scholarly journals Problematic issues of prevention and counteraction to domestic violence by the prosecutor's office

2021 ◽  
Vol 12 (4) ◽  
Author(s):  
Yara Olena ◽  
◽  
Stasiuk Nadiia ◽  
Keyword(s):  
Domestic Violence ◽  
Empirical Method ◽  
Criminal Cases ◽  
Analysis And Synthesis ◽  
Procedural Support ◽  
Women And Children ◽  
Legislative Activity ◽  
The Right ◽  
Women Violence

In today's reality, the issue of combating and preventing domestic violence is extremely important, as a large number of women and children are victims of such violence, although there are cases of domestic violence against men as well. In this paper, the issue of the role of the prosecutor's office in preventing and combating domestic violence was considered. The problems of legislative regulation of prosecutorial activity in the system of prevention and counteraction to domestic violence are also studied. In the process of writing the paper, the method of analysis and synthesis, empirical method and method of comparison were used. And, indeed, it is rightly noted in the topic of this article that this is still a problem. First of all, due to the fact that the current legislation does not clearly regulate what actions prosecutors can prevent or counteract domestic violence, as their powers include direct procedural support of such criminal cases, ie after such violence has already occurred. In our opinion, in order for the prosecutor's office to be able to effectively prevent and combat domestic violence, we propose to amend Article 131-1 of the Constitution of Ukraine, which defines the functions of the prosecutor's office in general and the prosecutor in particular. It is appropriate to supplement this article with a part that would give the prosecutor's office the right to take preventive measures to prevent and combat domestic violence. The research conducted in this paper can form the basis of legislative activity in the adoption of amendments to legislation governing the legal relationship in the field of preventing and combating domestic violence. Keywords: prosecutor's office, prosecutor, prosecutor's office, domestic violence, violence against women, violence against children, prevention of violence, counteraction to violence

scholarly journals right to receive legal assistance in criminal proceedings in Russia and in foreign countries

2021 ◽  
Vol 5 (S3) ◽  
Author(s):  
Elena A. Kupryashina ◽  
Dmitry V. Boev ◽  
Anna A. Gileva ◽  
Anzhelika I. Lyakhova ◽  
Sergey F. Shumilin
Keyword(s):  
Integrated Approach ◽  
Legal Assistance ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Scientific Methods ◽  
Foreign Countries ◽  
Analysis And Synthesis ◽  
The Right ◽  
To Receive

The paper analyses the legislation of the Russian Federation and some foreign countries on the right of citizens to provide them with legal assistance in criminal cases, as well as the problems arising in its implementation. The paper also summarizes the experience of the studied countries in order to improve their legislation in this area of criminal justice. Methodologically, the work uses scientific methods of analysis and synthesis, as well as historical and comparative methods; all are given in an integrated approach. Among the conclusions, we underline the fact that some countries are introducing norms and tendencies from international law into their legal systems; the basic international principles of lawyer's activities, including principles for defenders, are fixed in the basic principles on the role of lawyers, which describe the right to receive free legal aid for those who are the poor; also that citizens have the right to choose a representative of their interests in the judiciary and have the opportunity to contact with their defenders at any time.

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 CRIMINAL PROSECUTION OF TERRORIST CRIMES IN JURY TRIAL: LEGALITY AND APPROPRIATENESS

2019 ◽  
Vol 7 (5) ◽  
pp. 674-677 ◽  
Author(s):  
Zyufyar Shakirovich Gataullin ◽  
Alexander Yurevich Epihin ◽  
Oleg Aleksandrovich Zaitsev ◽  
Ekaterina Pavlovna Grishina ◽  
Andrey Viktorovich Mishin
Keyword(s):  
Statistical Data ◽  
Jury Trial ◽  
Criminal Prosecution ◽  
Constitutional Rights ◽  
Criminal Cases ◽  
Legal Proceedings ◽  
Constitutional State ◽  
Analysis And Synthesis ◽  
Teachers And Students ◽  
The Right

Purpose: Scientific views of processualists concerning Institute of jurors are given in the article. Some experts defend activity of jury, others - categorically against such form of legal proceedings. Methodology: The methodological basis of this research is made by a dialectic method. Special methods of knowledge were used: logic-legal; comparative, historical, sociological, system and structural, statistical, method of the analysis and synthesis, legal modeling. Result: On the basis of the analysis of statistical data and materials of jurisprudence the author's position of rather a criminal prosecution in court with the participation of jurors on criminal cases of terrorist orientation, in the conditions of absence at defendants of the right to petition on such court is stated. The need for differentiation of legality and expediency of restriction, constitutional rights of defendants on the jury is proved. The concrete measures directed to an increase in efficiency of criminal prosecution in the conditions of the constitutional state are proposed. Results of a poll of practical workers are given: investigators, prosecutors, and judges who spoke in favor of the made offers directed to an increase in efficiency of criminal legal proceedings. Applications: This research can be used for the universities, teachers, and students. Novelty/Originality: In this research, the model of Criminal Prosecution of Terrorist Crimes in Jury Trial: Legality and Appropriateness is presented in a comprehensive and complete manner.

