scholarly journals Modern state of the judicial finance-credit examination and the prospects of its development

2020 ◽  
pp. 1-8
Author(s):  
Elina Sergeevna Sarygina
Keyword(s):  
Law Enforcement ◽  
Interdisciplinary Approach ◽  
Law Enforcement Officers ◽  
Modern State ◽  
Criminal Proceedings ◽  
Scientific Methods ◽  
Judicial Practice ◽  
General Scientific ◽  
Substantive Law ◽  
Court Expert

The research subject is the scientific, organizational and methodical regularities of judicial and examination activities during the research of finance-credit relations. Special attention is given to the key provisions of finance-credit examinations and the peculiarities of their commissioning. The author uses the categories and laws of dialectical and formal logic along with general scientific methods of scientific cognition (observation, description, comparison, systematization, formalization, etc.), and specific methods (comparative-analytical and system-structural). The author also uses the techniques of the interdisciplinary approach since the research requires knowledge in the field of procedural and substantive law, theory of court examination, economics and banking law, which determines the comprehensive nature of the research. From the viewpoint of modern scientific knowledge, the author attempts to analyze court examination as an independent class of judicial economic examinations which includes objects, subclasses, typical tasks and scientific and methodical recommendations for law enforcement officers about commissioning such examinations. The research addresses the main provisions of the subtheory of a judicial finance-credit examination which either haven’t been described sufficiently enough in the scientific works, or haven’t been systematised. The author’s recommendations are aimed at unification of the judicial practice of commissioning and assessment of the results of a judicial finance-credit examination. The formation of a comprehensive idea about this examination and its modern state is necessary for the implementation of its possibilities by an investigator, a court or an inquiry officer within criminal proceedings. The result of the research is the development of recommendations for law enforcement officers about the peculiarities of commissioning of a court tax analysis in governmental and nongovernmental criminal expertise institutions connected with the peculiarities of preparation of research objects and the specificity of issues subject to the consideration of a court expert; the author formulates the list of questions to an expert.

THE USE OF «VIRTUAL TOURS» TECHNOLOGY IN THE TRAINING OF LAW ENFORCEMENT OFFICERS

2018 ◽  
Vol 2 (7) ◽  
pp. 122
Author(s):  
Kiryl Shuvayev ◽  
Pavel Andriyanov
Keyword(s):  
Law Enforcement ◽  
Cognitive Activity ◽  
Law Enforcement Officers ◽  
Educational Process ◽  
Philosophical Method ◽  
Scientific Methods ◽  
Curricular Material ◽  
General Scientific ◽  
Visualization Techniques

The aim of the study is to analyse the process of using «Virtual tours» technology in the educational process. This technology allows you to transfer the lesson from the passive into the interactive forms, to activate the cadets’ cognitive activity and to involve them into the educational process. The use of visualization techniques develops broad-minded thinking and enhances a better learning of the curricular material. The main tasks of the research are to analyse the process of using «Virtual tours» technology in the educational process of law enforcement officers; to estimate the functional practice of «Virtual tours» technology. The study is fundamentally based on the dialectical-philosophical method alongside with the general scientific and specific scientific methods.

Criminal proceedings

2021 ◽  
Author(s):  
Aleksey Proshlyakov
Keyword(s):  
Law Enforcement ◽  
State Standard ◽  
Legal Education ◽  
Criminal Procedure ◽  
Law Enforcement Officers ◽  
Criminal Proceedings ◽  
Law Schools ◽  
Judicial Practice ◽  
Wide Range ◽  
Criminal Procedure Law

The textbook was prepared by the author's team of the Department of Criminal Procedure of the Ural State Law University in accordance with the course program "Criminal Procedure" developed by him, which fully complies with the State Standard of higher legal education (bachelor's, specialist, master's, postgraduate). It takes into account and uses all the changes made to the criminal procedure law, judicial practice, as well as a wide range of scientific and practical works of domestic and foreign procedural scientists. The textbook is provided with a glossary and illustrated with diagrams on the main topics of the course. For students, postgraduates and teachers of law schools and faculties, as well as practicing lawyers, law enforcement officers, researchers

scholarly journals Innovative methods of law enforcement officers training in the age of digitalization: foreign experience

