreign

scholarly journals ON THE ESSENCE AND LEGAL NATURE OF THE FORENSIC EXAMINATION IN CRIMINAL PROCEEDINGS

2021 ◽  
pp. 5-16
Author(s):  
V. Tishchenko ◽  
L. Belik ◽  
O. Samoilenko ◽  
Yu. Tishchenko
Keyword(s):  
Criminal Procedure ◽  
Criminal Proceedings ◽  
Procedural Law ◽  
Procedure Code ◽  
Legal Science ◽  
Forensic Examination ◽  
Legal Nature ◽  
Forensic Expert ◽  
The Law ◽  
Definition Of

The article is devoted to the study of aspects of the essence and legal nature of forensic examination in criminal proceedings. It is analyzed the provisions of the Law of Ukraine “On Forensic Examination”. The norms of the Criminal Procedure Code concerning the grounds for the appointment and conduct of forensic examination have been investigated. It has been established that many scientists in the field of civil procedural law, criminal procedural law, criminology and forensic examination paid attention to the legal content of the forensic examination. The nature of occurrence of forensic examination has been investigated. It has been established that at the legislative level, the term “forensic expert activity” is used only in the Law of Ukraine “On Forensic Examination”. In the specified normative legal act there is no clear definition of this concept, scientists through the analysis of some norms of law reveal its content. Regarding the definition of the concept of forensic examination, it has been established that there is no consensus in legal science. Regarding the definition of the concept of forensic examination, it has been established that there is no consensus in legal science. The article analyzes the criminal procedure form of appointing a forensic examination. Key words: forensic examination, criminal proceedings, forensic expert activity, forensic expertology, criminal procedural form.

scholarly journals PROBLEM ASPECTS OF FORENSIC EXAMINATION ON STATE SECRETS’ ISSUIS IN CRIMINAL PROCEEDING

2019 ◽  
pp. 88-101
Author(s):  
Ye. Tyshchenko
Keyword(s):  
Foreign Relations ◽  
Criminal Procedure ◽  
Criminal Proceedings ◽  
Security Service ◽  
Forensic Examination ◽  
State Secret ◽  
The Law ◽  
State Registration ◽  
Article 5 ◽  
State Secrets

Article 518 of the Code of Criminal Procedure of Ukraine for the first time regulated the production of forensic examination regarding the legality of attributing information in the field of defense, economics, science and technology, foreign relations, state security and law enforcement to state secrets, changing the secrecy of this information and its declassification damage caused to the national security of Ukraine in the event of the disclosure of classified information or the loss of material carriers of such information. This definition is cumbersome, that is why it is advisable to call the expertise at issue broader in content and more laconic in form – “in matters of state secrets”. The appointment, support and conduct of forensic examinations on this issue is accompanied by lengthy and still not completed scientific discussions and related practical problems, which include subjects which are able to conduct examinations on state secrets, and the methodology for conducting them. Thus, the disposition of Part 1 of Art. 518 Code of Criminal Procedure of Ukraine regarding the subject of the examination on state secrets do not correspond to the content of other applicable laws and regulations. Also, no certified and registered by the established procedure methodology for conducting forensic examination on state secrets’ issues has been established. In order to comply with the rule of law and legality as basic criminal proceedings according to Art. Art. 7, 8, 9, 22 Code of Criminal Procedure of Ukraine: – it requires forming by authorized order the type of forensics as a state secret forensic and a type of relevant expert specialty; – it is advisable to expand the circle of subjects of expertise on state secrets’ issues at the expense of other specialists who are knowledgeable in matters of state secrets. They can be members of expert commissions under state secrecy experts, if at the same time complying with the set of normatively defined requirements for judicial experts who are not employees of state specialized agencies conducting forensic examinations. These requirements must also be met by state secrecy experts. In the future, a crucial step could be to consider the assignment of the functions of judicial experts on state secrets’ issues to the Security Service of Ukraine staff, which is entrusted with Article 2 of the Law of Ukraine “On the Security Service of Ukraine” to ensure the protection of state secrets and which is a specially authorized state body in the field of ensuring the protection of state secrets in accordance with Part 5 of Article 5 of the Law Of Ukraine “On State Secrets”; – authorized state bodies are obliged to solve the problem of developing, certifying and state registration of a methodology for conducting a forensic examination on state secret issues. Key words: state secret, forensic examination.