scholarly journals PLANNING OF THE LEGISLATIVE ACTIVITY AND ITS IMPORTANCE IN THE IMPROVEMENT OF LEGISLATION AND THE LEGISLATIVE PROCESS OF THE REPUBLIC OF KAZAKHSTAN

2017 ◽  
pp. 28-35
Author(s):  
Жанна Тлембаева ◽  
Zhanna Tlembaeva
Keyword(s):  
Practical Interest ◽  
Legislative Process ◽  
Information Transparency ◽  
Legislative Initiative ◽  
Legislative Activity ◽  
The Republic ◽  
The Government ◽  
The Right ◽  
Legislative Activities

Some issues of lawmaking activity planning in the Republic of Kazakhstan as one of the important components of legislative activity are discussed, and its importance in improving legislation is analyzed in the article. The author pays special attention to the types and stages of the legislative process In the Republic of Kazakhstan. The main problems of planning the legislative activity of the Government and of other subjects of lawmaking are considered. Also the ways to improve the planning of lawmaking activity taking into account the current realities of the development of the legislative process in the Republic of Kazakhstan are proposed. Planning of legislative activities in Kazakhstan needs to be improved and, first of all, by means of increasing the information transparency of planning, the development of forecasting, improving the coordination of planning of subjects of the right of legislative initiative and the development of regulatory support for planning. The issues of application of technologies of legislative forecasting as an obligatory element of lawmaking are separately considered. The conclusion about the role of planning of lawmaking activity in counteraction to the processes of «shadow lobbying» is substantiated. It seems that the implementation of these proposals will ensure an increased role for planning in the country’s legislative process. In the context of the problems studied, the question of the legislative activity of the subjects of the legislative initiative and the subjects of lawmaking has considerable scientific and practical interest. The author reveals a tendency to reduce the lawmaking activity of the deputies of the Parliament against the backdrop of the growing legislative activity of the Government.

scholarly journals Formation of legislation on local referendums in Ukraine: problems and perspectives

2018 ◽  
Vol 6 (3) ◽  
pp. 5-11
Author(s):  
V. V. Kravchenko ◽  
A. O. Yanchuk
Keyword(s):  
Local Community ◽  
Additional Protocol ◽  
Democratic State ◽  
The Subject ◽  
Legislative Activity ◽  
Community Issues ◽  
Legislative Improvement ◽  
Definition Of ◽  
The Right

The article deals with the issues related to the definition of the conceptual framework of the new legislation of Ukraine on local referendums in the context of the requirements of the Additional Protocol to the European Charter of Local Self-Government on the right to participate in local government affairs, which was ratified by the Verkhovna Rada of Ukraine on September 2, 2014. The proposals on the legislative consolidation of the subject of local referendums, the order of their appointment, the legal force of decisions taken at referendums, etc. are formulated.The authors emphasize that legislative regulation of the initiation, organization and conduct of local referendums requires significant legislative improvement. To date, enough legislative initiatives have been developed in the field of initiation, organization, holding of local referendums and the implementation of their decisions. To implement such work in the current legislative field, a coordinated and coordinated work of the Verkhovna Rada of Ukraine and the President of Ukraine is necessary.The article concludes that the adoption of the Law «On Local Referenda» has long been overdue, and therefore the adoption of any legislative initiatives in this direction will be a step forward towards the development of a legal, democratic state in which citizens will be able to exercise their right to participate in the management of state affairs not only through state authorities and local self-government bodies, but directly – through a referendum.Consideration in the legislative activity of the Parliament of the directions of improvement of the legislation on local referendums given by us will significantly increase the role of the local referendum in the mechanism of solving local issues by the territorial community, will help to create real ways of direct solving local community issues by a territorial community.

THE ROLE OF PHYSICAL EXERCISES IN THE ORGANISM STABILITY INCREASING TO EMOTIONAL STRESS

2020 ◽  
Author(s):  
Petr Petrovich Nikolaev ◽  
◽  
Anastasiya Vladimirovna Timofeeva
Keyword(s):  
Stress Resistance ◽  
Modern World ◽  
Physical Culture ◽  
Regular Exercise ◽  
Physical Exercises ◽  
Literary Sources ◽  
Analysis And Synthesis ◽  
The Right ◽  
Improve Health

The task of the article is to study the essence of stress on the basis of a theoretical analysis of psychological literature and substantiate the role of physical culture in its prevention. Analysis and synthesis of these literary sources indicate that in the modern world no one is protected from stresses that are the cause of many diseases, which is why there is a need for the formation of the right lifestyle and regular exercise in order to improve health and develop stress resistance

