scholarly journals Concerning Genetic, Coordination and Subordinate Relations of Procedural Responsibility

2019 ◽  
pp. 86-98
Author(s):  
Dmitriy Anatol'evich Lipinsky ◽  
Aleksandra Anatol'evna Musatkina ◽  
Elena Valerievna Chuklova
Keyword(s):  
Social Relations ◽  
Criminal Procedure ◽  
Civil Procedure ◽  
Legal Responsibility ◽  
Structural Elements ◽  
Administrative Procedure ◽  
Functional Relations ◽  
Analysis And Synthesis ◽  
The Subject ◽  
Dialectical Analysis

The object of the research is procedural responsibility relations and the subject of the research is sub-institutions and different kinds of functional relations inside and outside them. The researchers analyse sub-institutios of criminal procedure, administrative procedure and civil procedure responsibility and describes different kinds of their relations. They focus on the development of the institutions of procedural responsibility and their isolation from material branches of law. The authors describe different kinds of interaction between structural elements of procedural responsibility and disclose genetic, coordination and subordinate relations. The methodology of the research is based on historical law, formal law and dialectical analysis methods. The authors have also applied such methods as deduction and induction, analysis and synthesis. The novelty of the research is caused by the fact that the authors explain the grounds for creation of the institution of procedural responsibility and describe particular manifestations of subordinate and coordination relations. They prove the existence of close and distant genetic relations as well as direct and derivative relations that may be of both internal and external nature. The authors discover that genetic relations that demonstrate the proximity and origin of the institution of procedural responsibility are conditioned by specialization of law branches as well as sub-institutions of procedural responsibility. They prove that coordination links ensure horizontal coordination and may affect, firstly, the order of bringing to different kinds of legal responsibility and secondly, application of other kinds of legal responsibility besides procedural responsibility; thirdly, the use of terms, definitions, measures typical for different kinds of legal responsibility, and fourthly, regulation of homogenous social relations.     

scholarly journals Public danger of crime: the concept and criteria of verification

2020 ◽  
Vol 4 (4) ◽  
pp. 124-140
Author(s):  
Natalia A. Lopashenko ◽  
Arina V. Golikova ◽  
Elena V. Kobzeva ◽  
Darya A. Kovlagina ◽  
Mikhail M. Lapunin ◽  
...  
Keyword(s):  
Social Relations ◽  
Objective Assessment ◽  
Legal Protection ◽  
Criminal Code ◽  
Legal Responsibility ◽  
The Public ◽  
Legal Literature ◽  
Analysis And Synthesis ◽  
The Subject ◽  
Definition Of

The subject. The article reveals theoretical, lexical and logical approaches to determining the essence of the public danger of crime. The purpose of the article is to confirm or dispute hypothesis that the public danger of crime as a legal or theoretical construction represents the possibility of negative changes in society; public danger is an exclusive social feature of criminal acts. The authors also aim to develop a system of verifiable criteria for public danger. The methodology of the research is an objective assessment of the public danger as legal category. It is performed selecting a system of verified factors of public danger on the basis of analysis and synthesis, induction and deduction, interpretation of legal literature. The main results, scope of application. The meaning of the legal definition of a crime contains the purpose of preventing possible harm to society stipulated in the criminal law. This fact is due to the preventive task (part 1 of article 2 of the Russian Criminal Code). The public danger of crime as a phenomenon of objective reality is meaningless, since the crime is the negative changes and harm that has occurred. The social danger of crime creates a shock to the foundations of society, undermines the conditions of its existence. Other ("non-criminal") offenses that contradict the established law and order in the state do not threaten the basic system of social values. Intersectoral differentiation of legal responsibility should have transitivity, which includes a rule: the degree of repression of coercive measures within various branches of law meets the rules of hierarchy. Mandatory signs of public danger of a crime are that the act: 1) affects significant social relations that need criminal legal protection from causing harm to them by socially dangerous behavior; 2) has a harmful potential that is fraught with causing significant harm or creating a threat of causing such harm to the object of criminal legal protection; 3) results in socially dangerous consequences; 4) is characterized by the guilty attitude of the subject to the deed, expressed in the form of intent or carelessness. Optional criteria of public danger of act are: the characteristics of the crime and characteristics of victim; method of committing a crime; the time, place, atmosphere, instruments and means of committing the crime; the motive; the object of the crime; special characteristics of the perpetrator. The quantitative indicators (size, severity, or other value) of the subject of the offense and its socially dangerous consequences, as well as the repetition of the act and the presence of a special recidivism of crimes should not be used as criteria for public danger of behavior. Conclusions. Public danger is a social feature exclusively of criminal acts (crimes and potential criminal misdemeanors); all other types of offenses are harmful to the interests of society, but they do not pose a danger to it. To exclude competition between criminal and administrative responsibility, it is necessary to take into account the public danger of the crime on the basis of verifiable factors.

