ENSURING THE RIGHT OF THE SUSPECT TO GET ACQUAINTED WITH THE CASE MATERIALS IN THECRIMINAL PROCESS

2021 ◽  
Vol 6 (2) ◽  
pp. 76-81
Author(s):  
Kamoliddin Mavlanov ◽  
Keyword(s):  
Comparative Analysis ◽  
Sufficient Time ◽  
Criminal Proceedings ◽  
Relevant Issue ◽  
Current State ◽  
Foreign Countries ◽  
Legitimate Interests ◽  
The Subject ◽  
Effective Organization ◽  
The Right

This article is aimed at protecting the rights and legitimate interests of a suspect in the course of criminal proceedings, during which it is his right to protection that has beeninvestigated. Awareness of persons defending their interests in criminal proceedings, based on the materials of work at the early stages of the process, affects the effective organization of protection. The subject, who is obliged to prove, will have to provide the suspect with sufficient time and conditions to organize his defense. The article uses a comparative analysis to study the current state of our national criminal procedure legislation on the relevant issue, the experience of developed foreign countries

scholarly journals ON A PROSECUTOR AS A SUBJECT OF PROVING ON PRE-TRIAL STAGES OF A NATIONAL CRIMINAL PROCEDURE

2020 ◽  
Vol 12 ◽  
pp. 27-30
Author(s):  
Aleksey A. Zakharyan ◽  
Keyword(s):  
Preliminary Investigation ◽  
Criminal Procedure ◽  
Legal Regulation ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
Scientific Methods ◽  
Foreign Countries ◽  
The Subject ◽  
Forensic Tools ◽  
The Right

The participation of the prosecutor in the criminal process covers both his judicial and pre-trial stages. It is well known that the prosecutor in the Russian criminal process acts as the subject of evidence, not only as the state prosecutor, but mainly as the person conducting the criminal process or observing (supervising) his proceedings in the pre-trial stages of criminal proceedings. In the doctrine of the Russian criminal process, starting with the Charter of the Criminal Procedure of 1864 and up to and including the modern Code of Criminal Procedure of 2001, the prosecutor, to one degree or another, acted as a full-fledged subject of evidence in the preliminary investigation. In the current legal regulation of the prosecutor, despite a number of sign if I can t deformations of his procedural status, it can be attributed to full-fledged subjects of evidence. After the well-known reform of June 5, 2007, which significantly affected the procedural status of the prosecutor at the pre-trial stages of the criminal process, the prosecutor, in the opinion of many well-known procedural scientists (the positions will be given in the presentation of the material), ceased to be a full-fledged subject of proof, since the participation of the prosecutor in evidence is associated with the availability of authority to collect, verify and evaluate evidence. The Russian prosecutor is deprived of forensic tools, he does not have the right to independently collect evidence by carrying out investigative actions, and in relation to the investigation he is deprived of even the authority to give the investigator binding instructions on collecting and verify in evidence. Based on the objectives of the study, the author assesses the content of the powers of the prosecutor as the subject of evidence in the pretrial stages of Russian criminal proceedings When writing the article, the author used general scientific methods (analysis, induction, deduction and others and private scientific methods (formal logical, comparative, legal). Based on analysis of the latest trend since forming the pre-trial stages of the criminal process of foreign countries, it is proposed to clarify the procedural status of the prosecutor in pre-trial proceedings.

scholarly journals Criminal-legal ensuring of freedom of religion in modern conditions: a comparative analysis

2021 ◽  
Vol 39 (68) ◽  
pp. 620-649
Author(s):  
Sophia Ya. Lykhova ◽  
Borys D. Leonov ◽  
Tetiana D. Lysko ◽  
Natalya K. Shaptala ◽  
Sergiy I. Maksymov
Keyword(s):  
Comparative Analysis ◽  
Criminal Law ◽  
International Standards ◽  
Freedom Of Religion ◽  
Legal Systems ◽  
Legal Method ◽  
Foreign Countries ◽  
The Subject ◽  
Constitutional Right ◽  
The Right

