CRIMINAL PROSECUTION IN THE PERSON OF A VICTIM IN CRIMINAL CASES IN THE RUSSIAN FEDERATION: SOME CURRENT ISSUES AND WAYS TO SOLVE THEM

Author(s):  
Yana Vladimirovna Zhdanova ◽  

The author of this study has considered some problems of legal regulation of criminal prosecution of victims in criminal cases in the Russian Federation. Taking into account the law enforcement practice of Moscow, the Moscow Region, and the Udmurt Republic, he made legislative proposals for their resolution .

2020 ◽  
Vol 15 (11) ◽  
pp. 214-222
Author(s):  
G. N. Kucherov

The paper discusses the issues of choosing the most effective model of criminal proceedings termination, analyzes the proposed in the scientific literature model of refusal of the discretion of the law enforcement officer when making an appropriate procedural decision. The author, based on the practice of the European Court of Human Rights, the Constitutional Court of the Russian Federation and the decisions of the Plenum of the Supreme Court of the Russian Federation, studies the relationship between the principle of justice and the legality of procedural decisions to terminate a criminal case and criminal prosecution. The author concludes that the discretionary model of legal regulation of a criminal case and criminal prosecution termination is an effective means of achieving the purpose of criminal proceedings, allowing the law enforcement officer to make a fair decision, given the nature, degree of social danger of the crime, the circumstances of its commission, information about the identity of the person who committed the crime. Refusal of the discretion of the law enforcement officer in the matter of terminating a criminal case will not only not contribute to the humanization of legislation, but will mark the victory of formalism over justice in criminal proceedings.


Author(s):  
Yekaterina Yakimova

The research of issues connected with the analysis of business risks is relevant because of the problem of qualifying the actions of entrepreneurs under the fraud-related Articles of the Criminal Code of the Russian Federation. Besides, the development of technologies increases the number of frauds in the digital environment, which makes it necessary to determine key features of fraudulent actions connected with the changes in the economic organization of the society connected with the digital transformation of some branches of the world economy in general and Russian economy in particular, of the social sphere, and of the specifics of public administration of some areas of life. The responsiveness of lawmakers manifested in amending a group of Articles in the Criminal Code of the Russian Federation regarding the legal characteristics of fraud, shows that there are some problems in the legislative regulation of this sphere. The author believes that they are caused by an attempt to assess the degree of freedom of enterprise and the degree of involvement of each side of legal relations in the risk of investment. The analysis of legislation, the law enforcement practice, statistical data give reason to believe that most of the problems of legislative understanding of fraud in entrepreneurship are not connected with contradictions in the legal regulation, but rather with the drawbacks of the law enforcement practice, the prevalence of repressive methodology in classifying the actions of entrepreneurs and the inner conviction of the law enforcement employees that entrepreneurs intentionally strive to obtain negative results in any, and primarily entrepreneurial, activities. The author argues that further improvement of the Criminal Code of the Russian Federation will not yield any tangible results, which testifies to a considerable transformation of the fraud-related Articles in the last 15 years. Changes in the practice of enforcement of the criminal law’s articles regarding fraud are only possible after the principles of such work are worked out by the Supreme Court of the Russian Federation, who at present pays much attention to this issue, although some clauses of the Plenary Session of the Supreme Court of the Russian Federation require further analysis and improvement.