LEGAL RESPONSIBILITY IN CIVIL PROCEDURE

2021 ◽  
Vol 11 (1) ◽  
pp. 119-134
Author(s):  
M.R. ZAGIDULLIN
Keyword(s):  
Legal Liability ◽  
Civil Procedure ◽  
Legal Responsibility ◽  
Legal Proceedings ◽  
Administrative Procedure ◽  
Civil Proceedings ◽  
Performance Fees ◽  
Arbitration Procedure ◽  
The Subject ◽  
Actual Loss

The article presents the results of the author’s dissertation research on legal responsibility in the civil procedure. The author substantiates the conclusion of the broadest interpretation of the civil procedure, according to which it should include: 1) judicial civil procedure: civil procedure, arbitration procedure, administrative procedure (legal proceedings); 2) out-ofcourt civil procedure: notary, enforcement proceedings, mediation, pre-trial conflict resolution, arbitration. Legal liability in civil proceedings should be understood as a type of state coercion, which consists in the subject of civil proceedings undergoing the adverse consequences provided for by the rule of law for a procedural offense committed by them in civil proceedings. The author also distinguishes between the concepts of responsibility in civil proceedings and civil procedural responsibility. Civil procedural responsibility should be understood as a subspecies of procedural responsibility, which is the obligation of the subject of civil procedure to undergo adverse procedural consequences provided for by the norm of civil procedure law, affecting the course of the procedure, for the procedural offense committed by him. Accordingly, it is proposed that court fines, performance fees, and compensatory (legal) liability (payment of court expenses, compensation for actual loss of time) should be attributed not to procedural, but to material and legal liability implemented in civil (civil) proceedings. The general state of implementation of civil and procedural liability measures in various branches of the civil procedure is clearly demonstrated in the form of a comparative table.

scholarly journals Concerning the Legal Regulation of the Order of Weapon Issue to Judges in the Russian Federation

2019 ◽  
pp. 12-20
Author(s):  
Rinat Mikhailovich Karimov
Keyword(s):  
Russian Federation ◽  
Social Relations ◽  
Legal Regulation ◽  
Legal Analysis ◽  
Safety Measures ◽  
Legal Provisions ◽  
The Social ◽  
Analysis And Synthesis ◽  
The Subject ◽  
The Russian Federation

In this article Karimov analyzes whether it is necessary to amend available safety measures in relation to judicial authorities of the Russian Federation. The aim of the research is to analyze the current order of weapon issue to judges in the Russian Federation. The object of the research is the social relations rising in the process of implementation of legal provisions about the order of weapon issue to judges in the Russian Federation. The subject of the research is the legal acts that regulate the order of weapon issue to judges in the Russian Federaton. The researcher analyzes kinds of weapons that can be issued to a judge upon his or her written inquiry. The research is based on the comparative legal analysis of previous provisions about the order of weapon issue to judges and legal provisions that have been implemented just lately. The analysis is also based on the use of such research methods as analysis and synthesis, generalisation and logical research method. The author of the article proves the idea that the legal specificiation of the order of weapon issue to judges in the Russian Federation will eliminate possibility of attacking judges or their family members. The author focuses on the gaps in relevant legal regulations and suggests to review and make changes in the current law that regulates the order of weapon issue to judges. 

scholarly journals The Forms of Criminal Prosecution

Legal Concept ◽  
2021 ◽  
pp. 167-175
Author(s):  
Ilya Dikarev ◽  
◽  
Sailaubek Baymanov ◽  
Keyword(s):  
Criminal Procedure ◽  
Point Of View ◽  
Criminal Prosecution ◽  
Legal Interpretation ◽  
Scientific Methods ◽  
Theoretical Position ◽  
Analysis And Synthesis ◽  
General Scientific ◽  
The Subject ◽  
The Common