The article conducts a comparative criminal law investigation to ensure freedom of religion in Ukraine and some countries. The subject of the study is a person's right to freedom of religion guaranteed by the Ukrainian Constitution. In conducting this research, a comparative legal method was widely used, which allowed a two-tier analysis (empirical and theoretical) of the legal systems of Ukraine and some foreign countries in terms of ensuring freedom of religion under criminal law, to identify the originals and specific manifestations of such support, to determine the patterns of development of each country's criminal law. As a result of the investigation, some gaps and advantages of Ukrainian law were identified in terms of criminal law guaranteeing the right to freedom of religion. Itstates that Ukraine's modern criminal law generally complies with international standards for the protection of citizens' constitutional right to freedom of religion, but there are some shortcomings in terms of unequivocal understanding of the elements of crimes that violate freedom of religion, which are worth discussing.

scholarly journals International Standards for Ensuring the Right to Liberty and Personal Security in Criminal Proceedings of Ukraine

2020 ◽  
Vol 9 (29) ◽  
pp. 250-257
Author(s):  
Valeriy Dmytrovych Pcholkin ◽  
Olena Valeriivna Fedosova ◽  
Liubov Vyacheslavna Kotova ◽  
Valentina Alexandrovna Merkulova
Keyword(s):  
System Analysis ◽  
International Standards ◽  
Criminal Proceedings ◽  
Personal Security ◽  
Legal Standards ◽  
European Court ◽  
European Values ◽  
Legitimate Interests ◽  
The Subject ◽  
The Right

The purpose of this research is to analyze international legal standards that guarantee the right to liberty and personal security in criminal proceedings. The subject of the study was the requirements of international acts, the decision of the European Court of Human Rights and the provisions of the current criminal procedural legislation of Ukraine on the issues of guaranteeing and securing of that right. The authors of the article used the following methods: dialectics, comparative legal, system analysis, formal logic. The relevance of the topic of this article depends on the fact that the current direction of the reform of the criminal procedural legislation is aimed at strengthening the legal guarantees for the protection of a person, protection of his rights, freedoms and legitimate interests in criminal proceedings. Such a fundamental right of every human being as the right to liberty and personal security is no exception to this. In this context, the legal mechanisms for the application of coercive measures need to be reviewed, re-evaluated and adjusted. This, of course, reflects the approximation of national law to international legal standards, European values, the establishment of the rule of law, and so on.

scholarly journals Subjects of the Right to Appeal to the Court in Cases of Recognition of Inheritance as Escheat

2021 ◽  
pp. 70-94
Author(s):  
Nadiia BONDARENKO-ZELINSKA ◽  
Maryna BORYSLAVSKA ◽  
Oksana TRACH
Keyword(s):  
Human Rights ◽  
The Public ◽  
Scientific Analysis ◽  
The Status ◽  
Land User ◽  
Legitimate Interests ◽  
The Subject ◽  
Government Body ◽  
The Right ◽  
Do So