2021 ◽  
pp. 93-100
Author(s):  
Oleg V. Voronin ◽  

The concept “legal remedies of prosecutor’s supervision” includes the powers of the prosecutor, acts of prosecutor’s supervision, as well as the procedure for their implementation, which is the methods of their application. The legal remedies of prosecutor’s supervision have a high degree of normative regulation and a more complex content of the main elements. Their implementation is regulated by both the Law on the Prosecutor’s Office and other specific laws. While superficially similar to the traditional remedies of prosecutor’s supervision, they are designed for immediate execution and serve as a form of implementation of the prosecutor’s powers, including the administrative ones. The prosecutor’s powers are understood as the totality of the rights and duties of the prosecutor granted to them by the Law on the Prosecutor’s Office and other federal laws for the implementation of the functions and for the achievement of the goals and objectives assigned to the prosecutor’s office. Traditionally, all powers of the prosecutor are divided into two main groups: general (exercised in all areas) and special (used in certain areas of prosecutor’s activities). Acts of the prosecutor’s response are documented law enforcement decisions of the prosecutor; they contain a legal assessment of the state of legality in each specific case, as well as the requirements of the prosecutor arising from their powers and aimed at ensuring the legal state of the supervised environment. From the acts of the prosecutor’s response, acts of prosecutor’s supervision are separately distinguished; they serve as a form of implementation of the exclusively supervisory function of the prosecutor’s office: protest, presentation and warning. Article 33 of the Law on the Prosecutor’s Office establishes that when exercising prosecutor’s supervision over the legality of compulsory isolation, the prosecutor makes protests and proposals, orders for release, and initiates proceedings on administrative offenses. If signs of a crime are found, the prosecutor sends the investigative jurisdiction materials to decide on the criminal prosecution of the perpetrators. The issuance of special acts of the prosecutor’s response when exercising supervision over the legality of forced isolation is provided for by the Code of Criminal Procedure of the Russian Federation, the Penal Code of the Russian Federation, and the Law on Detention. Special acts include the prosecutor’s resolutions on release from places of compulsory isolation, on exemption from serving illegally imposed disciplinary sanctions, consents and sanctions. In addition, within the framework of these activities, the prosecutor is also guided by the general provisions of the Law on the Prosecutor’s Office and has the right to issue other acts of prosecutor’s supervision and response if there are appropriate grounds.


Lex Russica ◽  
2021 ◽  
pp. 71-78
Author(s):  
I. V. Smolkova

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.


2020 ◽  
pp. 43-46
Author(s):  
Valentina N. Gaponova ◽  
◽  
Varsenik A. Vinogradova ◽  

The article analyzes the changes in the legal regulation of the house arrest and the practice of its imposition. Particular attention is given to the controversial issue of the right of the accused under house arrest to leave the premises for a walk. The authors note that the Normative Transformation of House Arrest, which brought it closer to detention, set the law enforcement task to overcome the established stereotypes in the interpretation of specific provisions related to the essence of this preventive measure. First, it concerns the “regime” of isolation, specifically, the possibility of the accused to take walks. Today, when the house arrest implies ultimate isolation of the accused with the right to live in their home, the court’s permission for the accused to leave the place of residence is not based on the law. The authors conclude that the positive decision of the court is permissible only because of applying the law by analogy. At the same time, it is necessary to take into account the legal positions of the Constitutional Court of the Russian Federation on the responsibility of the state to take care of the health of persons whose possibilities in this part are limited due to the election of preventive measures with isolation from society.


Author(s):  
Lyudmila Garnik

In the article, the author analyzes the legal provisions governing the law enforcement function of the Federal Service of the National Guard of the Russian Federation (Rosgvardia), as one of the significant areas of activity of the created executive authority, designed to carry out state and public security, protection of human and civil rights and freedoms. The analysis of legal acts, according to the author, will allow the identification of unresolved issues at the legislative level and will contribute to the formulation of new proposals to improve the activities of Rosguard units.


2016 ◽  
Vol 4 (9) ◽  
pp. 0-0 ◽  
Author(s):  
Ольга Беляева ◽  
Olga Byelyayeva

The article contains the analysis of the Russian legislation on regulated purchases during the period starting the year 2012. It contains substantiated civil nature of purchasing relations, the circle of people whose purchasing activities are subordinated to the effects of legislation regulating the contractual system and to the Federal law “Of purchase of goods, works and services by certain types of legal entities”. The author traces the trends that are relevant to the development of legislation on purchasing practices. Specially outlined is the trend of extrapolation of the law when this law has no specific group of participants to regulate, and the tendency of creating “the purchasing code”, in other words, to eliminate differentiated legal regulation and to establish common purchase standards to be applied to the whole of contract system. The article describes the possible pending changes in the contract legislation. Also, an attempt is made to assess the effectiveness of the regulated procurements legislation which helps to identify problem areas such as distortions in the meaning of the law the way it is interpreted in by-laws, existence of legal gaps and collisions, lack of uniform law-enforcement standards.


2019 ◽  
Vol 2019 (6) ◽  
pp. 88-91
Author(s):  
Денис Рощин ◽  
Denis Roschin ◽  
Андрей Плутницкий ◽  
Andrey Plutnickiy

The legislation in power allows the folk healing on the basis of a permit issued by the executive government body of the constituent entity of the Russian Federation. Administrative liability for carrying out activities of illegal healing. The paper analyzes Art. 6.2 of the Administrative Code and experience in law enforcement, including judicial in Moscow and the Moscow region.