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 Concerning the issue regarding legal nature of electronic (digital) evidence

2020 ◽  
pp. 74-81
Author(s):  
M. I. Voronin
Keyword(s):  
Proof Theory ◽  
Information Sources ◽  
Digital Technologies ◽  
Criminal Procedure ◽  
Digital Evidence ◽  
New Information ◽  
Legal Nature ◽  
The Law ◽  
Law Of Evidence

Current developments in the area of digital technologies and, as a consequence, the emergence of new information sources cause the necessity of implementation of special provisions regarding electronic (digital) evidence in the law of criminal procedure. Nevertheless, before amending law of evidence regulations, the legal nature of such proof shall be defined. It is also necessary to comprehend how this new evidential source correlates with basic grounds of proof theory, other provisions of criminal procedure and on the whole — other branches of law.

scholarly journals The ratio of pre-investigation verification and deprivation of immunity from criminal prosecution

2021 ◽  
Vol 2021 (3) ◽  
pp. 131-141
Author(s):  
Vladimir Stel'mah
Keyword(s):  
Competent Authority ◽  
Criminal Procedure ◽  
Criminal Prosecution ◽  
Criminal Proceedings ◽  
Public Authorities ◽  
Scientific Methods ◽  
Legal Nature ◽  
Analysis And Synthesis ◽  
The Law ◽  
The Moment

Relevance of the research topic. The Constitution of the Russian Federation establishes the equality of all subjects before the law and the court. However, the law establishes categories of citizens with immunity (immunity from criminal prosecution). Immunity was not a personal privilege and could be waived by the decision of a competent public authority. The moment of deprivation of immunity falls at the stage of initiation of criminal proceedings. The problem arises of the ratio of procedures for deprivation of immunity and pre-investigation verification, since the relevant actions are not simply regulated by different laws, but have a different legal nature. Setting of a problem. In criminal proceedings the procedure for depriving a person of immunity must be followed in order to bring to justice a person who has immunity from criminal prosecution. In the science of criminal procedure no distinction was made between pre-investigation verification and deprivation of integrity in full. It is not clear whether the state authorities that decided on the deprivation of immunity were involved in criminal proceedings, what issues should be clarified within the framework of the deprivation of immunity and the extent of the rights of the person in respect of whom the question was raised. Research objectives and methods. The purpose of the study is to determine the ratio of procedures for deprivation of immunity from criminal prosecution and pre-investigation verification. The objectives of the study are to investigate the legal nature of the deprivation of immunity from criminal prosecution; distinguish between this procedure and pre-investigation verification; review the criminal procedure situation of the authorities involved in the deprivation of immunity; summarize the rights of the person in respect of whom the issue of deprivation of liberty is being addressed. The methodological basis of the study was the dialectical-materialistic method, as well as the general scientific methods of scientific knowledge: analysis and synthesis, induction and deduction, formal-logical, systemic. Results and key conclisions. Deprivation of immunity is a complex intersectoral procedure, which has a constitutional, criminal procedure and administrative-legal nature at the same time. The question of deprivation of immunity is resolved by the competent public authorities (often the highest public authorities), which are not ordinary participants in criminal proceedings, but resolve certain criminal procedural issues. The person in respect of whom the question of deprivation of immunity is decided should be granted rights similar to those granted to protect against criminal prosecution: to bring his position to the competent authority; qualified legal aid; to appeal against the decision. In the course of deprivation of immunity, the principle of presumption of innocence, which has a specific refraction, applies. The terms of the deprivation of immunity procedure exist separately from the terms of the pre-investigation check. In the future the ratio of initiation of criminal proceedings and deprivation of integrity should be changed. A decision must first be taken to initiate a case and then a procedure must be followed to remove immunity from criminal prosecution.

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".

