PECULIARITIES OF THE PROCEDURAL STATUS OF SUBJECTS WHICH HAVE THE OBLIGATION OF PROOF DURING THE PRE-TRIAL INVESTIGATION OF CRIMINAL OFFENSES

2017 ◽  
Author(s):  
Andrii Vorobey ◽  
Keyword(s):  
Legal Status ◽  
Criminal Procedure ◽  
Legal Regulation ◽  
Point Of View ◽  
Law Enforcement Agencies ◽  
Legal Norms ◽  
Procedure Code ◽  
Criminal Offenses ◽  
Judicial Investigation ◽  
Definition Of

The article considers the peculiarities of the procedural status of the subjects who are obliged to prove criminal offenses during the pre-trial investigation, taking into account the latest changes in the current criminal procedure legislation made in connection with the adoption of the Law of Ukraine n Amendments to Certain Legislative Acts of Ukraine Concerning Simplification of Pre-trial Investigation of Certain Categories of Criminal Offenses". The author notes that this issue is little studied in the scientific literature and relevant from a practical point of view. The peculiarities of the procedural status of the head of the inquiry body are studied, a number of problematic issues of legal regulation of the powers of the specified subject of evidence are indicated and it is proposed to amend the current version of Article 391 of the Criminal Procedure Code of Ukraine to eliminate contradictions. The procedural status of the interrogator and the person authorized to carry out pre- trial investigation of criminal offenses is analyzed, offers on modification of item 401 of the Criminal procedure code of Ukraine are presented. It is also proposed that the bylaws of the relevant law enforcement agencies provide for qualification requirements for persons authorized to investigate criminal offenses in the form of higher legal education in the specialty "Law", as the lack of qualification requirements may adversely affect the quality of pre-trial investigation of criminal offenses. The content of Articles 84, 92 and 94 of the Code of Criminal Procedure of Ukraine is analyzed, proposals are made to supplement these legal norms after the word "investigator" with the word "interrogator". The specific circle of subjects on which the duty of proof during the pre-judicial investigation in the form of inquiry is assigned is defined. According to the author of the article, further areas of research of certain problematic issues are a comprehensive doctrinal study of the legal status of such subjects of evidence as the interrogator and head of the inquiry body, determination of legal guarantees of their activities and procedural independence, definition of functions and tasks assigned to these subjects.

scholarly journals ISSUES AND PROSPECTS FOR IMPROVEMENT IN SIMPLIFYING THE PRE-TRIAL INVESTIGATION

2021 ◽  
Vol 75 (2) ◽  
pp. 132-139
Author(s):  
Andriy Vorobey ◽  
Keyword(s):  
Legal Status ◽  
Full Range ◽  
Practical Importance ◽  
Criminal Procedure ◽  
Negative Consequences ◽  
Procedure Code ◽  
Criminal Offenses ◽  
The Moment ◽  
Definition Of ◽  
National Police

The article deals with the problematic issues of pre-trial investigation of criminal offenses, under investigation by the units of the National Police of Ukraine, have not been studied in the scientific literature. The author of the article points out the problems of the legal status of a head of an inquest body, the author's definition of this term is given and proposed changes to the current criminal procedural legislation, which should eliminate legal gaps. Considered the inconsistencies of the current criminal procedural legislation in terms of regulating the order of attachment for seizure of the property during the pre-trial investigation of criminal offenses. Analyzed judicial practice on this issue and proposed changes to legislation according to the needs of practice. The drawbacks are noted in establishing the terms of pre-trial investigation of criminal offenses, which are caused by the need to conduct psychiatric and other forensic examinations, it is proposed to provide in the Criminal Procedure Code of Ukraine for an inquiry period of 2 months from the moment a person is informed of suspicion. The author's specified legal inconsistencies in the issue of regulating the conduct of a search during an inquiry, it is indicated that there is a need to standardize Articles 234–236 of the Criminal Procedure Code. Due to fact that the activities of the inquest bodies of the National Police of Ukraine are noticeably inefficient, it is proposed to introduce a shortened inquiry procedure in order to implement the principle of economy in the criminal process and saving resources used during the pre-trial investigation.The current procedural form of criminal investigation in Ukraine provides for the need to conduct a full range of investigative and procedural actions in a short time, even for obvious criminal offenses, when the suspect unequivocally pleads guilty and compensates for the damage, which has negative consequences. The introduction of an abbreviated procedure for inquiry is possible only for a clearly defined range of criminal offenses, the legislation must approve guarantees to ensure the rights of suspects from law enforcement abuses and the criteria under which an abbreviated form of inquiry is impossible. The study of the possibility of implementing an abbreviated order of inquiry is of practical importance and is an important area for further study.