2021 ◽  
pp. 1-12
Author(s):  
Oksana V Seliverstova ◽  
Evgenii Kiselyov
Keyword(s):  
Law Enforcement ◽  
Information Exchange ◽  
Law Enforcement Officers ◽  
Educational Process ◽  
Scientific Methods ◽  
Foreign Experience ◽  
Innovative Methods ◽  
Foreign Countries ◽  
General Scientific ◽  
The Russian Federation

The research object is the possibility to use innovative methods for law enforcement officers training in the age of digitalization. The research subject is the foreign experience of using innovative methods of law enforcement officers training. The authors use general scientific methods of dialectics, analysis, generalization, and specific methods of summarizing and grouping. They help to consider such aspects of the topic as the substitution of the conventional approach in the educational process by the innovative and technical scheme of information exchange along with the analytical, normative and axiological learning of the humanities and natural sciences. The authors emphasize the fact that in the current conditions, law enforcement officers training is being digitized and involves high technology. The authors formulate the key components of universal cultural and professional expertise which helps the officers to develop special skills during their studying at a higher school. The key authors’ contribution to the research of the topic is its consideration from the viewpoint of various educational techniques and law enforcement officers training used in the police structures of foreign countries. The authors arrive at a conclusion that in the age of total digitalization, there’s a need for tech-savvy specialists with legal education and interdisciplinary skills in various scientific fields. The scientific novelty of the research consists in the extrapolation of the foreign experience and educational techniques to the educational process of law enforcement officers in the Russian Federation.   

scholarly journals Problems and competence of police during enforcement of judgments related to imprisonment.

2021 ◽  
Vol 3 (3) ◽  
pp. 251-256
Author(s):  
Dmytro Tinin ◽  
Volodymyr Tymofieiev
Keyword(s):  
Law Enforcement ◽  
Police Officers ◽  
Law Enforcement Officers ◽  
The Body ◽  
Criminal Proceedings ◽  
Judicial Practice ◽  
Departmental Management ◽  
The Moment ◽  
National Police

Today, a certain conflict in judicial practice, the current criminal procedural and criminal-executive legislation of Ukraine is the procedure for execution of court sentences related to imprisonment, from the moment they enter into force. At the legislative level, the limits of competence of the National Police officers remain unresolved after the receipt of such a sentence to any police unit and the procedure for their execution. When enforcing a court sentence, law enforcement officers have a number of problems that make it impossible to enforce it, or even inaction is formed on their part. As a result, these factors contribute to convicts evading punishment or committing other crimes at this time. To date, the legislator does not define the competence of the National Police and does not include in its responsibilities the execution of court decisions related to imprisonment. However, when deciding on the determination of the body that will execute such a decision, the judicial institution is guided only at its own discretion or by the materials of the criminal proceedings in which it will be adopted. To solve such problems, it is necessary to correctly determine the procedure for each body to perform its functions. Such decisions cannot be made by the heads of structural subdivisions alone, and therefore this leads to the solution of this problem at the level of departmental management with further amendments to the legislation governing the activities of their sectoral services.

Jurisdiction of Criminal Cases Regarding Assignment of Compulsory Treatment

2021 ◽  
pp. 84-90
Author(s):  
Shatrova А.V. ◽  
◽  
Keyword(s):  
Criminal Procedure ◽  
Mental Illnesses ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Scientific Methods ◽  
Judicial Practice ◽  
General Rules ◽  
Legitimate Interests ◽  
General Scientific ◽  
Goals And Objectives

Problem statement. In Russian criminal process, traditionally, one of the more complicated differentiated procedures are criminal proceedings on the use of compulsory medical measures. The specificity of these proceedings involves the establishment of additional guarantees and special procedural rules aimed at ensuring the rights and legitimate interests of people with mental disorders. However, jurisdiction in this category of criminal cases is determined according to general rules, without taking into account the specifics of the proceedings. The current criminal procedural legislation allows the consideration of criminal cases on the use of compulsory medical measures by a magistrate, without taking into account the specifics of the proceedings. The shortcomings of the criminal procedure legislation give rise to contradictory judicial practice. Goals and Objectives of the Study. To reveal the normative and doctrinal approaches to determining the jurisdiction of criminal cases on the use of compulsory medical measures; substantiate the need to change the rules of jurisdiction for this category of cases; to formulate suggestions for adjusting the criminal procedural norms in connection with the exclusion of cases on the application of compulsory medical measures from a magistrate’s jurisdiction. Methods. In the process of working on the article, general scientific research methods were used – analysis, synthesis, classification, comparison, systematization and generalization, as well as specific scientific methods – formal-logical, studying law enforcement practice. Results, Summary Conclusions. Suggestions have been formulated to change the normative regulation of the jurisdiction of criminal cases on the use of compulsory medical measures. The current criminal procedure for determining the jurisdiction of criminal cases on the use of compulsory medical measures has significant gaps that require exclusion of criminal cases on people with mental illnesses from the competence of a magistrate.