The article explores certain problems of law enforcement practice in recognizing inheritance as escheat. The subject of scientific analysis is the subject composition of these procedural relations. Applicants in this category of cases can be conditionally divided into two groups: 1) persons obliged to submit an application to the court for recognition of the inheritance as escheat, and 2) persons who have the right to do so. The persons who are obliged to apply to the court for recognition of the inheritance as escheat are territorial communities. On the basis of an analysis of the legislation, it was established that in the case where a united territorial community was formed in a certain territory, it is authorized to apply to the court for recognition of the inheritance as escheat. On behalf of the local self-government body as a representative of the territorial community (united territorial community), a lawsuit may be initiated to recognize the inheritance as escheat: 1)by its headman or 2) another person authorized to do so according to the law, statute, regulation, employment contract. That is, there can be both self-representation and representation on the basis of a special assignment. It received additional justification for the ability of the prosecutor’s office to submit an application for recognition of the inheritance as escheat in the absence of a territorial community. In such a case, the public prosecutor's office shall represent the legitimate interests of the State in court, in accordance with article 56 of the Code of Criminal Procedure, as a body or person entitled to defend the rights, freedoms and interests of others (human rights defender). The possibility of participating not only as an applicant but also as a human rights defender is justified. The possibility of self-representation of local self-governments in cases of recognition of inheritance as escheat by a headman is proposed. It is further argued that such a possibility should be provided for in the Headman’s Regulations, which are approved by the relevant local councils. The peculiarities of initiation of production by subjects for whom the application to the court for recognition of the inheritance as escheat is a right, not an obligation (creditors of the testator, owners and/or users of adjacent land plots) are analyzed. If an applicant in cases of recognition of the inheritance as escheat is a creditor, documents confirming the existing obligations in relation to the debtor-testator should be attached to the application. Recommendations are made on a list of documents that can confirm the status of an applicant-related land user to apply to the court for recognition of the inheritance as escheat. It is proposed to amend Art. 335 CPC of Ukraine on the necessity to provide the originals of written evidence together with a statement on the recognition of the inheritance as escheat. The role of a notary in cases of recognition of inheritance as escheat has been investigated. It is proposed to provide in the legislation the right of a notary to submit to the court an application for recognition of the inheritance as escheat. It is proposed to improve the way of informing the public about the discovery of an inheritance that has no heirs.

scholarly journals Financial leasing as financial and credit support for investment activities of enterprises

2018 ◽  
pp. 59-68
Author(s):  
Tetiana Vasylieva ◽  
Liudmyla Zakharkina ◽  
Oleksii Zakharkin
Keyword(s):  
Comparative Analysis ◽  
Subject Matter ◽  
Statistical Data ◽  
Credit Market ◽  
Legal Regulation ◽  
Financial Leasing ◽  
Current State ◽  
The Subject ◽  
Scientific Rationale

The purpose of the article is to provide scientific rationale of the place and role of financial leasing in financial and credit support for investment activities of enterprises. The subject matter of the research includes various aspects of the current state of financial leasing and ways of its advancement in Ukraine. The article provides an analysis of investment activities based on the volume of investments in Ukraine and determines the role of financial leasing as a funding for investment resources of enterprises. The paper also examines the legal and regulatory framework for financial leasing operations and highlights different interpretations of this form of financing as well as its formal indicators. An analysis of statistical data on the financial and credit market provides important insights into trends of financial leasing contracts and the volume of loans issued to corporate borrowers, and thus makes it possible to conclude that there is a lack of leasing operations in business activities of entities. The point is mainly supported by the fact that financial leasing contracts which have been made lately are not widespread enough after the crisis in 2014. The dynamics of changes in the volume of leasing contracts by dates of signing is considered, and it is found that there is a tendency to shortening the duration of financial leasing services. An industry factor of providing financial leasing services is taken into consideration and the main industries where these services are widespread are described. The existing approaches to evaluating the effectiveness of leasing contracts are systematized. The key challenges that hinder the growth of leasing in Ukraine are identified. The research methods used in the article include: analysis, synthesis and abstraction (for forming the rationale and developing the terminological and conceptual framework of the study); comparison, systematization and logical generalization (for examining the concept of financial leasing, its legal regulation and specific features of using in Ukraine); statistical, structural and comparative analysis (for exploring ways of advancement of financial leasing in Ukraine).

