scholarly journals GOVERNMENT-OPPOSITION RELATIONS IN UKRAINE, 2010–2013

2021 ◽  
pp. 408-434
Author(s):  
Vadym Denysenko
Keyword(s):  
System Analysis ◽  
Criminal Prosecution ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Business Elites ◽  
National Assembly ◽  
Nationalist Movement ◽  
Business Elite ◽  
General Scientific ◽  
Management Audit

Summary. The research aims at defining the key methods Yanukovych’s regime applied to fight the opposition parties and their top leaders. The research methodology is based on historicism and objectivity principles, comprises general scientific (analysis, synthesis, comparison) as well as specified historic methods (those of diachrony, synchrony, historical genesis and retrospective). The article’s scientific novelty is determined by a system analysis of the methods Yanukovych’s retinue applied against his political opponents highlighting their role in building up the fourth President of Ukraine’s authoritarian rule. Conclusions. The specificity of Ukraine’s political and legislative climate under Yanukovych’s rule has been demonstrated. The patterns of the criminal proceedings against the opposition leaders have been defined and researched. The criminal prosecution against Yuliya Tymoshenko, the Preimer and the leader of Batkivshchyna party, following her government’s management audit, serves as a case of Ukraine’s political field’s prime cleanup. The key phases of the criminal prosecution against Yurii Lutsenko, the Orange Top leader, have been defined. The political repressions of more than twenty Tymoshenko’s supporters, the article suggests, serves as a background for preparing and implementing the tax overhaul project authored by V. Yanukovych and S. Tigipko. The fundamentals of this reform, as well as its reception by Ukrainian business elite, have been analyzed in brief to provide the necessary context, i.e., to demonstrate the roles the agents affiliated with the Regions Party had taken and the methods they applied to break the so-called Tax Maidan and to subsequently persecute its organizers and participants. Specific attention has been paid to the fight Yanukovych’s regime initiated against the radical right and nationalist movement, forging the criminal cases against the members of certain nationalist organizations and movements functioning in Zaporizhzhya and Kyiv regions, i.e., "Tryzub" ("The Trident"), "Ukraine’s Patriot", "Social National Assembly". Restraining the forces opposite to the Regions Party and the regime was done through bribing or granting governmental preferences to the business elites. The secret ledgers of the Regions Party serve as an important source for identifying the officials thus corrupted by the regime. To define the corruption scales and the key bribery initiators identities, a thorough analysis of these ledgers (known as "the spreadsheets") has been provided.

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 Criminal legal basis for an expedited trial procedure provided by the chapter 40 of the Russian Criminal Procedure Code

2021 ◽  
Vol 5 (2) ◽  
pp. 192-208
Author(s):  
A. V. Boyarskaya
Keyword(s):  
Criminal Law ◽  
System Analysis ◽  
Criminal Procedure ◽  
Criminal Code ◽  
Court Ruling ◽  
Legal Basis ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Procedure Code ◽  
Court Proceedings

The subject of study is the criminal-legal basis for an expedited procedure for adopting a court ruling when the accused person agrees with the charge. These issues are relevant, since in July 2020 the substantive legal basis of the expedited procedure in Russia was changed and now this procedure can only be applied in criminal cases of small and medium gravity.The aim of this work is to study the substantive legal basis of an expedited procedure of litigation from the point of view of the changes were made to it. The author expresses the thesis that the legislators did not quite reasonably link criminal-legal grounds of the expedited procedure with the system of categories of crimes.The methodology. The author used general scientific methods (dialectical, historical, methods of formal logic, system analysis) as well as method of formal legal interpretation of Russian Criminal Code and judicial decisions of Russian courts.The main results, scope of application. The criminal and legal basis of certain criminal procedure is a package of criminal law standards, for the implementation of which a certain criminal and procedural form is intended. The parameters of the substantive basis of criminal proceedings are set with the signs that shall be indicated in the Code of Criminal Procedure and may change. It directly refers to the expedited procedure for adopting a court ruling, by Chapter 40 of the Russian Criminal Procedure Code. Initially, it was assumed that the application of this procedure is permissible in criminal cases concerning crimes the punishment for which does not exceed 5 years imprisonment in accordance with the Russian Criminal Code. The expedited court proceedings began to be applied in criminal cases concerning crimes, the punishment for which does not exceed 10 years imprisonment in accordance with the Russian Criminal Code, since 2003. The Russian Supreme Court made an attempt to reduce the application of court proceedings provided by Chapter 40 of the Russian Criminal Procedure Code in 2019. It turned out to be successful. Legislators have changed the basic criterion that determines the substantive basis for an expedited procedure for adopting a court ruling. Now the system of categories of crimes is this basis. The system of categories of crimes presented in Article 15 of the Russian Criminal Code is not stable enough and is based on a set of provisions of this Code, but the sanctions for many crimes are not scientifically and practically grounded in this Code. In addition, the classification of crimes enshrined in Article 15 of the Russian Criminal Code is based on such a criterion as the nature and degree of public danger of the crime. These categories are among the most complex in the science of criminal law.Conclusions. The use of categories of crimes as a criterion for determining the criminal legal basis of the expedited procedure for making a court decision significantly complicates the application of the expedited procedure.

