scholarly journals FEATURES OF JOURNALISTS ACCESS TO COURT HEARINGS ON CRIMINAL CASES IN UKRAINE

Author(s):  
Mariana Khmyz ◽  

The article reveals the features of journalists access to court hearings to consider criminal cases in Ukraine, and on the basis of this, general conclusions are formulated that have theoretical and practical significance.

2020 ◽  
Vol 15 (1) ◽  
pp. 36-45
Author(s):  
M. F. Yelchiev

The paper substantiates the relevance of historical experience of the legal regulation in the context of the modern reform of the prosecutor’s work aimed at elimination of obstacles to consideration and resolution of criminal cases with a view to ensure the adoption of a lawful and reasonable decision on the case, which will certainly contribute to the achievement of the objectives of criminal proceedings. The paper investigates the cases of the 19th century when prosecutors returned criminal cases for additional investigation at the pre-trial stage of criminal proceedings. The author has examined the evolution of the goals, objectives and functions of the institution of return of cases by the prosecutor for further investigation in the specified period. The subject of the study amounts to the examination of the institution of additional investigation from the standpoint of its historical genesis. The author focuses on the analysis of the procedure applied to cases returned by the prosecutor for further investigation, the grounds for investigation and ways of correcting the revealed violations. Taking into account the historical experience, the author comes to the conclusion that it is necessary to improve the activity of the prosecutor aimed at eliminating obstacles. The author has formulated and substantiated proposals for modernization of the legal regulation of the procedure under consideration, as the return of the case for additional investigation constitutes a reserve mechanism for achieving the purpose of criminal proceedings that has restorative nature with regard to the legal rights and interests of the participants of criminal proceedings and their compliance with the relevant legal procedure. This procedure is important for making the right decision on the merits. Thus, the purpose of the work is to elucidate the process of formation and functioning of the institution of additional investigation enshrined in the Charter of Criminal Proceedings. To achieve this goal, the basic scientific methods (dialectical method of cognition, method of systematic analysis, deduction and induction, methods of comparisons and analogies, and a number of others) have been used. The main objectives of the study have been achieved on the basis of the comparative legal method. The practical significance of the work is that it justifies the need for legislative unification of legal norms regulating the activities of the prosecutor aimed at removing the obstacles to the consideration and resolution of criminal cases and introduction of appropriate amendments and additions to normative legal acts that would coordinate the procedure for sending cases by the procurator for additional investigation in strict compliance with the fundamental principles of domestic criminal proceedings.


Narkokontrol ◽  
2020 ◽  
Vol 4 ◽  
pp. 8-10
Author(s):  
Elena G. Bykova ◽  

Purpose: legal analysis of theoretical and practical aspects of determining the age of criminal responsibility for inducing a person under the age of 18 to use narcotic drugs. Methodology: the fundamental method was dialectical. When studying the regulations governing the issues of bringing minors to justice, the formal legal method was used. The hypothesis about the correctness of the wording of paragraph «a» of Part 3 of Art. 230 of the Criminal Code of the Russian Federation. Analyzed judicial practice and scientific publications on the issue under study. Conclusions: the author concluded that the absence of a legislative limitation makes it possible to assess according to paragraph «a» of Part 3 of Art. 230 of the Criminal Code of the Russian Federation actions of a person aged sixteen to eighteen years. Scientific and practical significance: the scientific significance of the research is expressed in the development of scientifically grounded proposals containing the answer to the question about the age of the person involved in paragraph «a» of Part 3 of Art. 230 of the Criminal Code of the Russian Federation. The noted problem can be further disclosed in detail in scientific research. Practical significance is determined by the fact that the conclusion reasoned by the author can serve as a guideline in the investigation and consideration of criminal cases under paragraph «a» of Part 3 of Art. 230 of the Criminal Code of the Russian Federation for the formation of a unified approach.