2021 ◽  
Vol 15 (3) ◽  
pp. 635-641
Author(s):  
Svetlana V. Zavitova ◽  
Nataliya A. Mel’nikova

Introduction: the article considers problematic issues related to the work of management subjects (managers) and attestation commissions in situations when an employee of the penal system of the Russian Federation is dismissed due to the loss of trust. The aim of this study is to identify gaps in the current legislation on the service that arise when a measure of responsibility such as dismissal due to the loss of trust is applied; another aim consists in formulating proposals for improving legislation in this area. Methods: methodological basis of our study is represented by a set of methods of scientific cognition, among which the main place belongs to formal-logical, system-structural, and comparative-legal methods. Results: the study has shown that there are many problematic issues in the law enforcement practice regarding the dismissal of employees due to the loss of trust. The norms of the law do not clearly distinguish the components of corruption offenses for which an employee is subject to dismissal due to the loss of trust or may be brought to another type of liability. The issue regarding the status of the decision of the attestation commission remains unresolved; its decision is of an advisory nature, but at the same time, it is fundamental for making a decision by the employee’s superior. There is an ongoing discussion on the composition of the attestation commission; and options for the selection of independent experts are proposed. Discussion: dismissal due to the loss of trust is a specific type of disciplinary penalty, and its implementation is carried out by authorized management entities within the framework of disciplinary proceedings. The procedure for making a decision on the dismissal of employees of the penal system due to the loss of trust needs further improvement in its legal and organizational aspects, taking into account modern law enforcement and judicial practice.


Author(s):  
Ольга Александровна Алфимова

В статье освещается правовая регламентация вопросов, связанных с исчислением сроков наказания и их зачета в отношении осужденных к лишению свободы, оставленных в следственных изоляторах уголовно-исполнительной системы. На сегодняшний день ст. 72 УК РФ в новой редакции не учитывает такую категорию осужденных, которые в порядке ст. 77 УИК РФ были оставлены в СИЗО (или тюрьме) для выполнения работ по хозяйственному обслуживанию. Еще одним проблемным вопросом в части положений ст. 72 УК РФ в новой редакции является то, что законодатель не учитывает тяжесть совершенного преступления и наличие рецидива в отношении осужденных к лишению свободы женщин. При зачете таким женщинам времени содержания под стражей в срок наказания правоприменитель должен руководствоваться более льготным положением п. «б» ч. 3.1 ст. 72 УК РФ (из расчета 1:1,5), а не 1:1, как у мужчин согласно п. «а» ч. 3.1 ст. 72 УК РФ. Такое «двойное смягчение» закона в отношении осужденных женщин продиктовано, как мы полагаем, принципом гуманизма. Однако в данном случае он нивелирует другие не менее важные принципы уголовного и уголовно-исполнительного законодательства, такие как справедливость, равенство перед законом и законность. This article covers the legal regulation of issues related to the calculation of sentences and their set-off in respect of convicted persons to deprivation of liberty left in remand centres of the penal correction system. To date, Art. 72 of the Criminal Code of the Russian Federation, in its new version, does not take into account such a category of convicts who, in accordance with Art. 77 of the Code of Criminal Procedure of the Russian Federation, were left in a pre-trial detention center (or prison) for the performance of economic maintenance works. Another problematic issue in the part of the provisions of Art. 72 of the Criminal Code of the Russian Federation in the new version, in our opinion, is that the legislator does not take into account the gravity of the crime committed and the presence of recidivism against convicted women to the deprivation of liberty of women. When such women are credited with the time of detention during their sentence, the law enforcement officer should be guided by the more preferential provision of paragraph (b) of paragraph 3.1 Art. 72 of the Criminal Code of the Russian Federation (on the basis of 1:1.5), not 1:1 as in men according to item “a” of Pt 3.1 Art. 72 of the Criminal Code of the Russian Federation. This “double easing” of the law for convicted women is dictated, we believe, by the principle of humanism. However, in this case, it equalizes other equally important principles of criminal and penal enforcement legislation, such as justice, equality before the law and the rule of law.


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