scholarly journals The Role of the Prosecutor in Coordinating the Activities of the Bodies of Inquiry and Preliminary Investigation in the Implementation of Criminal Prosecution

Legal Concept ◽  
2021 ◽  
pp. 12-20
Author(s):  
Nina Manova
Keyword(s):  
Preliminary Investigation ◽  
Practical Experience ◽  
Criminal Prosecution ◽  
Criminal Proceedings ◽  
Law Enforcement Agencies ◽  
The Public ◽  
Real Model ◽  
Essential Components ◽  
General Scientific

Introduction: one of the most influential actors in the system of law enforcement agencies of any state, in any system of criminal proceedings, is the prosecutor; in this connection, the purpose of the work was to study his role in coordinating the activities of the bodies of inquiry and preliminary investigation in the implementation of criminal prosecution. Methods: the methodological framework for the work consists of the general scientific (dialectical, systemic, structural-functional, logical, etc.) and the specific scientific (formal-legal, comparative-legal, etc.) research methods. Results: the author’s position presented in the paper is based on the analysis of the legislative regulation, the knowledge accumulated in the theory of the criminal procedure and practical experience of the coordination and personal implementation of the criminal prosecution activities by the prosecutor in the pretrial stages of the criminal process. Conclusions: as a result of the study, the role of the prosecutor as the organizer and head of the criminal prosecution carried out by the inquirer and the investigator is justified; the mistakes made in reforming the procedural position of the prosecutor in pre-trial proceedings are revealed; the essential components in the real model of the prosecutor’s activity that were not taken into account by the legislator are identified: the nature of the prosecutor’s relationships with other participants in the process and his key role in the implementation of criminal prosecution (his responsibility for the legality of the pre-trial criminal prosecution, and the duty to maintain the public prosecution in court).

scholarly journals Russian Llaw and International Standards of Pre-Trial Proceedings in Criminal Cases Against Minors

2018 ◽  
Vol 12 (3) ◽  
pp. 407-416
Author(s):  
Alexander Volevodz ◽  
Alexander Grinenko ◽  
Vasily Potapov ◽  
Elena Tsvetkova
Keyword(s):  
Juvenile Delinquents ◽  
International Standards ◽  
Criminal Case ◽  
Criminal Prosecution ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
General Rules ◽  
The Law ◽  
Court Proceedings ◽  
Key Aspects

Pre-trial proceedings in criminal cases against minors are conducted according to general rules established by law. At the same time, international statutes set out special requirements aimed at the comprehensive protection of the rights and lawful interests of the above-mentioned category of people. Their comparison allowed the authors to identify a number of discrepancies and draw conclusions regarding the key aspects of improving Russian criminal procedure legislation regulating the pre-trial proceedings against minors. Pre-trial investigation against minors should only be conducted in the form of preliminary inquiry. Besides, all of its stages should provide conditions for the correction of juvenile delinquents, including the stage of pre-trial investigation. Organizations working outside the scope of criminal proceedings, including NGOs and human rights groups, should work with minors and correct their behavior irrespective of the process and results of pre-trial investigation and court proceedings. The law should include the provision for the confidentiality of information about the underage suspect and accused. In particular, the law should state that no information regarding the underage suspect or accused can be made public, even if this information will in the future result in court proceedings during a closed hearing. Before the case is referred to the court, the investigator or detective should decide if it is possible to terminate the criminal case (criminal prosecution) against the accused minor. Besides, the criminal case (criminal prosecution) can be terminated both on special grounds if coercive measures are taken against such a person, or on other grounds stated by law and applicable to adults.

The Concept of Unsolved Crime

2020 ◽  
Vol 17 (4) ◽  
pp. 81-85
Author(s):  
Alexander V. Revyagin ◽  
Alexander Y. Gudkov
Keyword(s):  
Criminal Law ◽  
System Analysis ◽  
Professional Activity ◽  
Criminal Prosecution ◽  
Systematic Analysis ◽  
Social Nature ◽  
General Scientific ◽  
Significant Patterns ◽  
Definition Of ◽  
Scientific Attention

Introduction. Problems that arise in the process of solving crimes have always been the object of scientific attention of specialists in various fields of professional activity. They are also specialists in the fields of criminal law, criminal procedure, criminology, operational investigative activities and criminology. This is not by chance, since the ways to solve this problem are multi-volume, multi-faceted and include numerous areas of scientific knowledge and practical analysis of the most pressing issues of combating crime in Russia. Unsolved crime has a number of significant patterns that, in turn, determine its criminological and social nature, as well as determine the need for its further research. Purpose. Definition of approaches to the formulation of the concept of unsolved crime. Methodology. Various General scientific and special methods of cognition were used in this study. At the same time , the key ones were the dialectical method and the method of system analysis. Results. As a result of a consistent and systematic analysis of legal categories, we developed our own definition: unsolved crime is a socially dangerous phenomenon, expressed in the aggregate of officially registered criminal acts that remained unsolved due to the failure to identify the perpetrators during the Statute of limitations for criminal prosecution, accumulating a statistical array of unsolved crimes of previous years. Conclusion. The concept of unsolved crime has scientific and practical value, since the signs and properties of this type of crime define it as an independent type of crime that determines new approaches to the study of this criminological phenomenon, as well as to improve the fight against crime.

