scholarly journals Basic principles of construction of methodical of criminalistic support judicial proceedings.

2021 ◽  
Vol 3 (3) ◽  
pp. 284-289
Author(s):  
Yuriy Miroshnichenko
Keyword(s):  
Criminal Proceedings ◽  
Criminal Cases ◽  
Basic Principles ◽  
Progressive Movement ◽  
Moral Principles ◽  
Judicial Practice ◽  
Judicial Proceedings ◽  
Scientific Substantiation ◽  
Court Proceedings ◽  
Principle Of Legality

The article is devoted to the formation of key principles of construction of methodical criminalistic recommendations and their complexes, designed to optimize court proceedings, including: – the principle of legality, which means full and accurate compliance with the algorithms for resolving criminalistic situations, which are formed at the stage of court proceedings, the content of current legislation, ethical norms and moral principles; – the principle of theoretical validity and practical applicability, which requires a strong scientific substantiation and proven in practice the effectiveness of the proposed odical recommendations, which take into account both positive experience and errors and shortcomings in the work of judges in criminal cases; – the principle of specificity, which provides the reality of tactical recommendations for working with evidence, the completeness and effectiveness of the developed algorithms, the certainty and accuracy of their content and its compliance with modern judicial practice, objectivity and typicality of situations faced by subjects of criminalistic activity on stage of court proceedings; – the principle of promptness, which means the optimal combination of procedural and criminalistic tools in order to achieve the overall goal of criminal proceedings and aims to develop the methodical criminalistic complexes to ensure the optimal pace of litigation, when the least time achieves the greatest effect of procedural activities; – the principle of planning (phasing), which requires that all processes, actions, operations in court proceedings, carried out on a planned basis, ensuring its progressive movement towards the strategic goal of criminal proceedings, which requires differentiation of methodical algorithms developed by criminalistics in accordance with successive stages of court proceedings; – the principle of situationality (situational conditionality), which is the priority of creating algorithms for resolving typical situations that arise at the relevant stages of the proceedings and are characteristic of all or most criminal cases, regardless of the criminal qualification of the event under investigation.

SOME ISSUES OF PROSECUTOR'S PARTICIPATION IN THE SIMPLIFIED PROCEEDINGS ON CRIMINAL MISDEMEANORS IN THE COURT OF FIRST INSTANCE

2017 ◽  
Author(s):  
Yevhen Nemchynov ◽  
Keyword(s):  
Legal Order ◽  
Legal Issues ◽  
Criminal Proceedings ◽  
Current Regulation ◽  
Judicial Practice ◽  
General Order ◽  
Judicial Proceedings ◽  
Court Proceedings ◽  
Court Of First Instance ◽  
Court Hearing

The article is devoted to problematic issues of the legal order of the court hearing of the indictment on the commission of a criminal misdemeanors. The author notes that according to the content of Part 3 of Art. 382 of the CPC of Ukraine, it is not clear from which stage of the court proceedings such hearing should begin: from preparatory proceedings or immediately from trial. Also, legislator does not define how court should check the indictment for a criminal misdemeanors for compliance with the requirements of the CPC of Ukraine and the correctness of jurisdiction, as well as to address other organizational and legal issues of the possibility of trial. Based on the analysis of judicial practice, it was concluded that current regulation of simplified proceedings for criminal misdemeanors is imperfect and leads to unequal participation of subjects of judicial proceedings, including prosecutor. The article expresses the opinion that in case of shortcomings of indictment regarding the commission of criminal misdemeanors, if any doubts about the correctness of the jurisdiction or the need to suspend the proceedings have appeared, court should appoint a preparatory hearing with the participation of prosecutor to resolve relevant issues under Art. 314 of the CPC of Ukraine. Instead, in the case of receipt of indictment for a criminal misdemeanors without a request from prosecutor for its consideration in summary proceedings or without statements of the suspect or victim, as defined in Part 3 of Art. 302 of the CPC of Ukraine, court is obliged to consider the proceedings in the general order. All other issues that arise during consideration of indictment in summary proceedings do not require a preparatory hearing, and can be resolved by summoning the participants in the criminal proceedings immediately before the trial.