Current State of Legislation, Law Enforcement and Judicial Practice in the Sphere of Conclusion, Modification and Termination of Lease Agreements for Land Plots, Concluded for Construction Purposes

2020 ◽  
Vol 1 ◽  
pp. 16-23
Author(s):  
V. V. Cheremukhin ◽  
Keyword(s):  
Law Enforcement ◽  
System Analysis ◽  
Legal Regulation ◽  
Scientific Development ◽  
Synthesis System ◽  
Judicial Practice ◽  
Current State ◽  
General Scientific ◽  
Statistical Indicators

Construction, as a sphere of the national economy, has impressive statistical indicators, determining the importance and relevance of its proper legal regulation, especially in terms of land use for relevant purposes. This article discusses the current situation in the sphere of provision of land plots for construction purposes, further alteration and termination of the relevant lease relations; provides a detailed analysis of the current legislation, law enforcement and judicial practice in such sphere. The purpose of the article is to analyze and summarize legislation judicial and law enforcement practice in this area, as well as the development of specific directions for a comprehensive dissertation research, proposals for improving the legislation regulating these relations. This goal is achieved by solving tasks such as studying of the existing legal regulation of disputed legal relations, law enforcement and judicial practice, identification of problematic and conflict-of-laws issues in the field under consideration, review of the degree of scientific development of the research topic, determination of trends in the development of this sphere of legal relations, development of specific proposals for changing legislation and law enforcement practice. General scientific (synthesis, system analysis, analogy) and special (formal-legal, comparative-legal) methods are used to solve the above problems. Based on the results of consideration of these issues, the author formulates the main problems of the legal relations under consideration, an assessment of the current degree of scientific development of this field is given, the main directions of the planned scientific research are also outlined, proposals are formulated to improve legislation and law enforcement practice.

Protection of the Rights and Legitimate Interests of Entrepreneurs in Cases of Crimes in the Sphere of Economic Activity

2021 ◽  
Vol 3 ◽  
pp. 92-98
Author(s):  
O. А. Zaytsev ◽  
Keyword(s):  
Economic Activity ◽  
Criminal Policy ◽  
Economic Activities ◽  
Criminal Proceedings ◽  
Law Enforcement Agencies ◽  
Scientific Methods ◽  
The Supreme Court ◽  
Analysis And Synthesis ◽  
Legitimate Interests ◽  
General Scientific

The article examines the problematic issues of applying measures to protect the rights and legitimate interests of entrepreneurs in cases of crimes in the field of economic activity. The material-legal and criminal-procedural mechanisms used in the course of proceedings in this category of cases are examined. Special attention is paid to the analysis of the legal positions of the Supreme Court of the Russian Federation, reflected in the decisions of the Plenum of November 15, 2016 № 48 and October 3, 2017 № 33. The purpose of this study is to identify the most acceptable areas of activity of judicial and law enforcement agencies to protect the rights and legitimate interests of entrepreneurs involved in criminal proceedings. The objectives of the study are: a) to determine the specifics of criminal and criminal procedure legislation containing humane mechanisms for the category of cases under consideration; b) to highlight the positions of scientists who conduct research in this field of activity; с) substantiation of recommendations for the further development of criminal policy in the direction of liberalizing the current structure of crimes in conjunction with the improvement of criminal procedural forms of criminal proceedings. The methodological basis of the research was the dialectical method of cognition, General scientific methods of abstraction, analysis and synthesis, as well as special legal methods. Promising ways of development of criminal policy in the field of formation of legislation that allows the most effective protection of the rights and legitimate interests of entrepreneurs are proposed. The conclusion is made about the need for further scientific study of the system of material-legal and criminal-procedural mechanisms used in the proceedings on crimes committed in the sphere of business and other economic activities.

scholarly journals On jurisdiction in case of extradition of a foreign citizen by the Russian Federation: the problems of theory and law enforcement practice

