scholarly journals The peculiarities of questioning of minors: problems and solutions

2020 ◽  
pp. 20-30
Author(s):  
Anna Dorosinskaia ◽  
Irina Bliznyuk
Keyword(s):  
Comparative Analysis ◽  
Law Enforcement ◽  
Practical Importance ◽  
Juvenile Crime ◽  
Crime Statistics ◽  
Research Subject ◽  
Criminal Proceedings ◽  
Problems And Solutions ◽  
The Status ◽  
China And Japan

The research subject is the questioning of juvenile participants of criminal proceedings; the research object is the peculiarities of this investigative procedure. The research is of a theoretical nature; the authors analyze and study the particular aspects of the questioning of minors. The research is based on the formal-legal, comparative-legal and the systems methods. The authors study in details such aspects of the issue as juvenile crime statistics for 2008 - 2020 and the factors promoting its growth. Special attention is given to the preparation for the questioning and the very procedure of questioning of a juvenile person. The article contains preliminary and final conclusions. The authors consider the participants to the procedure of questioning of minors whose presense at the procedure is required, and the temporal limits for such an interrogation established by law. The urgency of studying the specificity of the status of a children's counsel is determined by the need for its statutorization, and contains in itself the novelty of the research. The formalization of the modernization of the conditions of the questionning of minors, and the issues of acceptability of its repetitive conduction are of a practical importance for law-enforcement activities. For the purpose of a comparative analysis, the authors consider the procedural peculiarities of the questioning of minors contained in the criminal procedure laws of China and Japan. 

scholarly journals Legal status of court assessors

2020 ◽  
pp. 1-19
Author(s):  
Iaroslav Manin
Keyword(s):  
Law Enforcement ◽  
Social Relations ◽  
Legal Status ◽  
Ad Hoc ◽  
Practical Importance ◽  
Judicial Reform ◽  
Research Subject ◽  
Executive Summary ◽  
The Status ◽  
Federal Judges

The research subject is the legal status of jurors and commercial court assessors; the research object is social relations emerging during the implementation of substantive and procedural rules defining the status of the above mentioned categories of assessors according to the Russian national legislation as judges ad hoc. The author analyzes the legislation regulating the jurors and commercial court assessors focusing on its interpretations - judicial and doctrinal. The research contains the discussions with Russian scholars on the research topic, generalizes their views, describes contradictions and demonstrates the differences in their opinions. The author uses the statistical and other methods and arrives at particular conclusions. The author places the conclusions and suggestions both in the very text and in the executive summary of the article. The main is the conclusion about the equality of legal statuses of federal judges, jurors and commercial court assessors, and the equality of the statuses of federal judges emeritus and court assessors with the expired tenure. The novelty of the research consists in particular suggestions about the improvement of the legislation and detailed (compared with other works) elaboration of the status of court assessors. The author’s contribution consists in the elaboration of the problem which is of theoretical and practical importance, and is particularly urgent in the context of the judicial reform and law enforcement activities affecting protected persons.

scholarly journals Topical Issues of Interpretation of the Criminal Procedure Norms on the Basis of Judicial Practice Taking into Account the International and Russian Components

2020 ◽  
Vol 9 (3) ◽  
pp. 46
Author(s):  
Tatyana Gennad’evna Borodinova ◽  
Anna Alexandrovna Petrikina ◽  
Vladimir Vladimirovich Borodinov ◽  
Irina Vladimirovna Gubko
Keyword(s):  
Law Enforcement ◽  
Practical Importance ◽  
Criminal Procedure ◽  
Information Support ◽  
Digital Information ◽  
Criminal Proceedings ◽  
Systematic Analysis ◽  
Judicial Practice ◽  
Criminal Procedure Law ◽  
First Time

The research reveals the peculiarities of interpretation of the criminal procedure norms emphasizing the practical importance. Its purpose is to identify and solve problems of law enforcement in criminal proceedings. The nature and types of interpretation of the criminal procedure norms were subjected to a detailed analysis based on the judicial and investigative practice. Difficulties with interpretation of the criminal procedure norms in connection with the legislative gaps, difficulties in the process of interpreting the cross-industry terms lack of digital information support of the newly published acts interpreting the norms of law and establishment of specific terms for its implementation, were singled out as separate problems. The use of a set of methods of scientific cognition was promotive of the achievement of the result. The conclusions show that the competent interpretation and application of the criminal procedure law by the courts, taking into account the specifics of this branch of law, can increase the efficiency of justice. The scientific novelty of this research is that for the first time, in an integrated manner and on the basis of a systematic analysis of the practice of interpretation and application of the norms of criminal law. It is planned to formulate proposals and recommendations to improve the work of the courts, law enforcement bodies and the advocacy suggesting specific measures to optimize the said direction.