scholarly journals BASIC MODEL OF SEPARATE METHODIC OF JUDICIAL PROCEEDINGS: TASKS, CONTENT, STRUCTURE

2021 ◽  
Vol 77 (4) ◽  
pp. 164-170
Author(s):  
Yuriy Myroshnychenko ◽  
Keyword(s):  
Main Task ◽  
Negative Consequences ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Legal Proceedings ◽  
Basic Model ◽  
Judicial Investigation ◽  
Judicial Proceedings ◽  
Court Proceedings ◽  
Judicial Procedure

The article is devoted to the problem of building a basic model of methodic judicial procedure, which in its content should disclose the activities of the court at all stages of the judicial system, give recommendations on the choice of its directions, procedural actions, use of the most appropriate means of influencing specific court situations complexes of procedural actions and tactics of their carrying out at various stages of judicial proceedings. The basic model of judicial methodical criminalistics complex may have the following structure: a) characteristic of the proceedings of a certain type, including the purpose, objectives and directions of judicial investigation; b) typical court situations that correspond to a certain stage of court proceedings; c) typical systems (algorithms) of procedural actions and criminalistics means of influencing judicial situations in order to implement the tactical tasks stipulated by them. The main task of building a basic model methodic of judicial procedure is to study it from a criminalistics standpoint and develop on the basis of knowledge (identified patterns) practical recommendations for decisions and actions of the court in typical situations of the general judicial procedure. Among the tasks of creating a basic judicial methodic can also include: 1) substantiation of the system of judicial proceedings; 2) selection of typical court situations in relation to each of its stages with the disclosure of the main activities of the court to resolve them; 3) development of generalized tactics of procedural actions, characteristic for each stage of court proceedings; 4) identification of the main forms of counteraction to criminal proceedings and development of ways to minimize its negative consequences. Along with the presence of general patterns of legal proceedings, on which the basic model of judicial methodics is based, it is legitimate to assume the presence of a number of features inherent in certain types of legal proceedings and criminal cases classified according to other criteria. Tier сriminalistic support of requires the development of separate scientific-methodical complexes of a lesser degree of generalization.

Using Specialized Knowledge in Assessing the Reliability of Testimony in Criminal Proceedings: a Retrospective, Doctrinal and Practical Approach

2020 ◽  
Vol 2 (3) ◽  
pp. 165-196
Author(s):  
E. V. Noskova ◽  
◽  
J. A. Putintseva ◽  
Keyword(s):  
Law Enforcement ◽  
Theoretical Basis ◽  
Psychological Research ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Judicial Practice ◽  
History Of ◽  
Judicial Proceedings ◽  
Special Knowledge ◽  
Psychological Knowledge

Introduction. The history of the formation and development of forensic examination as an independent type of criminal procedural activity is long and very ambiguous. The patterns of its occurrence and stages of development predetermine the importance of expertology for modern law enforcement practice. The emergence and active use of new branches of scientific knowledge determine their introduction and influence on criminal proceedings, which is clearly demonstrated by the example of psychology. Theoretical Basis. Methods. The theoretical basis of the work is the scientific developments of domestic and foreign researchers devoted to the study of the possibilities and problems of using special psychological knowledge in assessing the reliability of testimony obtained in the course of pre-trial and judicial proceedings in a criminal case. Research methods – systemic, historical, logical, comparative and hermeneutic. Results. Without psychological and pedagogical special knowledge, it is impossible to imagine modern proceedings in the vast majority of criminal cases involving minors. The article provides a retrospective analysis of the application of non-legal knowledge to reveal lies in the testimony of witnesses, systematizes the experience of modern Russian law enforcement investigative and judicial practice, examines the arguments given in scientific sources and court decisions on the use of special psychological knowledge to substantiate and assess the reliability of the testimony of participants in criminal proceedings.The work examines the current capabilities of psychology and their potential for proving in the course of criminal proceedings, cites the positions of scientists who previously studied the studied complex of material and procedural problems. Discussion and Conclusion. On the basis of the available empirical experience, the author’s conclusion is formulated about the advisability of practical use in the process of proving psychological research of a teacher-psychologist aimed at identifying psychological signs of the reliability and/or unreliability of information reported by participants in criminal proceedings, especially in the process of forming a sequence and in the course of proving, formulating investigative versions, as well as in order to substantiate the conclusions of the investigator and the court with the testimony of an expert, a specialist who conducted the corresponding study. In connection with the identified problems, the necessity of preparing explanations at the departmental level of the significance and procedure for using special psychological knowledge in criminal proceedings is substantiated.