Family Mediation in Child Custody Cases and the Concealment of Domestic Violence

Affilia ◽  
2018 ◽  
Vol 33 (4) ◽  
pp. 509-525 ◽  
Author(s):  
Mariachiara Feresin ◽  
Natalina Folla ◽  
Simon Lapierre ◽  
Patrizia Romito
Keyword(s):  
Domestic Violence ◽  
Child Custody ◽  
Family Mediation ◽  
Legal Documents ◽  
Power And Control ◽  
Semistructured Interviews ◽  
Parental Couple ◽  
Women And Children ◽  
And Control

While mediation is commonly used in custody negotiation, there is no consensus regarding its applicability in domestic violence cases. The aim of this qualitative study in Italy was to explore the role of family mediation in the management of child custody in cases involving domestic violence. Semistructured interviews were conducted with lawyers ( N = 5), social workers ( N = 15), and abused women who had separated from their children’s fathers ( N = 13). Legal documents were also analyzed. The results showed that violence against women and children had often been concealed during mediation, as the professionals involved had failed to detect domestic violence or had labeled it as conflicts. Moreover, the “parental couple” had been dissociated from the “marital couple,” and the responsibility for the abuse had been attributed to both parents. As a result, women and children had been blamed and had experienced secondary victimization, while the perpetrators’ patterns of power and control had continued. The results also revealed that those professionals had not known about and had not applied the Istanbul Convention, which provides guidelines to ensure women’s and children’s safety. Recommendations highlight the need to account for the complexity of domestic violence cases, to hold perpetrators responsible for the abuse, and to support the victims.

Victims and Offenders

2019 ◽  
pp. 123-150
Author(s):  
George P. Fletcher
Keyword(s):  
International Criminal Court ◽  
The United States ◽  
Criminal Court ◽  
Private Life ◽  
European Convention ◽  
Criminal Cases ◽  
International Legal Order ◽  
Definition Of ◽  
The Right

This chapter assesses the role of victims and offenders in criminal cases. The victim is invisible in the definition of crime but omnipresent in the prosecution and sentencing of offenders. In the international legal order, in particular, the victim is front and center, both in the International Criminal Court (ICC) and in lawsuits under the Alien Torts Claim Act. Crime is typically defined by the actions of the offender, and the victim is an incidental consequence. There are many victimless crimes, such as those in the sexual and reproductive arena, which in the United States at least are no longer subject to prosecution on constitutional grounds. The argument for decriminalization is the privacy of the offender, but privacy of the victim can, paradoxically, become an argument for criminalization under the right to a private life codified in the European Convention on Human Rights. The chapter also looks at the duality of victimhood.

scholarly journals “The Court of the Fatherland”

2021 ◽  
Vol 17 (2) ◽  
pp. 54-63
Author(s):  
A. V. Smirnov
Keyword(s):  
Legal Aspects ◽  
The State ◽  
Criminal Cases ◽  
The Right ◽  
Law Making

The article deals with the problematic issues of the formation and development of the institution of trial by jury. Illuminated the question of the content and role of various conceptual approaches: is a jury a “court of the fatherland” or does it exist as long as the state sees its own interest in its existence. The author formulates his position on these approaches and their reflection in the legislation. The article also discusses the constitutional and legal aspects of the stated topic. In particular, the question of what is the constitutional and legal content of the right to trial by jury, and whether it can practically be reduced to zero by means of sectoral law-making, is raised and studied. The article examines the question of the competence of the jury-the categories of criminal cases that need to be considered. The article considers the problematic issues of the formation of a jury court and outlines possible ways to solve them.

scholarly journals The Roles of Local Government in Preventing Woman Trafficking in Laws No 21 of 2007 Perspective That Concer to Crime of Human Trafficking in District of Bone

2018 ◽  
Vol 6 (10) ◽  
Author(s):  
Nur Paikah
Keyword(s):  
Human Rights ◽  
Local Government ◽  
Human Trafficking ◽  
Human Being ◽  
Role Of Government ◽  
Positive Rights ◽  
Women And Children ◽  
The Government ◽  
The Right

This research aims to analyze the process the role of government of human trafficking. Research was conducted at Bone Regency. Methods used the case study method by using a qualitative approach. The results showed human trafficking is one of the crimes against humanity, because this act has violated human rights, and the majority are victims of women and children. Referring to the Law that, every human being, especially women and children, has the right to live peacefully and properly as they should. Therefore, the right of life of every human being cannot be reduced by anyone and under any circumstances including not allowed to be traded, especially women and children. This is where the role of the government, especially the local government of Bone Regency, seeks to guarantee the protection of positive rights for them for their lives. In this case the local government of Bone Regency provides protection and prevention of human trafficking, especially women and children as a form of respect, recognition and protection of human rights is stated explicitly in Article 58 of Law Number 21 of 2007 concerning Crime of Trafficking in Persons.

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