scholarly journals Peculiarities of civil claim and calculation of compensation for emotional harm in cases involving medical aid

2020 ◽  
pp. 52-62
Author(s):  
Kristina Vital'evna Garipova
Keyword(s):  
Russian Federation ◽  
Medical Personnel ◽  
Legal Analysis ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Medical Aid ◽  
Foreign Countries ◽  
The Subject ◽  
The Russian Federation ◽  
Emotional Harm

This article is dedicated to the specificity of filing a civil claim and calculation of compensation for emotional harm in criminal proceedings regarding the improper performance of medical personnel, for illustrating the amounts awarded by the courts of the Russian Federation and analyzing the compensation calculation procedure. The author carries out historical-legal and comparative-legal analysis of the institution of compensation for harm to the aggrieved party in Russia and foreign countries. The goal of this study consists in development of the concept of compensation for harm caused by improper performance of medical personnel that would require the current public needs. The article employs the universal dialectical, logical, formal legal, comparative-legal, and hermeneutic methods. The subject of this research is the norms of the criminal procedural and civil legislation that regulate the questions of compensation for harm in cases involving medical aid. Description is given to the methods of calculation of compensation offered by various representatives of legal science throughout the entire national history. The article is one of the first attempt to analyze compensation for harm within the framework of criminal cases involving medical aid. The conclusion is made that the courts of the Russian Federation award measly compensations.

THE USE OF DIGITAL TECHNOLOGY IN THE INTERROGATION OF WITNESSES IN THE PRE-TRIAL STAGES OF CRIMINAL PROCEEDINGS (COMPARATIVE LEGAL ANALYSIS OF THE RUSSIAN FEDERATION LEGISLATION AND LAWS OF SOME FOREIGN COUNTRIES)

2019 ◽  
pp. 125-136
Author(s):  
E. K. Antonovich
Keyword(s):  
Russian Federation ◽  
Digital Technology ◽  
Point Of View ◽  
Legal Analysis ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Witness Testimony ◽  
Foreign Countries ◽  
Legitimate Interests ◽  
The Russian Federation

The testimony of witnesses represents the type of evidence, without which practically no criminal case can do. It is the significance of this type of evidence that determines the legislative requirements for the regulation of preparation and the procedure for the interrogation of a witness, as well as for the recording of evidence. This is of particular importance both from the standpoint of ensuring the admissibility and reliability of evidence, as well as from the point of view of ensuring the rights and legitimate interests of persons involved in criminal proceedings. The national legislation of modern states creates its own standards for the use of witness testimony in proving criminal cases. With all the variety of approaches, the importance of information technology in the collection, testing and evaluation of witness testimony can be viewed in the following main areas: as a means of fixing an investigative action, as a way of establishing the actual circumstances relevant to the case, as a means of ensuring the production of an investigative action, and as a means of transmitting information. Based on the analysis of the criminal procedure legislation of the Russian Federation and some foreign countries, the paper examines the problems of legislative regulation of the use of digital technologies during the interrogation of witnesses, including remote interrogation and deposition of witness testimony. Special attention is given to distant interrogation at the request of foreign countries.

scholarly journals Problems of Protecting the Rights of a Private Prosecutor in Defamation Cases

2019 ◽  
Vol 13 (4) ◽  
pp. 651-660
Author(s):  
Natalya Artebyakina ◽  
Tatyana Makarova
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Local Governance ◽  
Criminal Code ◽  
Legal Analysis ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
False Information ◽  
Justices Of The Peace ◽  
The Russian Federation