COMPARATIVE ANALYSIS OF LABOR ORGANIZATION AS A FACTOR OF CONVICTS` CORRECTION IN FOREIGN COUNTRIES

2021 ◽  
pp. 137-140
Author(s):  
Анна Владимировна Мусалева ◽  
Никита Алексеевич Кубасов
Keyword(s):  
Comparative Analysis ◽  
Russian Federation ◽  
Developed Countries ◽  
Forced Labor ◽  
Penal System ◽  
Labor Protection ◽  
Labor Discipline ◽  
Foreign Countries ◽  
The Russian Federation ◽  
The Right

В статье рассмотрен такой инструмент исправления осужденных, как общественно полезный труд, который в Российской Федерации на законодательном уровне признан одним из эффективных инструментов исправления наряду с другими основными средствами исправительного воздействия. В работе в том числе рассматриваются проблемы принудительного труда осужденных. Авторы раскрыли порядок и условия организации привлечения к трудовой деятельности лиц, содержащихся в пенитенциарных учреждениях зарубежных стран. В статье проводится сравнительный анализ особенностей содержания, условий привлечения к труду осужденных в зависимости от вида пенитенциарного учреждения различных государств, организации работы осужденных, а именно оплаты труда, продолжительности трудовой деятельности, норм охраны труда, реализации права на отдых и социального обеспечения. Авторы помимо этого обобщают опыт трудовой дисциплины осужденных в пенитенциарных системах ряда развитых в экономическом и социальном плане государств. Изучая опыт зарубежных стран по привлечению заключенных к труду, представляется возможным перенять некоторые важные особенности, которые могут быть частично внедрены в отечественную уголовно-исполнительную систему. The article considers such a tool for the correction of convicts as socially useful work, which in the Russian Federation at the legislative level is recognized as one of the effective tools of correction along with other basic means of correctional influence. The article also deals with the problems of forced labor of convicts. The authors revealed the procedure and conditions for organizing the employment of persons held in places of forced isolation from the society of penitentiary institutions of foreign countries. The paper provides a comparative analysis of the features of the content, conditions for the employment of prisoners, depending on the type of penitentiary institution in different states, the working methods of prisoners, namely, remuneration, duration of work, labor protection standards, the exercise of the right to rest and social security. The authors also summarize the experience of labor discipline of prisoners in the penitentiary systems of a number of economically and socially developed countries. Studying the experience of foreign countries in attracting prisoners to work, it is possible to adopt some important features that can be partially implemented in the domestic penal system.

„PACIJENTOVO PISMO“ KAO PRAVNI OSNOV ZA PRIMENU PASIVNE EUTANAZIJE

2021 ◽  
pp. 211-229
Author(s):  
Aleksandra Pavićević ◽  
Keyword(s):  
Living Will ◽  
Self Determination ◽  
Foreign Countries ◽  
Prolongation Of Life ◽  
The Subject ◽  
Constitutional Right ◽  
The Right ◽  
The Relationship ◽  
Domestic Law ◽  
Dying Patient

The subject of the paper is the relationship between the duties of physicians and other medical professionals towards the dying patient (as a provider of medical services) and the patient's right to personal choice and preservation of his own right to self-determination in relation to body and life, which is a special subjective civil right. The author discusses the legal-medical (but also ethical) issue of the patient's ability to freely decide not to agree to a medical measure of artificial prolongation of life or suspension of already started measures. The issue is examining the limits of the so-called permissibility of “passive euthanasia”, which is indirectly recognized in domestic law by the Law on Patients' Rights and the legal basis for its application in one particular modality, the so-called "Patient letter" (living will) which is an established legal instrument in some foreign legislation and practice. Analyzing the experience of some foreign countries, the author supports the introduction of such an institute - as a kind of anticipated directives in domestic law, referring to the patient's constitutional right to self-determination, which embodies the supreme good, even more valuable than (unwanted) life. Such a solution is in line with the principle of human will autonomy, freedom to dispose of life as a personal good, and potentially a reflection of the so-called "the right to die", which is the reverse of the right to life