scholarly journals ДЕЯКІ ПРОБЛЕМИ ТИМЧАСОВОГО ВИЛУЧЕННЯ ТА АРЕШТУ МАЙНА ЯК ЗАХОДІВ ЗАБЕЗПЕЧЕННЯ КРИМІНАЛЬНОГО ПРОВАДЖЕННЯ

2019 ◽  
Vol 13 ◽  
pp. 520-528
Author(s):  
І. В. Гловюк
Keyword(s):  
Criminal Procedure ◽  
Point Of View ◽  
Criminal Proceedings ◽  
Procedure Code ◽  
The Subject ◽  
Definition Of

Стаття присвячена дослідженню проблемних питань застосування тимчасового вилу­чення майна та арешту майна як заходів забезпечення кримінального провадження із урахуванням наявної судової практики. Указано та обґрунтовано некоректність норма­тивного визначення тимчасового вилучення майна. Відмічено прогальність нормативного визначення арешту майна в аспекті об'єктів, на які може бути накладено арешт. Сфор­мульовано пропозиції щодо внесення змін та доповнень до ч. 1 ст. 167 КПК щодо ви­значення поняття «тимчасове вилучення майна» та ч. 1 ст. 170 КПК щодо осіб, на майно яких може бути накладено арешт.   The article is dedicated to the research of problematic issues of exercise of temporary seizure of property and arrest of property as means for ensuring criminal proceedings considering relevant judicial practices. Author mentioned and justified his point of view regarding incorrectness of the normative definition of seizure. Author also indicated whitespaces of the regulatory definition of arrest of property in the aspect of objects that may be the subject for the arrest. Proposals for amendments and additions to the part 1 of the Art. 167 of the Criminal Procedure Code regarding the definition of «temporary seizure of property» and part 1 of the Art. 170 of the Criminal Procedure Code regarding the scope of persons whose property may be arrested have been made.

scholarly journals Legal status of a law enforcement official of Mongolia

2021 ◽  
Vol 2021 (4) ◽  
pp. 172-180
Author(s):  
Nyamsuren Erdenebulgan
Keyword(s):  
Law Enforcement ◽  
Legal Status ◽  
Administrative Law ◽  
Point Of View ◽  
Law Enforcement Agencies ◽  
Enforcement Official ◽  
Legal Situation ◽  
Special Service ◽  
Wide Range ◽  
Definition Of

The author highlights the issues related to the essence and implementation of the legal status of a law enforcement official. These issues are the focus of attention of scientists (primarily specialists in administrative law), legislators, civil society, as well as of the employees themselves. The terms «legal status» and «legal situation» are analysed in details. The issues related to the definition of the legal status of a law enforcement official of Mongolia are considered. The author presents a wide range of opinions of lawyers on the content of the concept of «legal status of a law enforcement official», gives various classifications of the term of legal status, and presents his vision of this problem and its solution with regard to law enforcement agencies of Mongolia. The author agrees with the point of view of those specialists who point out that the specificity of the legal status of a law enforcement official, his rights and duties, requires adopting other components, such as responsibility, which are quite justified. The author also underlines that there is almost no mention of the key-concept «a law enforcement official» in Mongolian legislation. This led to a conclusion that this concept should be legalized before being considered in details. The research also briefly discusses the main results of the extensive work on reforming police in 2011–2015. The author notes that the absolute following the example of Western countries was not appropriate. Thus, the author criticizes some aspects of the transition of the police from a special service to a public one, for example, the procedure for assigning special ranks by positions held, which led to an outflow of specialists from the law enforcement sphere to other areas. The author concludes that legally fixed features characterizing the legal status of a law enforcement official are far from exhaustive and require further rethinking, research, improvement in law-making and law enforcement.