Introduction: the paper discusses the possibility of differentiating the forms of criminal prosecution. The critical analysis is subject to the widespread position in the science of criminal procedure that the forms of criminal prosecution are suspicion and accusation. This point of view is based on the conclusion that the content of criminal prosecution varies depending on the degree of proof of the guilt of the person subject to criminal prosecution. Concerning compliance with the principle of adversarial parties, the theoretical position is also evaluated, according to which one of the forms of criminal prosecution is conviction. The question of the grounds for differentiating the forms of criminal prosecution is studied. Purpose: the confirming the unified nature of the criminal prosecution carried out during the pretrial proceedings, regardless of the procedural position of the person accused of committing the crime. Methods: the paper uses the general scientific methods of analysis and synthesis, a systematic approach, as well as specific scientific methods: legal interpretation and logical-legal. The methodological framework was the dialectical method. Results: the study of the common position in the science of criminal procedure, according to which criminal prosecution at different stages of its implementation consistently takes the forms of suspicion and accusation, showed its inconsistency. From the standpoint of philosophy, the content always has a determining value, and the form is always determined. Accordingly, to establish a change in the form of criminal prosecution, it is necessary to make sure that the content of this activity changes. However, the degree of proof of the person’s involvement in the crime is not reflected in the content of the accusatory activity, it remains the same. Therefore, suspicion and accusation do not form the independent forms of criminal prosecution. At the same time, the differentiation of the forms of criminal prosecution is possible, but on different grounds. Conclusions: the differentiation of the forms of criminal prosecution should be made depending on, first, the organization of procedural activities that determine the role and powers of the subject of criminal prosecution in the process of proof; secondly, the procedural status of the participant in the criminal process on the part of the prosecution and, thirdly, the content of the fact in issue.

scholarly journals Pozbawienie wolności w celu zbadania stanu psychicznego w prawie polskim

2020 ◽  
Vol 55 ◽  
pp. 11-20
Author(s):  
Teresa Gardocka
Keyword(s):  
Mental Health ◽  
Mental Illness ◽  
Criminal Procedure ◽  
Civil Procedure ◽  
The State ◽  
Legal Institutions ◽  
Main Subject ◽  
The Subject ◽  
Polish Law

The subject of these considerations is the deprivation of freedom ordered to diag-nose the state of an individual’s/person’s mental health. Polish law provides for such a diagnostic deprivation of freedom in the event of a suspected offense with a simultaneous doubt as to the person’s sanity at the time of the committing the act (Code of Criminal Procedure), doubt as to mental illness beings a cause of behavior threatening one’s own life or health, or the lives of others (Act on the Protection of Mental Health) and the exist-ence of a mental illness as a reason for incapacitation (Code of Civil Procedure). These legal institutions differ as for constitutional justification (Article 31 point 3) of the Polish Constitution) and their permissible duration. These differences are the main subject of the analysis. Particularly doubtful seems the possibility of diagnostic deprivation of freedom provided for in the proceedings on incapacitation, as to its duration (it may last up to 3 months).

scholarly journals Zakaz dowodowy przesłuchania mediatora w postępowaniu cywilnym, administracyjnym i karnym. Elementy wspólne i różnicujące (uwagi na tle art. 183 4 § 2 k.p.c., art. 83 § 4 k.p.a. oraz art. 178a k.p.k.)

2021 ◽  
Vol 32 (1) ◽  
pp. 198-210
Author(s):  
Piotr Krzysztof Sowiński ◽  
Keyword(s):  
Criminal Procedure ◽  
Civil Procedure ◽  
Legal Order ◽  
Common Elements ◽  
Criminal Proceedings ◽  
Administrative Procedure

This article concerns mediation secret and ways to protect it in civil, administrative and criminal proceedings. Although all these procedures belong to one legal order they are characterized by independence and separate legal solutions. Common elements and differentiating them solutions were indicated in this text. Both were analyzed subjective and objective scope of the injunction on evidence contained in Art. 183 4 § 2 Code of Civil Procedure, Art. 96 § 2 Code of Administrative Procedure and Art. 178a Code of Criminal Procedure.

scholarly journals Approach towards classification of the types of legal responsibility

2021 ◽  
pp. 21-31
Author(s):  
Konstantin Evgenevich Shilekhin
Keyword(s):  
Social Relations ◽  
Scientific Literature ◽  
Legal Responsibility ◽  
Close Link ◽  
The Social ◽  
The Subject ◽  
Tax Fraud ◽  
Definition Of