The growing complexity of public relations creates a need for the criminalization of some acts and de-criminalization of others. Defamation is one of the offenses affected by this trend. Some time after its de-criminalization, the crime of defamation was brought back to the Criminal Code of the Russian Federation. However, there is no actual legal mechanism in Russia that victims of defamation could use to fully protect their rights. The authors point out a trend for acquittals in criminal proceedings initiated after the complaints of private prosecutors when they concern deliberately false information that besmirches the honor and dignity of other people and harms their reputation, when these complaints are filed with the governmental, including the law enforcement, authorities. They present their research of court statistical data regarding cases heard by Justices of the Peace under Part 1, Art. 128.1 of the Criminal Code of the Russian Federation between 2014 and the first half of 2018. The authors have analyzed the practices of Justices of the Peace in Ulyanovsk Region on criminal cases initiated under Part 1, Art. 128.1 of the Criminal Code of the Russian Federation. They use the examples of specific criminal cases to prove that judges use clauses of Art. 33 of the Constitution of the Russian Federation and Art. 6 of the Federal Law «On the Procedure of Handling Applications of Citizens of the Russian Federation» when deciding cases based on Part 1, Art. 128.1 of the Criminal Code of the Russian Federation and protect the right of citizens to appeal to the governmental (including law enforcement) authorities; they point out that an appeal to governmental or local governance cannot be viewed as spreading deliberately false information. In this case, private prosecutors have no opportunity to protect their rights even if it is proven that the information is deliberately false, and they also have to bear additional expenses connected with the recovery of procedural costs. Besides, the research includes a comparative legal analysis of legislation on defamation in a number of foreign countries (the USA, China, the UAE and others) as well as the historical-legal analysis of the development of Russian legislation on liability for defamation.

Theft and Fraud Committed Using Electronic Payment Systems (Regional Judicial and Investigative Practice)

2020 ◽  
Vol 2 ◽  
pp. 66-79
Author(s):  
S. L. Morozov ◽  
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Criminal Law ◽  
Legal Analysis ◽  
Payment Systems ◽  
Criminal Cases ◽  
Electronic Payments ◽  
Judicial Practice ◽  
The Supreme Court ◽  
The Russian Federation

The advent of the electronic currency and the effecting of electronic payments has caused new forms of thefts and types of acquisitive crimes. The judicial investigative practice of criminal cases of embezzlement committed using bank cards and other types of electronic payments has encountered problems with the qualification of such acts. The author identifies the most common enforcement problemsand their causesby a retrospective study of judicial practice, the changing norms of the criminal law. At the same time, a ten-year period of work of the judicial investigating authorities was studied. On the basis of traditional general scientific methods of cognition, as a result of a system-legal analysis of the considered set of specific situations, the author gives an author's view of the complex of causes that cause a lack of uniformity in judicial investigative practice. Using the hermeneutic approach, the author paid special attention to the application by the courts of the interpretation of the criminal law by the Plenum of the Supreme Court of the Russian Federation in different years. In conclusion, ways of resolving contentious issues of qualification of thefts and fraud in the field of electronic means of payment are proposed. It has been ascertained that high-quality and uniform law enforcement can provide additional clarification on the delimitation of related and competing theft from the Plenum of the Supreme Court of the Russian Federation. It is concluded that in general, the current concept of the Plenum of the Supreme Court of the Russian Federation does not contain contradictions with the novels of the criminal law, but can be improved. The rationale and edition of possible additions to the relevant decision of the Plenum of the Supreme Court of the Russian Federation are given.

scholarly journals The use of digital communication technologies in the context of a pandemic as a way to improve the effectiveness of justice

2021 ◽  
Vol 7 (1) ◽  
pp. 95-101
Author(s):  
E. V. Smakhtin
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Information Technologies ◽  
Criminal Procedure ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Judicial Practice ◽  
The Supreme Court ◽  
Federal Constitutional ◽  
The Russian Federation

The article deals with the peculiarities of the activity of courts in making judicial decisions in the context of a pandemic. First of all, we are talking about the wider use of digital and information technologies in criminal proceedings, which have previously been repeatedly recommended by forensic science for implementation in judicial practice. Some recommendations of criminalistics are currently accepted by the Presidium of the Supreme Court of the Russian Federation in its Decision dated April 08, 2020 № 821 and Review on certain issues of judicial practice related to the application of legislation and measures to counteract the spread of a new coronavirus infection (COVID-19) in the territory of the Russian Federation № 2, which provided appropriate explanations for their use in practice. In particular, we are talking about the possibility of using video conferencing systems for certain categories of criminal cases and materials that are considered urgent, although this is not provided for in criminal procedure legislation. It is concluded that it is necessary to change the current criminal procedure legislation, bring it into line with the Constitution of the Russian Federation, federal constitutional laws, federal laws and subordinate regulatory legal acts, including orders of the Judicial Department under the Supreme Court of the Russian Federation.