4. The course of the trial

Evidence ◽  
2019 ◽  
pp. 140-200
Author(s):  
Roderick Munday
Keyword(s):  
Criminal Proceedings ◽  
Criminal Cases ◽  
Trial Judge ◽  
The Core ◽  
The Subject ◽  
The Right

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter discusses the following: the right to begin; the role of the trial judge; the judge’s right to call a witness; examination-in-chief; hostile witnesses; cross-examination; re-examination; calling evidence relating to witnesses’ veracity; witness support; the Crown’s right to reopen its case; and special protections extended to various classes of witness in criminal cases. Many of the rules apply to civil and criminal proceedings alike. However, as elsewhere in this book, the accent will be on rules of criminal evidence.

scholarly journals Architecture-Design Problems And Improvement Of Gardens/Parks In Armenia

2021 ◽  
pp. 172-179
Author(s):  
Martin Harutyunyan
Keyword(s):  
Architecture Design ◽  
Design Issues ◽  
Design Problems ◽  
Current State ◽  
Foreign Countries ◽  
History Of ◽  
Compositional Design ◽  
The Right ◽  
The Given ◽  
The City

In Yerevan, as well as in a number of other Armenian cities, gardens were designed and constructed mainly during the Soviet era, and most of them were transformed, distorted and devastated in the first decade of the period of independence. In the last decade, a unique number of gardens/parks have been built or reconstructed in Yerevan. The city of Yerevan needs this kind of investigation. To observe and analyse the current state of gardens and parks, architectural and design structures as well as compositional design issues and problems concerning Yerevan’s gardens and parks can be the first study in the Armenian history of design and architecture We still do not have any information about similar research efforts in the given sphere carried out in the countries neighbouring Armenia and other foreign countries. This article presents the right process of modernization and/or construction of gardens/parks based on the study of the best models envisions and requires application and implementation of different tools of compositional design and modification not only in the design proper of gardens/parks, but also in the external design and aesthetic nuances of the adjacent surrounding, leaving any compositional design setup unchanged.

scholarly journals Duty of Proving of a Civil Suit in Criminal Proceedings

2019 ◽  
pp. 137-144
Author(s):  
Serhii Krushynskyi
Keyword(s):  
Criminal Procedure ◽  
Active Part ◽  
Unanimous Opinion ◽  
Criminal Proceedings ◽  
Successful Performance ◽  
Property Damage ◽  
Civil Proceedings ◽  
Civil Suit ◽  
Legitimate Interests ◽  
The Right

The article is devoted to the analysis of some problematic questions related to the duty of proving of civil suit in criminal proceedings in Ukraine. In the criminal procedure doctrine there is no unanimous opinion of which subjects are required to engage into proving activities aimed at detection of civil suit circumstances in criminal proceedings. Concepts «duty of proving» and «burden of proving» are delineated by author. The position that the burden of proving is determined by the interests of participants in criminal proceedings was supported. The content of the burden of proving of civil suit in criminal proceedings covers the need to representation of evidence to justify (or refute) the amount of property damage, the depth of the suffering, and the amount of property compensation for non-pecuniary damage. The material and procedural interest of the civil plaintiff and the civil defendant in the outcome of the criminal proceedings encourages them to take an active part in the criminal procedural proving, in particular by representation of evidence available to them. The publicity (officiality) of criminal proceedings causes differences in the procedure for proving the grounds and size of a civil suit in criminal proceedings compared to civil proceedings. It is concluded that the duty of proving of civil suit circumstances lies on the prosecution party (investigator, prosecutor). The civil plaintiff, the civil defendant, their representatives are complete subjects of proving, but their activity in proving is a right, but not a duty. For the successful performance of their procedural functions, the defense of their legitimate interests, these persons are empowered to represent evidence, to participate in their research. So, they are given the opportunity to contribute to the correct resolution of criminal proceedings, in particular in the civil suit part. The subjects involved in the criminal proceedings who have a duty of proving should provide a possibility of realization of the right to represent evidence by other participants in the process.

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