scholarly journals Argumentation in Favor of the Legal Confirmation of the Principle of Good-Faith Discharge of Tax Obligations

Taxes ◽  
2021 ◽  
Vol 1 ◽  
pp. 7-12
Author(s):  
Maryana B. Napso ◽  
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Legal Regulation ◽  
Point Of View ◽  
Good Faith ◽  
Legal Definition ◽  
Direct Dependence ◽  
Complex Approach ◽  
The Russian Federation ◽  
Definition Of

Throughout studying of a problematics of conscientiousness in article the question of legislative fastening of a category of conscientiousness from the point of view of various approaches is considered. Considering the complex approach necessary in questions of legal definition of the maintenance of this or that category, the author insists on introduction of concepts of conscientiousness, the diligent tax bearer, a presumption of conscientiousness not only and it is not so much within the limits of separate norms and articles, how many on necessity of reduction of maintenance НК the Russian Federation according to them. The legal regulation in such context when conscientiousness is a letter and spirit of the law, demands revision of set of its positions, concerning legal status of tax bearers, tax departments, tax agents, banks, a legal regulation of actions of tax control and consideration of their results, the tax information etc. Hence, for the author it is a question of giving to legal regulation of a certain orientation, a formulation new концепта, according to which: 1) the diligent person always has advantage before unfair, and the more so before the defaulter; 2) the diligent person cannot be put in the worst position, than unfair; 3) granting of tax privileges demands a recognition of the person the diligent; 4) application of special tax modes is put in direct dependence on a recognition of the person by the diligent. Thus, in a basis of legal regulation of a principle of conscientiousness the author puts the approach based on a recognition of a difference of legal status of persons depending on execution by them of a duty on payment of taxes that, in its opinion, to the greatest degree corresponds to taxation major principles — compulsions, generality, equality and justice.

scholarly journals Mechanism of removal of a forensic expert in criminal proceedings: problem issues

2020 ◽  
pp. 33-41
Author(s):  
Liliia MARTYNOVA ◽  
Iryna STASHEVSKA ◽  
Liliia KUZMENKO
Keyword(s):  
Criminal Procedure ◽  
Research Process ◽  
Legal Regulation ◽  
Point Of View ◽  
Structural Method ◽  
Criminal Proceedings ◽  
Systematic Analysis ◽  
Legal Norms ◽  
Its Analysis ◽  
Forensic Expert

Introduction. The Convention for the Protection of Human Rights and Fundamental Freedoms states that everyone has the right to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law to establish the validity of any criminal charges against him. Impartiality, impartiality, objectivity of all subjects involved in criminal proceedings, including a forensic expert, are the key to a fair and efficient trial. The purpose of the paper is a comprehensive, comprehensive study of the mechanism of removal (self-removal) of a forensic expert in criminal proceedings and its analysis in terms of regulations and application in practice. Results. To achieve this goal in the research process used a system of general scientific and special research methods. Terminological analysis was used to reveal the concepts used in the study. The system-structural method was used during the conditional division of the mechanism of withdrawal (self-withdrawal) into stages in accordance with the current CPC of Ukraine. The application of the method of systematic analysis of legal norms allowed to identify gaps, contradictions in the CPC of Ukraine and to formulate proposals for its improvement. The statistical method was used in the study of regulations, formation and substantiation of conclusions. According to the results of the study, a conditional division of the mechanism of withdrawal (self-withdrawal) into stages in accordance with the current CPC of Ukraine was carried out and characterized; outlined and analyzed the grounds for dismissal on which the expert can not perform its function in accordance with current criminal procedure legislation of Ukraine; identified gaps in the legislation governing some aspects of the withdrawal mechanism; problematic practical issues of the procedural order of application for withdrawal (self-withdrawal) are clarified. Conclusion. During the research, substantiated proposals and recommendations were developed and formed, aimed at improving the current criminal procedure legislation on the removal of an expert in order to increase the effectiveness of its application. The scientific novelty of the obtained results is that in the first place, the mechanism of removal (self-removal) of a forensic expert in criminal proceedings is comprehensively studied and its analysis from the point of view of legal regulation and application in practice is carried out.