scholarly journals Protection of Victims in Estonia: A Survey Determining the Status Quo After Implementation of the Directive 2012/29/EU

2019 ◽  
Vol 2 (1) ◽  
pp. 47-65
Author(s):  
Anneli Soo ◽  
Kerly Espenberg
Keyword(s):  
Law Enforcement ◽  
Police Officers ◽  
Online Survey ◽  
Criminal Proceedings ◽  
Law Enforcement Agencies ◽  
Face To Face ◽  
Legal Professionals ◽  
The Status ◽  
Law Enforcement Officials

An online survey was conducted in Estonia among 223 judges, prosecutors, police officers and victim support officers; 223 victims were interviewed via phone and 26 legal professionals (including lawyers) were interviewed face to face with an aim to determine the level of protection of victims after implementation of the Directive 2012/29/EU. The results reveal that victims lack knowledge about their rights although law enforcement agencies are, in general, convinced that they do a good job in this respect. Victims desire criminal proceedings in which they are respected, their opinion is heard and matters, and they are kept informed about developments of the case. The reality, however, does not meet their expectations. As law enforcement agencies are focused on determining guilt of a defendant, victims’ needs fall to the background. There seems to be a dichotomy between the expectations of law enforcement officials and those of the victims: While the latter awaits to be contacted and informed, the officials expect at least certain initiative from victims themselves. The idea that victims should be allowed to speak just to provide them with satisfaction and sense of fair proceedings is still somewhat strange for the authorities. When it comes to sentencing, some state officials believe that the opinions of a victim should not even be asked as determination of the punishment is court’s business. Victims’ opinions are much more readily heard in the conciliation proceedings, which are based on the ideas of restorative justice, but in which defendants’ needs seem to have been forgotten.

Features of medical workers work: state of legislation and its development

2020 ◽  
pp. 58-67
Author(s):  
Viktor Lebedev ◽  
Elena Lebedeva
Keyword(s):  
Comparative Analysis ◽  
Law Enforcement ◽  
Legal Status ◽  
Working Hours ◽  
Paid Leave ◽  
The Status

The article deals with topical issues of medical organizations: a comparative analysis of the legal status of heads of budgetary organizations, including their deputies, heads of branches, the rules governing the “status” of such employees in universities, scientific and medical budget organizations; reduced working hours of medical workers in organizations; practical situations related to the implementation of the rights of medical workers to annual paid leave; the analysis of legislation and law enforcement practice on strengthening the employer’s liability for violations related to employee payments, including vacation pay amounts, was conducted.

scholarly journals Proving Corruption in the Investigative and Judicial Practice of Ukraine: Problems and Solutions

2021 ◽  
Vol 80 (1) ◽  
pp. 101-108
Author(s):  
Р. Л. Степанюк ◽  
В. В. Кікінчук ◽  
М. Г. Щербаковський
Keyword(s):  
Law Enforcement ◽  
Public Relations ◽  
Scientific Literature ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Law Enforcement Agencies ◽  
Judicial Practice ◽  
European Court ◽  
Problems And Solutions ◽  
Factual Data

The work is based on the analysis of the scientific literature, criminal and criminal procedural legislation of Ukraine, which regulates public relations associated with the identification, detection, investigation and judicial review of cases of illegal benefit by officials, on the precedents of the European Court of Human Rights on this issue, as well as the study and summarizing the materials of 200 criminal cases on illegal benefits considered by the courts of Ukraine in 2015-2019. It has been established that proof of corruption offences in criminal proceedings is the activity of the subjects of criminal proceedings, which consists of collecting, assessing and verifying factual data in order to establish circumstances relevant to the investigation. At the same time, procedural and tactical mistakes, as well as abuses on the part of prosecution agents, which lead to deficiencies in the process of proving the guilt of officials who commit corruption offences, are very common in the practice of the Ukrainian law enforcement agencies in this area.