Author(s):  
Anna V. Serebrennikova ◽  
Maksim V. Lebedev

The widespread prevalence of terrorist crimes, as well as the problems of qualifying hostage taking and demarcation from related crimes, are currently relevant for scientific research. The theoretical and practical aspects contained in the norm on criminal liability for hostage taking have had a long and ambiguous history; they require studying the genesis of the norm on hostage taking and the practice of its application. The work contains only significant records of domestic jurisprudence, containing norms on criminal liability for hostage taking from origins up to the present. Methodology: deduction, induction, methods of synthesis, analysis, historical and formal logical research. Conclusions: 1. The history of the application of the norm on criminal liability for hostage taking is fraught with qualification problems at all stages. These problems are ambiguous and are expressed by the fact that the legislator, under the influence of external and internal factors, makes mistakes in the systematization and codification of the criminal law, often losing the line between the norm and related crimes. As for external factors, in our understanding they are also the norms of international law on hostage taking, which, influencing the national law of the USSR, went through the stages of their development, creating norms by trial and error. For example, the rule did not apply if the taking occurred within the same state and the hostage and the perpetrators were its citizens. 2. The analysis of official statistics starting from the single crimes of the Soviet period, the post-perestroika mass crime boom of the 90s of the last century caused by the political crisis, ending with the statistical recession and the relatively well-coordinated work of state structures of the 2000s allows us to conclude that there are calculus flaws. 3. The introduction of the category of public safety has led to a significant decrease in statistical indicators, due to qualifications through related crimes. In this regard, according to lawyers, the reduction in hostage taking has a technical or static character. This led to a proportional increase in qualifications in related crimes. Scientific and practical significance: The study presented in the article gives an ontological idea of the development of the norm, reveals the technique of law making in the design of the norm on hostage taking. The conducted research is based on the materials of judicial practice in specific criminal cases, which may be of interest to researchers of this norm. These examples show the presence of law enforcement errors in the qualification of terroristic crimes, which can be perceived by practitioners as educational material. The article can serve as a source of scientific information for students of law schools, graduate students and applicants, as well as for researchers involved in the study of the national criminal law of the Russian Federation


Lex Russica ◽  
2019 ◽  
pp. 160-171
Author(s):  
E. K. Antonovich

 The paper covers the current problems of applying the wiretapping results in the process of establishment of evidence in criminal cases, taking into account the modern requirements for information technology.In recent years, there have been some studies on the use of information technology in establishment of evidence. However, most of them deal with the problems of the use of electronic media and «electronic evidence» in criminal proceedings. The order of the analyzed event, as well as other operational investigative measures, is regulated not by the criminal procedural legislation, but by the legislation on investigative activities. In this connection, in the legal literature, discussions regarding the procedure of introduction of the wiretapping results in criminal proceedings are not dying out. The study of different opinions is not only of interest for the development of scientific thought, but also has practical significance, since it determines the admissibility of evidence and creates the necessary guarantees to ensure the rights and legitimate interests of the individual in criminal proceedings. All this does not lose the relevance in the era of digitalization.In order to search for resources to improve the efficiency of establishment of evidence, the paper provides an analysis of the positive experience of legislative regulation in some foreign countries both as ways to use information technology in the process of wiretapping, and the use of the wiretapping results in establishment of evidence. Special attention is given to the rights and legitimate interests of the person involved in the orbit of criminal proceedings.


Author(s):  
K. Culbreth

The introduction of scanning electron microscopy and energy dispersive x-ray analysis to forensic science has provided additional methods by which investigative evidence can be analyzed. The importance of evidence from the scene of a crime or from the personal belongings of a victim and suspect has resulted in the development and evaluation of SEM/x-ray analysis applications to various types of forensic evidence. The intent of this paper is to describe some of these applications and to relate their importance to the investigation of criminal cases.The depth of field and high resolution of the SEM are an asset to the evaluation of evidence with respect to surface phenomena and physical matches (1). Fig. 1 shows a Phillips screw which has been reconstructed after the head and shank were separated during a hit-and-run accident.