scholarly journals PLASMA OF BLOOD: LEGAL STATUS AND TURNOVER THEREOF IN RUSSIAN AND EUROPEAN CIVIL LAW SYSTEMS

2016 ◽  
Vol 2 (4) ◽  
pp. 0-0
Author(s):  
Виолетта Трубина ◽  
Violetta Trubina
Keyword(s):  
Blood Plasma ◽  
Russian Federation ◽  
Legal Status ◽  
Legal Regulation ◽  
Point Of View ◽  
Raw Material ◽  
Human Blood Plasma ◽  
Legal Norms ◽  
The Status ◽  
The Russian Federation

The shortage of blood plasma medicine in the Russian Federation has made the production of domestic medicine a top priority task of the state. Until recently the blood products were made mainly by state-owned enterprises, nowadays this has become very attractive for privately owned companies. In practice, they have to deal with the ambiguity of the status and transferability of blood plasma at different stages of the medicine production line. Therefore, the issue of legal regulation of plasma as the main raw material for the production of blood medicine has become to be a practical issue. This article attends to the problem of the nature and legal status of human blood plasma from the point of view of currently effective laws of the Russian Federation and European legislation. Special attention is paid to the basic principles applied to the use of human tissues and organs. The author reviews the legal regulation relating to the status of a human body and its organs from the point of view of international legal norms, civil legislation of the EU, Switzerland and the Russian Federation. Also, the author reasons the proprietary nature of the blood plasma as a source for biological medicine, and describes the factors limiting its transferability. The conclusion contains brief description of the legal status of the blood plasma.

scholarly journals The legal regulation of the preliminary investigation bоdies activities according to UPK Uzbek SSR 1929

2021 ◽  
pp. 226-237
Author(s):  
A. A. Muhitdinov
Keyword(s):  
Public Relations ◽  
Preliminary Investigation ◽  
Criminal Procedure ◽  
Legal Regulation ◽  
Criminal Process ◽  
Legal Norms ◽  
Procedural Law ◽  
Stage Of Development ◽  
Procedure Code ◽  
History Of

At the present stage of development of the criminal procedural legislation of the Republic of Uzbekistan, many legal institutions that have a long history of doctrinal development have received normative consolidation. Among them is the institution of participants leading the criminal process at the stage of pre-trial investigation. In the history of Uzbekistan, the activities of these subjects of the criminal process were regulated by numerous normative legal acts, including codified ones. The first Criminal Procedure Code of the Uzbek SSR was adopted in 1926. Soon the Uzbek SSR Criminal Procedure Code of 1929 entered into force. In comparative legal terms, the latter was significantly inferior to the previous one in terms of the degree of detail in the regulation of criminal procedural relations with the participation of pre-trial investigation bodies. Analysis of the content of the legal norms of the Criminal Procedure Code of 1929, regulating the activities of these bodies, allows us to identify features that, from the standpoint of the modern vision of the optimal model of the Criminal Procedure Code of Uzbekistan, are assessed as shortcomings in the legal regulation of the relevant public relations. As such, we can name the following: the CPC does not contain norms defining the sources of criminal procedural law; the code does not provide for a separate chapter devoted exclusively to investigative actions, a detailed description of their procedural form; there is no clear delineation of the competence of the bodies of inquiry and the investigator; the investigator is by law entrusted with supervisory functions that are not characteristic of him in relation to the bodies of inquiry; the Criminal Procedure Code does not include a norm prohibiting persons conducting a preliminary investigation from obtaining evidence by violence, threats, etc.; The Criminal Procedure Code determined the existence of sufficient data, and not evidence, as the basis for the accusation. After being charged, the person acquired the status of a defendant, not an accused; the application of preventive measures, including detention, was carried out by the investigator independently, without the sanction of the prosecutor, which testified to the absence of guarantees of the observance of the right to personal inviolability.