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 FEATURES OF THE IMPLEMENTATION OF THE PRINCIPLE OF PRESUMPTION OF INNOCENCE IN CRIMINAL PROCEEDINGS OF PRIVATE PROSECUTION

2020 ◽  
Vol 30 (6) ◽  
pp. 875-880
Author(s):  
E.F. Tensina
Keyword(s):  
Russian Federation ◽  
Criminal Procedure ◽  
Criminal Case ◽  
Presumption Of Innocence ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Procedure Code ◽  
Special Procedure ◽  
The Russian Federation ◽  
Procedural Rights

The article reveals the nature of the claim of a private prosecution, which establishes the freedom to dispose of material and procedural rights. The forms of manifestation of dispositive principles in the material and procedural aspects in the course of criminal proceedings are determined. Taking into account the nature of the claim of a private prosecution, various models of proceedings in criminal cases of a private prosecution and the peculiarities of the implementation of the provisions of the criminal procedure principle of the presumption of innocence are considered. The author critically assesses the legal constructions that allow the application of a special procedure for making a court decision in criminal proceedings of a private prosecution if the accused agrees with the charge brought. In particular, taking into account the provisions of the principle of the presumption of innocence, it is concluded that it is inadmissible to apply Chapter 40 of the Criminal Procedure Code of the Russian Federation when considering a criminal case of a private prosecution if it is initiated by filing an application directly with a magistrate in the manner prescribed by Art. 318 of the Code of Criminal Procedure of the Russian Federation or when investigating a criminal case of this category in the form of an abbreviated inquiry, regulated by Ch. 32.1 of the Criminal Procedure Code of the Russian Federation.

Comparative legal analysis of legal status models of state and municipal employee

2021 ◽  
pp. 678-691
Author(s):  
Nataliya E. Sadokhina ◽  
Oleg G. Shadsky
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Legal Analysis ◽  
Municipal Service ◽  
Legal Method ◽  
Municipal Employees ◽  
Foreign Countries ◽  
Domestic Legislation ◽  
The Russian Federation ◽  
Legislative Reforms

The relevance of this study is due to the great importance of the institution of state and municipal service in ensuring the tasks and functions of the state. The legal status of state and municipal employees is being perma-nently reformed. The next stage of reforms is associated with the amend-ments to the Constitution of the Russian Federation made in 2020, which also affected the requirements for persons employed in the public service. In addition, the appearance in the Constitution of the term “public authority”, which includes not only state power, but also local self-government, largely predetermined the unification of requirements for persons employed in state and municipal service. The constitutional changes led to the reform of legislation in this area. We conclude about the importance of comparative legal research for the scientific substantiation of ongoing legislative reforms. The comparative legal method of research allows us to single out the general, special and singular in the development of normative regulation of the legal status of state and municipal employees in various legal families and systems of our time. Based on the analysis carried out, we determine the similarity in the structure of the legal status of state and municipal employees in Russia and foreign countries. At the same time, attention is drawn to the fact that the range of civil service positions in the Russian Federation is narrower than abroad. We forecast the ways of development of domestic legislation in this area.