2021 ◽  
pp. 27-35
Author(s):  
Alexander Fedyunin
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Procedure ◽  
Scientific Methods ◽  
Scientific Analysis ◽  
Criminal Procedure Law ◽  
General Scientific ◽  
The Russian Federation ◽  
Specific Regulation

The subject of this research is the issues emerging in consideration of jurisdiction of the material on extradition of a foreign citizen by the Russian Federation. The article touches upon the peculiarities of national and territorial aspect of jurisdiction, and its specific regulation in the criminal procedure law. The article employs the general scientific and private scientific methods, such as scientific analysis, generalization, comparative-legal, formal-logical, which allowed to most fully reflect the essence and problematic aspects of the selected topic. The question at hand is of major importance for the theory of criminal procedure and law enforcement practice, as the mistakes in determination of jurisdiction of the material are a severe violation of the rights, including the convict, and entail the unconditional annulment of court decision. The analysis of the most common mistakes occurred in application of the norms regulating the jurisdiction of extradition of a foreign citizen convicted by the court of the Russian Federation, as well as theoretical issues associated with determination of the court that deals with the particular issue allows outlining the vector and finding solution to the indicated problems.

scholarly journals Conceptual problems of investigation and prevention of enforced disappearance of persons in the conditions of armed aggression

2021 ◽  
Vol 39 (69) ◽  
pp. 60-73
Author(s):  
Dmytro Mirkovets ◽  
Volodymyr Atamanchuk ◽  
Sergii Marko ◽  
Irina Dubivka ◽  
Antonina Matsola
Keyword(s):  
Law Enforcement ◽  
Criminal Proceedings ◽  
Law Enforcement Agencies ◽  
Criminal Offenses ◽  
General Scientific ◽  
Points Of View ◽  
Conceptual Problems ◽  
Systemic Problems ◽  
The Right ◽  
Southern Ukraine

The article highlights the results of a study of the situation with official investigations into criminal offenses related to the enforced disappearance of persons in the context of armed aggression in eastern and southern Ukraine. The example of individual criminal proceedings presents some systemic problems that arise during the investigation of the facts of disappearance and suggests possible ways to solve them. There are several «blocks» of problems that lie in the field of criminal law, criminology, and criminal procedure. The points of view of scientists and practitioners on this problem are highlighted. It is concluded that Ukraine, in today’s conditions, needs to take measures aimed at improving the legal mechanisms of observance and protection of the right of persons staying in its territory to freedom from enforced disappearance, as well as intensifying law enforcement agencies to prompt, complete and impartial investigation of such facts, their proper qualification, search for victims, identification of those responsible for their disappearance, ensuring that victims receive timely and adequate compensation. The methodological basis for writing the article was a dialectical-materialist method, as well as the set of general scientific and special methods and techniques of scientific knowledge.

scholarly journals JURISDICTION OF APPLICATIONS FOR THE REVISION OF JUDICIAL ACTS ON NEWLY DISCOVERED OR NEW CIRCUMSTANCES AND THE PROCEDURAL AND LEGAL CONSEQUENCES OF ITS VIOLATION

2020 ◽  
Vol 24 (4) ◽  
pp. 1141-1168
Author(s):  
Safura T. Bagylly ◽  
Larisa N. Pavlova
Keyword(s):  
Legal Regulation ◽  
Court Decisions ◽  
Unified Approach ◽  
Scientific Methods ◽  
Judicial Practice ◽  
Scientific Analysis ◽  
Domestic Legislation ◽  
General Scientific ◽  
Administrative Proceedings ◽  
Legal Consequences

The article deals with the problematic items of choosing a court competent to review court decisions that have entered into legal force on newly discovered or new circumstances in civil and administrative proceedings. The aim of the authors is to conduct a study of the legal regulation of the jurisdiction of applications for review. The methodological basis of the article was formed by general scientific (analysis, analogy, description, synthesis, and systemic approach) and particular scientific methods (historical-legal, comparative-legal, and formal-legal). A retrospective analysis of legal acts of domestic legislation has been carried out. According to the results of the study, difficulties relate to interpreting and applying the existing rules on determining the appropriate instance for revision. Based on the analysis of the judicial practice of courts of general jurisdiction and arbitral courts, the authors come to the conclusion that there is no unified approach of the courts in determining the procedural and legal consequences of violations of the rules of jurisdiction. The conclusion summarizes proposals for improving the current legislation to eliminate ambiguities and achieve uniformity in judicial practice.

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