The legal regulation of service and combat activities of the security and defense sector of Ukraine in crisis situations

2021 ◽  
Vol 28 (2) ◽  
pp. 76-85
Author(s):  
Serhii V. Bielai ◽  
Oleksandr F. Kobzar ◽  
Ihor V. Yevtushenko ◽  
Vasyl Korniienko ◽  
Oleksandr V. Koba
Keyword(s):  
Law Enforcement ◽  
Legal Regulation ◽  
Law Enforcement Agencies ◽  
Special Operations ◽  
Legal Norms ◽  
Joint Forces ◽  
State Governance ◽  
Definition Of ◽  
Military Activity ◽  
Crisis Situations

The article states that nowadays situations in Ukraine shows that the theory of military activity of law enforcement forces needs a new development in the terms of settlement of armed confrontation in separate areas of Donetsk and Luhansk areas. Therefore, the issues of regulatory and legal support of law enforcement agencies in responding to crisis situations come to the fore. The analysis of normative legal acts shows that legal norms are not formulated clearly enough and ambiguously interpreted by law enforcement agencies. Therefore, it is necessary to refine the legislative mechanism for preventing and responding to crisis situations that threaten the national security of Ukraine. Therefore, the purpose of the research is to comprehensively reveal the essence and features of the legal regulations of combat operations of the security and defense sector of Ukraine in crisis situations and to develop specific practical recommendations, scientifically sound proposals for improving State governance in this field. In order to research the best practices of Ukraine on the functioning of Public mechanisms of response of the security and defense sector of Ukraine to crisis situations during the Anti-Terrorist Operation and the Joint Forces Operation in some districts of Donetsk and Luhansk regions, an expert survey of anti-terrorist security experts was conducted. The results of the survey provided an opportunity to identify the main problematic issues in the functioning of the anti-terrorist security system and provide appropriate development proposals. The State authorities today need to focus on improving the organization of management, establishing interagency cooperation between government agencies, increasing the level of pre-training of personnel, a clear definition of tasks for law enforcement units during special operations. Areas of further research will be aimed at developing State mechanisms of responding by the components of the security and defense sector of Ukraine to crisis situations

SMART CONTRACT: CONCEPT, LEGAL REGULATION, ASPECTS OF CONSUMER PROTECTION

2021 ◽  
Vol 14 (4) ◽  
pp. 236-247
Author(s):  
IRINA VIKTOROVNA ERMAKOVA ◽  
◽  
◽  
Keyword(s):  
Social Relations ◽  
Legal Status ◽  
Legal Regulation ◽  
Fundamental Rights ◽  
Smart Contracts ◽  
Legal Norms ◽  
Legal Relationship ◽  
Smart Contract ◽  
The Subject ◽  
Definition Of

The subject of the research is legal norms aimed at regulating by law relations in the field of concluding and executing smart contracts, including issues of protecting the rights of the parties to such contracts, including consumers. The object of the research is social relations arising in the process of creating, concluding and executing of smart contracts. Particular attention is paid to the theoretical and practical aspects of the definition of the concept of “smart contract” and its essence, as well as its legal status. In addition, the article considers approaches to defining the essence of institutions that are closely related to the category of “smart contract”, such as “cryptocurrency”, “digital ruble”, “mining”. The aspects of the protection of fundamental rights of the parties involved in the considered legal relationship, including consumers, are also analyzed. Examples of court decisions regarding the corresponding category of cases are given. The novelty of the research lies in determining the current approaches in relation to the essence, concept and legal status of smart contracts, including the current position of law enforcement practice in relation to this issue. In addition, the novelty of the study lies in considering the practical aspects of the conclusion and execution of smart contracts, including, indicating examples of blockchain platforms on the basis of which smart contracts can function. Ultimately, the study led to the development by the author of some proposals in order to improve the relevant legislation. In particular, the author proposed to consolidate at the legislative level the legal definition of the concept of “smart contract”, indicating the appropriate wording.