Author(s):  
J.D. Shelburne ◽  
G.M. Roomans

Proper preparative procedures are a prerequisite for the validity of the results of x-ray microanalysis of biological tissue. Clinical applications of x-ray microanalysis are often concerned with diagnostic problems and the results may have profound practical significance for the patient. From this point of view it is especially important that specimen preparation for clinical applications is carried out correctly.Some clinical problems require very little tissue preparation. Hair, nails, and kidney and gallbladder stones may be examined and analyzed after carbon coating. High levels of zinc or copper in hair may be indicative of dermatological or systemic diseases. Nail clippings may be analyzed (as an alternative to the more conventional sweat test) to confirm a diagnosis of cystic fibrosis. X-ray microanalysis in combination with scanning electron microscopy has been shown to be the most reliable method for the identification of the components of kidney or gallbladder stones.A quantitatively very important clinical application of x-ray microanalysis is the identification and quantification of asbestos and other exogenous particles in lung.


2009 ◽  
Vol 14 (4) ◽  
pp. 363-371 ◽  
Author(s):  
Laura Borgogni ◽  
Silvia Dello Russo ◽  
Laura Petitta ◽  
Gary P. Latham

Employees (N = 170) of a City Hall in Italy were administered a questionnaire measuring collective efficacy (CE), perceptions of context (PoC), and organizational commitment (OC). Two facets of collective efficacy were identified, namely group and organizational. Structural equation models revealed that perceptions of top management display a stronger relationship with organizational collective efficacy, whereas employees’ perceptions of their colleagues and their direct superior are related to collective efficacy at the group level. Group collective efficacy had a stronger relationship with affective organizational commitment than did organizational collective efficacy. The theoretical significance of this study is in showing that CE is two-dimensional rather than unidimensional. The practical significance of this finding is that the PoC model provides a framework that public sector managers can use to increase the efficacy of the organization as a whole as well as the individual groups that compose it.


2008 ◽  
Author(s):  
Richard L. Wiener ◽  
Stacie Nichols
Keyword(s):  

1973 ◽  
Vol 29 (01) ◽  
pp. 183-189
Author(s):  
C. A Praga ◽  
E. M Pogliani

SummaryTemperature represents a very important variable in ADP-induced platelet aggregation.When low doses of ADP ( < 1 (μM) are used to induce platelet aggregation, the length of the incubation period of PRP in the cuvette holder of the aggregometer, thermostatted at 37° C, is very critical. Samples of the same PRP previously kept at room temperature, were incubated for increasing periods of time in the cuvette of the aggregometer before adding ADP, and a significant decrease of aggregation, proportional to the length of incubation, was observed. Stirring of the PRP during the incubation period made these changes more evident.To measure the exact temperature of the PRP during incubation in the aggre- gometer, a thermocouple device was used. While the temperature of the cuvette holder was stable at 37° C, the PRP temperature itself increased exponentially, taking about ten minutes from the beginning of the incubation to reach the value of 37° C. The above results have a practical significance in the reproducibility of the platelet aggregation test in vitro and acquire particular value when the effect of inhibitors of ADP induced platelet aggregation is studied.Experiments carried out with three anti-aggregating agents (acetyl salicyclic acid, dipyridamole and metergoline) have shown that the incubation conditions which influence both the effect of the drugs on platelets and the ADP breakdown in plasma must be strictly controlled.


Author(s):  
S. A. Piyavsky ◽  
S. R. Kiryukov ◽  
A. S. Kuznetsov ◽  
G. A. Kulakov

The article presents a structural description of the functioning of the regional information and communication system “Student and Labor” (SAL). This system is aimed at identifying and developing creatively gifted youth in the field of science, techniques and technology and is focused on the gradual involvement of university students in real work and interaction with leading enterprises in the region. The first cycle of the SAL system functioning is described, which has a complete character and has already led to a concrete result. The bank of information about the leading enterprises of the region that took part at the initial stage of the functioning of the SAL system were formed as well as the bank of 150 themes of scientific research for student projects, which were proposed by the enterprises themselves. All projects are focused on the practical significance of research for the enterprises themselves, as well as for students, their supervisors from universities and scientific consultants from enterprises that have embarked on joint research activities, which at the first stages are mostly of informational and educational nature. The Union of Employers of the Samara Region and the Council of Rectors of Universities in the Samara region are already taking the necessary measures to implement the described cycle of the functioning of the system SAL in the current academic year.


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