scholarly journals Initiation of Criminal Proceedings against a Particular Person as the Ground for Recognizing him as a Suspect (para 1, part 1, art. 46 of the Criminal Procedure Code of the Russian Federation)

Lex Russica ◽  
2021 ◽  
pp. 71-78
Author(s):  
I. V. Smolkova
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Statistical Data ◽  
Criminal Procedure ◽  
Criminal Prosecution ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
The Status ◽  
Legitimate Interests ◽  
The Russian Federation

The paper is devoted to the analysis of a new ground for recognition of a person as a suspect, introduced under the Code of Criminal Procedure of the Russian Federation, namely, the initiation of a criminal case against the person. The ground under consideration has caused controversial debates among criminal process scholars. The author has carried out a retrospective analysis of the legislative regulation of this ground for giving a person the status of the suspect. The paper evaluates various doctrinal approaches to its merits and disadvantages. The author also demonstartes the need for the new ground for recognition of a person as the suspect in law enforcement on the basis of statistical data, according to which more than half of criminal cases in Russia are initiated against a particular person. The study at question reveals an interconnection between initiation of proceedings upon commission of a crime and a particular person. The conclusion is substantiated that the recognition of a person as a suspect in case of initiation of criminal proceedings against him is aimed at ensuring his right to protection from criminal prosecution. However, the issuance of the order to initiate criminal proceedings against a particular person entails the possibility of implementation of coercive criminal procedural measures against him. It is shown that suspicion forms the substantive basis of recognition of a person as the suspect. The author criticises the approach according to which the issuance of the order to initiate criminal proceedings against a particular person forms an allegation that he has committed an act prohibited under the criminal law. Under this approach the assumption is made that can later be either proven or refuted in the course of further investigation. The author criticises the practice of dividing criminal cases into a judicial perspective and lacking such a perspective, which entails violations of the rights and legitimate interests of individuals suspected in committing crimes.

scholarly journals Criminal Prosecution of Persons Who Have Committed Crimes in The Banking Sector

2021 ◽  
Vol 39 (69) ◽  
pp. 395-406
Author(s):  
Viktor Victorovich Pushkarev ◽  
Lyudmila Nikolaevna Poselskaya ◽  
Anna Vladilenovna Skachko ◽  
Anatoly Vyacheslavovich Tarasov ◽  
Leyla Sasikbekovna Mutalieva
Keyword(s):  
Russian Federation ◽  
Banking Sector ◽  
Criminal Prosecution ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
The People ◽  
Effective Manner ◽  
Law Enforcement Officials ◽  
The Russian Federation ◽  
Article 5

The objective of the article was to analyze the process of criminal prosecution of people accused of committing crimes against the banking sector in the Russian Federation. Detecting such crimes, identifying the people who committed them in and compensating for the damages caused by such acts is the most difficult task for law enforcement officials in Russia. The most important part of these activities are procedural questions about the timing of the commencement of criminal proceedings and the procedure for their implementation in pre-trial proceedings. The methodological basis of this research is formed by the processing of the results of criminal cases, the results of surveys of researchers and detectives, members of the educational and methodological group of the Ministry of Internal Affairs of the Russian Federation. The authors have proposed the drafting of article 5, paragraph 55, of the Code of Criminal Procedure of the Russian Federation and its corresponding amendments to article 11. It is concluded that these contributions will make it possible to carry out the procedural work on compensation for damages caused by a crime in a much more effective manner.

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.

Does Age Prevent Punishment? The Struggles of the German Juridical System with Alleged Nazi Criminals: Commentary on the Criminal Proceedings Against John Demjanjuk and Heinrich Boere

2010 ◽  
Vol 11 (3) ◽  
pp. 347-365 ◽  
Author(s):  
Susanne Beck
Keyword(s):  
Old Age ◽  
Criminal Prosecution ◽  
Constitutional Court ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Procedural Law ◽  
Federal Constitutional ◽  
Nazi Era ◽  
German Federal Constitutional Court ◽  
German Citizen

Modern western societies are aging—according to statistical analyses, in 2060, every seventh German citizen will be over 80 years old. The challenges of an aging society occupy jurisprudence and the legal practice. Issues specific to aging offenders and aging victims are more relevant than ever and must be analyzed. The question of old age is one of many problematic aspects of two criminal cases recently decided by the German Federal Constitutional Court. In the following, age's relevance to criminal prosecution and material criminal law will be discussed and related to an analysis of the proceedings of John Demjanjuk and Heinrich Boere, two alleged Nazi criminals, tried in their old age. Demjanjuk's case especially has raised questions well beyond the relevance of his age (89 years). The cases open up many interesting facets of German criminal procedural law and material law connected to the crimes of the Nazi era.

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