PENAL PROCEDURE AND ITS PLACE IN REGULATORY SYSTEM

2021 ◽  
pp. 95-100
Author(s):  
Павел Сергеевич Солоницын
Keyword(s):  
Regulatory System ◽  
Criminal Procedure ◽  
Point Of View ◽  
Constitutional Rights ◽  
Criminal Punishment ◽  
Legal Norms ◽  
The Status ◽  
Definition Of ◽  
Criminal Legislation ◽  
Legal Mechanism

В статье анализируется соотношение материальной процедуры уголовно-исполнительного права с уголовно-процессуальным и уголовным законодательством. Делается вывод об оригинальном характере материально-правового регулирования, применяемого в нормативной системе исполнения уголовных наказаний. Уголовно-правовые нормы напрямую воздействуют на процесс исполнения наказания, поскольку их применение судом при назначении наказания связано с определением его основных параметров. Уголовно-правовые нормы, относящиеся к наказанию, являются составной частью комплексной отрасли уголовно-исполнительного права. Будучи нормативными предписаниями, они влияют на степень исправления осужденного уже после вступления приговора в законную силу. Вместе с нормами, определяющими статус гражданина в период отбывания им наказания, они составляют содержание ограничений конституционных прав и свобод в этот период. Уголовно-исполнительная процедура как часть правового механизма определяет порядок реализации ограниченных наказанием прав и свобод, исполнение обязанностей, взаимодействие осужденных с должностными лицами исправительных учреждений. Опровергается точка зрения на уголовно-исполнительное право как завершающую стадию уголовного процесса. Вопросы, разрешаемые на стадии исполнения приговора судом, по правилам УПК РФ не имеют отношения к процедуре исполнения уголовного наказания. Делается общий вывод о том, что уголовно-исполнительная процедура: а) представляет собой нормативно установленную модель поведения осужденных в рамках исполнения в отношении них конкретного наказания; б) состоит из актов поведения осужденных, нормативно установленной деятельности сотрудников учреждений и органов УИС; в) нацелена на достижение социально значимого результата - исполнения назначенного судом наказания; г) является критерием оценки степени исправления осужденных как одной из главных целей уголовного наказания; этот критерий является не только социальным, но и юридическим, поскольку влияет на возможность условно-досрочного освобождения и на положительное решение иных вопросов, возникающих на стадии исполнения наказания, а также при фактическом его отбытии (например, назначение административного надзора). The correlation of the material procedure of the criminal executive law with the criminal procedure and criminal legislation are analyzed in the article. The conclusion is made about the original nature of the substantive regulation applied in the normative system of execution of criminal punishments. Criminal legal norms directly affect the process of the execution of punishment, since their application by the court when imposing a punishment is associated with the definition of its main parameters. Criminal law rules related to punishment are an integral part of the complex branch of criminal executive law. As normative prescriptions, they affect the degree of correction of the convicted person after the entry into force of the sentence. Together with the norms that determine the status of a citizen during the period of serving his sentence, they constitute the content of restrictions on constitutional rights and freedoms during this period. The penal procedure as part of the legal mechanism determines the procedure for the implementation of rights and freedoms limited by punishment, the performance of duties, the interaction of convicts with officials of correctional institutions. The point of view on the criminal-executive law as the final stage of the criminal process is refuted. The issues resolved at the stage of execution of the sentence by the court according to the rules of the Criminal Procedure Code of the Russian Federation are not related to the procedure for the execution of criminal punishment. The general conclusion is made that the penal procedure: a) is a normatively established model of the behavior of convicts in the framework of the execution of a specific punishment in relation to them; b) consists of acts of conduct of convicts, statutory activities of employees of institutions and bodies of the penal system; c) is aimed at achieving a socially significant result - the execution of the punishment imposed by the court; d) is a criterion for assessing the degree of correction of convicts, as one of the main goals of criminal punishment; this criterion is not only social, but also legal, since it affects the possibility of parole and the positive solution of other issues that arise at the stage of execution of a sentence, as well as during its actual serving (for example, the appointment of administrative supervision).

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