The subject of this research is the social relations in the context of bringing to legal responsibility, as well as normative legal acts and scientific literature that reflect such relations. The problem of classification of the types of legal responsibility is relevant in the context of substantiation of the autonomy of its individual types. The attempts to substantiate the autonomy of one or another type of legal responsibility entail the revision of the grounds for classification. The goal of this article consists in revealing the natural grounds for definition of the concept of “legal responsibility” to build consistent and exhaustive classification. The main conclusion lies in determination of the criterion for classification of the types of legal responsibility. Emphasis is placed on the social relations underlying the legal relations, namely legal relations in the area of bringing to legal responsibility. On the example of responsibility for committing tax fraud, the article demonstrates the failure of attempts to find qualification criteria on the basis of the normative legal acts outside the entirety of social relations. The article determines the close link between social relations in the economic sphere, as well as their impact upon legal relations emerging in the context of bringing to legal responsibility as a whole and administrative responsibility in particular.

FORENSIC CHARACTERISTICS OF VIOLENT CRIMES COMMITTED ON THE GROUNDS OF RACIAL, NATIONAL OR RELIGIOUS INTOLERANCE, AND ITS CONNECTION WITH THE SUBJECT OF PROOF

2021 ◽  
Vol 2 (2) ◽  
pp. 109-118
Author(s):  
Anna Borovyk ◽  
Keyword(s):  
General Procedure ◽  
Criminal Procedure ◽  
Structural Elements ◽  
Criminal Proceedings ◽  
Violent Crimes ◽  
Religious Intolerance ◽  
Procedure Code ◽  
Criminal Offenses ◽  
The Subject

The article is devoted to the concept of forensic characterization of violent crimes committed on the basis of racial, national and religious intolerance, and its main structural elements that are most important in the detection and investigation of crimes in this category. It is noted that the forensic characterization of crimes is a system of general data, information or information about typical features (structural elements) of a certain type of crime, which are important in the investigation and detection of criminal offenses of a particular type. Among the most important elements that are important during the pre-trial investigation of this category of crimes, we have identified the following: the identity of the offender, with his mental activity, which includes a special motive for committing a criminal offense - intolerance; the person of the victim; the subject of criminal encroachment; the manner of committing the crime in the broadest sense; trace picture. The article reveals the concept of the subject of proof and emphasizes that it fully covers Article 91 of the Criminal Procedure Code of Ukraine, concerning the general procedure for proving in the investigation of violent crimes committed on the grounds of racial, national and religious intolerance. Emphasis is placed on the fact that among criminals who commit violent crimes on the grounds of racial, national or religious intolerance, there are minors, which is why, along with the general circumstances covered by Article 91 of the Criminal Procedure Code of Ukraine, are subject to the establishment in criminal proceedings of circumstances that relate directly to minors and provided for in Article 485 of the Criminal Procedure Code of Ukraine. The article examines the relationship between the forensic characterization and the subject of evidence, and substantiates that the forensic characterization serves as an information base for the circumstances that are part of the subject of proof.

Tajemnica duszpasterska. Analiza na przykładzie rozwiązań odnoszących się do Kościoła Ewangelicko-Reformowanego w RP

2020 ◽  
Vol 29 ◽  
pp. 350-366
Author(s):  
Bernard Łukańko ◽  
Keyword(s):  
Common Law ◽  
Criminal Procedure ◽  
Case Law ◽  
Civil Procedure ◽  
Administrative Procedure ◽  
Reformed Church ◽  
The Republic ◽  
Seal Of Confession

The study presents and analyses solutions in common law relating to the protection of pastoral secrecy, and more precisely the secrecy of pastoral conversation in the Evangelical Reformed Church in the Republic of Poland, which stems from the Swiss branch of Reformation and which has a tradition of 450 years in Poland. The analysis covers the institution of pastoral secrecy as compared to the institution of the seal of confession which is clearly protected under the provision of the Code of Criminal Procedure, the Code of Civil Procedure, the Code of Administrative Procedure, the Tax Ordinance Act and the Supreme Audit Office Act. Furthermore, the study features a presentation of internal regulations of the Evangelical Reformed Church concerning pastoral secrecy and an analysis of the case law of Polish and German courts applicable to the protection of that type of secrecy.

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