The Mechanism Of Implementation Of The Constitution Of The Russian Federation

2019 ◽  
pp. 36-51
Author(s):  
Anatolii Yugov ◽  
Sergey Belykh
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Cultural Development ◽  
Russian Society ◽  
Legal Nature ◽  
Legal Document ◽  
The Russian Federation ◽  
Favorable Conditions ◽  
Scientific Ideas ◽  
Rational Mechanism

The Constitution, as the main universal and comprehensive legal document, establishes fundamental principles and defines the legal basis for development of public and state life in all politically significant spheres, serves as a guarantor of legitimacy and order, gives a boost to the development of society. The special political and legal nature of the constitution, the issues of its operation and the mechanism of its implementation are of great importance. In accordance to the authors’ approach, the mechanism of implementation of the Constitution of the Russian Federation includes the following components: 1) entry of the constitution into legal force; 2) its functions; 3) constitutional algorithm of unity and differentiation of public authority; 4) forms of implementation; 5) ways of implementation; 6) subjects of implementation; 7) objects of implementation; 8) institutions for modernization; 9) guarantees of implementation. The authors conclude that the modern scientific ideas of a rational mechanism of implementation of the Constitution of the Russian Federation contribute to solving the issues of economic and cultural development of the Russian society, help creating favorable conditions for proper law enforcement, strengthening legitimacy and order.

The Law of Pre-Trial Criminal Procedure in Namibia

2014 ◽  
Author(s):  
Clever Mapaure ◽  
Ndjodi M. L. Ndeunyema ◽  
Pilisano H. Masake ◽  
Festus Weyulu ◽  
Loide A. Shaparara
Keyword(s):  
Criminal Procedure ◽  
The Law

scholarly journals The Danger for an Underestimation of Necessary Precautions for the Admissibility of Admissions in Section 219A of the South African Criminal Procedure Act 51 of 1977

2019 ◽  
Vol 31 (1) ◽  
pp. 81-120
Author(s):  
’Mampolokeng ’Mathuso Mary-Elizabet Monyakane
Keyword(s):  
South African ◽  
Criminal Procedure ◽  
Prima Facie ◽  
The South ◽  
Simple View ◽  
The Law ◽  
Criminal Matters ◽  
Law Of Evidence

AbstractThe Prima facie view regarding the admissibility of admissions, as evidence, in criminal matters is that, to admit admissions as evidence, the court requires a single consideration as to whether the admission was made freely and voluntarily. Without too much ado, the simple view to this understanding presupposes that admission of an admission as evidence against its maker is of a lesser danger compared to the admission of a confession. The admissibility of confessions against their makers does not come as easily as that of admissions. There are many prescribed requirements to satisfy before confessions are admitted as evidence. This comparison has led to a questionable conclusion that requirements for the admissibility of admissions are of a less complexity equated to the requirements for the admission of confessions. This paper answers the question whether an inference that the requirements for the admissibility of admissions are of a less complexity compared to the requirements for the admission of confessions is rational? It equates this approach to the now done away with commonwealth states rigid differentiation perspective. In the 1800s the commonwealth states, especially those vowing on the Wigmorian perspective on the law of evidence, developed from a rigid interpretation of confessions and admissions and adopted a relaxed and wide definitions of the word, “confession.” To this extent there was a relaxed divide between confessions and admissions hence their common classification and application of similar cautionary rules. The article recounts admissibility requirement in section 219A of the South African Criminal Procedure Act 51 of 1977 (CPA) (Hereinafter CPA). It then analyses Section 219A of the CPA requirement in the light of the rationale encompassing precautions for the admission of confessions in terms of 217(1) of the CPA. It exposes the similarities of potential prejudices where confessions and admissions are admitted as evidence. It reckons that by the adherence to this rigid differentiation perspectives of confessions and admissions which used to be the practice in the commonwealth prior the 1800s developments, South African law of evidence remains prejudicial to accused persons. To do away with these prejudices this article, recommends that section 219A be amended to include additional admissibility requirements in section 217(1). In effect it recommends the merging of sections 217(1) and 219A of the CPA.

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