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 Procedural Code of the Russian Federation: evaluation of effectiveness and measures for its improvement

2021 ◽  
pp. 868-877
Author(s):  
Boris Gavrilov
Keyword(s):  
Law Enforcement ◽  
Civil Rights ◽  
Russian Federation ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Dialectical Logic ◽  
Legal Norms ◽  
Procedural Code ◽  
The Russian Federation ◽  
Historical Comparative

Introduction: the article analyzes provisions of the Criminal Procedural Code of the Russian Federation and its impact on the implementation of key legal institutions designed to ensure respect for the rights and legitimate interests of criminal proceedings participants by law enforcement and judicial authorities. Purpose: having studied effectiveness of the amendments made in the CPC and conducted statistical analysis of the results of criminal cases investigation, the author presents shortcomings in the legislation identified by the scientific community and law enforcement practice and proposes measures to improve both certain legal norms of the CPC RF and its procedural institutions in order to ensure constitutional provisions on the state protection of human and civil rights and freedoms. Methods: the researcher used historical, comparative legal and empirical methods for describing quality and legality issues in the investigation of criminal cases; theoretical methods of formal and dialectical logic. Private scientific and legal technical methods, as well as the method for interpreting specific legal norms were applied. Results: the analysis of development of Russian and foreign criminal procedural legislation and law enforcement practice objectively indicates that the absolute majority of the amendments made to the Code contributed to enhancing performance of pre-trial investigation or initial inquiry bodies in implementing the provisions of Article 6 of the CPC. It stipulates protection of the rights and lawful interests of the persons and organizations, who (which) have suffered from the crimes, as well as their protection from unlawful accusations and conviction, and other restrictions of their rights and freedoms. Betterment of the criminal procedural legislation is also aimed at overcoming formalization of its individual provisions and bureaucratization of actions of the inquirer, investigator, prosecutor’s office and judicial community in the investigation and trial of criminal cases. Conclusions: to adapt the modern Russian criminal process to modern realities (new types of crimes and methods of their commission, increased requirements for ensuring legality in activities of pre-trial investigation bodies, their compliance with procedural deadlines in criminal cases and improving investigation quality) it is necessary to make changes in pre-trial proceedings, in particular, to reorganize procedural rules for commencement of criminal proceedings; bringing investigation terms into line with the provisions of Article 61 of the CPC on a reasonable period of criminal proceedings; differentiating investigation forms, etc. All this is focused on improving effectiveness of the fight against crime and its most dangerous types.

scholarly journals ON SOME COMMENTS ON THE NORMATIVE FORMULATIONS FOR THE PURPOSE OF CRIMINAL PROCEEDINGS

2021 ◽  
Vol 17 (1(63)) ◽  
pp. 127-133
Author(s):  
Виктор Николаевич ГРИГОРЬЕВ
Keyword(s):  
Russian Federation ◽  
Justice System ◽  
Preliminary Investigation ◽  
Criminal Procedure ◽  
Criminal Proceedings ◽  
Procedure Code ◽  
Legal Situation ◽  
Law Enforcement Officials ◽  
The Subject ◽  
The Russian Federation

The purpose of Russian criminal proceedings, which is very important among the modern social and legal institutions, is nevertheless deficient in its legal and regulatory form. It is noted that in the modern situation, some formulations of the purpose of criminal proceedings have come into conflict with the real social and legal reality. Purpose: to resolve contradictions between the formulations of the purpose of criminal proceedings and the actual social and legal reality. Methods: the author uses the methods of dialectical and formal logic, comparison, description, observation, interviewing, experiment, analysis, interpretation. Results: a theoretical basis has been developed for the choice, in the event of a conflict between the formulations of the purpose of criminal proceedings and the actual social and legal situation, of whether to change the normative formulation of the purpose of criminal proceedings or whether to change the procedure itself. In choosing the subject of reform, preference is given to traditional Russian values. Modern trends in Russian criminal proceedings do not fully reflect the needs of civil society in the Russian Federation. It is more accurate to assume that this is the result of a system of departmental and bureaucratic measures to distribute influence and burden. From a humanitarian standpoint, it would be more correct to return the criminal justice system to a state where it will again reflect the lost purpose, in particular, protecting individuals from unlawful accusations. The first step should be to remove from law enforcement officials the obligation to be unilateral in the examination of evidence and to represent only one party – the accusation (Chapter 6 of the Criminal Procedure Code of the Russian Federation), as well as to remove the normative prohibition for the preliminary investigation and inquiry bodies to gather evidence defending the accused (Part 2 article 15 of the Criminal Procedure Code of the Russian Federation).

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