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 PROCEEDINGS: ISSUES OF THE CONCEPTING-CATEGORIAL APPARATUS

2021 ◽  
Vol 1 (1) ◽  
pp. 36-42
Author(s):  
Anatoliy Volobuev ◽  
◽  
Olena Volobueva ◽  
Keyword(s):  
Applied Sciences ◽  
Law Enforcement ◽  
Cognitive Dissonance ◽  
Cognitive Activity ◽  
Criminal Proceedings ◽  
Theoretical Justification ◽  
Concepts And Categories ◽  
Dead End ◽  
The Status ◽  
Tactical Decisions

The article analyzes the changes in the conceptual and categorical apparatus of the sciences of the criminal-legal block in connection with the updating of the criminal and criminal procedural legislation of Ukraine. Reforming of criminal and criminal procedural legislation in Ukraine, normative introduction of new terms has created a certain cognitive dissonance in the system of concepts and categories, which negatively affects both law enforcement activities and research of legal phenomena. It is noted that the normative introduction of new categories into circulation without proper theoretical justification generates a number of contradictions in solving many problems of criminal proceedings. The necessity of bringing the concepts and categories of the branch and applied sciences of the criminal-legal block to a systematic nature is stated, which is the key to making correct procedural and tactical decisions in the course of criminal proceedings. The conclusion is formulated that the conceptual-categorical apparatus acquires the qualities of systematic and consistency only when the process of forming concepts and categories consistently goes through all the stages – from theoretical hypotheses (sentences) to their practical testing and legalization. The development of the conceptual and categorical apparatus of the sciences of the criminal law block (its system and consistency) is an important tool of cognitive activity in research and in the practical activities of criminal proceedings. As experience shows, it is inevitable to avoid gaps and contradictions in legislation and scientific concepts, which put, in particular, pre-trial investigation bodies, in a dead end and cause dubious decisions in the conditions of adversarial process. The stated position, of course, concerns certain problematic concepts and categories, does not claim the status of absolute truth and recognition and is an invitation to further analysis of this issue.

scholarly journals Certains aspects of using a lies detector for the investigation of crimes

2021 ◽  
pp. 13-23
Author(s):  
Elena Krasinskaya
Keyword(s):  
Research Methodology ◽  
Practical Importance ◽  
Comprehensive Analysis ◽  
Theory And Practice ◽  
Criminal Investigation ◽  
Research Subject ◽  
Criminal Proceedings ◽  
Psychophysiological Research ◽  
General Scientific ◽  
Polygraph Testing

The author describes particular theoretical aspects of psychophysiological research with the help of a lie detector, and their role in the investigation of crimes. The research object is the current condition of the theory and practice of using a polygraph. The research subject is the problems of using the results of lie detector testing, their interpretation and role in criminal investigation. The purpose of the research is to study the principles of using, and the options of a lie detector and polygraph examiners, and to define the importance of such a type of research for the investigation of crimes. The research methodology is based on general scientific research methods including analysis and generalization, and specific methods: observation and analysis of psychodiagnostic research. The scientific novelty of the research consists in the comprehensive analysis of the theory and practice of using a polygraph based on the case studies of particular investigations. The author arrives at the conclusion about a further analysis of legal, technical and practical problems of using a polygraph in criminal proceedings, for the purpose of the consideration of the idea about the legislative consolidation of such a research as a proof, which determines the importance of the topic of the research. The practical importance consists in the possibility to use the research results during the evaluation of the polygraph testing and the consideration of the examiner’s report as a proof in the criminal investigation.    

Features of labor relations in quarantine conditions

2020 ◽  
pp. 52-58
Author(s):  
Lesja Kosmii
Keyword(s):  
Law Enforcement ◽  
Labor Relations ◽  
Practical Importance ◽  
Functional System ◽  
Labor Rights ◽  
Personnel Decisions ◽  
Labor Legislation ◽  
Foreign Countries ◽  
Legislative Framework ◽  
Work Method

Goal. The purpose of this work is to analyze the norms of the current labor legislation regarding the regulation of the relations between the employee and the employer in the introduction of any restrictions and anti-epidemic measures in the conditions of national quarantine and prevention in such conditions of violations of labor rights of employees. It is important that during the course of the COVID-19 coronary pandemic measures, they were not only effective but also violated human rights, including work. Method. The methodology includes a comprehensive analysis and generalization of available scientific and theoretical material, experience of foreign countries and formulation of relevant conclusions and recommendations. During the research the following methods of scientific knowledge were used: terminological, comparative, functional, system-structural, logical-normative. Results. During the research it was found that the Ukrainian legislature, including foreign experience, was able to respond promptly to the quarantine situation by adopting anti-crisis laws, which did not neglect labor legislation. This is understandable, because in connection with the announcement of quarantine in the whole territory of Ukraine, employers had to make personnel decisions, and the current legislative framework did not clearly regulate the issues that arose. Scientific novelty. The study found that the updating of labor legislation in the area of labor relations regulation during the national quarantine period allows the employer to use certain forms of labor organization, in which the basic labor rights and guarantees of employees can be preserved. Practical importance. The results of the study can be used in law-making and law enforcement activities, as well as by employers in regulating labor relations with employees during the quarantine period.

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