scholarly journals Development of forensic tactics at the stage of mature science

2021 ◽  
pp. 96-1000
Author(s):  
Yu. Myroshnychenko
Keyword(s):  
Criminal Proceedings ◽  
Criminal Cases ◽  
Criminal Process ◽  
Stage Of Development ◽  
Current Trends ◽  
History Of ◽  
Judicial Proceedings ◽  
Court Proceedings ◽  
Tactical Decisions ◽  
Protection Of Participants

The article completes a series of works devoted to the study of the history of forensic tactics. The author’s vision of periodization of formation and development of this section of science is given. It is concluded that the trends of the current stage of development of forensic tactics are determined by radical changes in the evidence paradigm, based on the competitive ideology of the reformed criminal process. This poses a number of urgent tasks for scientists and practitioners, including improving the tactics of interrogation, inspection, search, presentation for identification, and the development of methods for conducting new investigative actions for our judiciary, such as simultaneous interrogation of two or more persons, investigative experiment. The whole spectrum of covert (investigative) investigative actions – an institution also still unknown to the domestic criminal process – is in dire need of tactical and forensic support. The need to substantiate the expediency of expanding the cognitive boundaries of forensic tactics, extending its recommendations to the field of criminal proceedings is becoming more and more tangible. It is necessary to continue developing the theory of court situations, tactical decisions, tactics of judicial interrogation and other procedural actions. The problems of planning court proceedings, in particular in the aspect of ensuring the continuity of court proceedings, remain relevant and require further research on the basis of the provisions of the current legislation. The specific activities of the investigating judge require completely new tactical developments. There is an urgent need to develop tactical recommendations on the means of ensuring criminal proceedings, overcoming the opposition to pretrial investigation and trial of criminal cases, protection of participants in criminal proceedings. Extremely important from the standpoint of current trends in criminal justice is the development of tactical and forensic recommendations to ensure judicial proceedings on the basis of procedural agreements and other special procedures of criminal proceedings (simplified, special, etc.).

scholarly journals Subject and limits of examination evidence in the proceedings of the criminal case in the court of first instance

2020 ◽  
Vol 6 (3) ◽  
pp. 186-195
Author(s):  
Ilya N. Yefimovykh
Keyword(s):  
Criminal Procedure ◽  
Criminal Case ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Judicial Practice ◽  
Criminal Procedure Law ◽  
The Subject ◽  
Court Proceedings ◽  
Court Of First Instance ◽  
Special Order

The article analyzes the norms of the criminal procedure law, the opinions of scientists, judicial practice materials related to the examination of evidence in criminal proceedings in the court of first instance, on the basis of which the author proposed definitions of the notions subject of examination evidence and limits of examination evidence they were compared with the concepts of subject of proof and limits of proof. The study used such research methods as logical, system-structural, statistical. As a result of a study of specific court decisions in criminal cases, differences in the understanding of evidence and the examination of evidence were revealed. A distinction has been made between the subject and the object of the study of evidence at the court hearing. The question of determining the subject matter and the limits of the examination of evidence was analyzed, including with regard to the consideration of the criminal case in a special order of judicial decision of the court, with the consent of the accused with the accusation. The rationale for the view that the examination of evidence takes place during the examination of a criminal case under a special court procedure is given, the circumstances that can be established during the court session, namely, the circumstances that may lead to exemption from punishment, as well as the postponement are analyzed. serving the sentence. These circumstances, if any, are mandatory to be established in court proceedings through the examination of evidence. According to the results of the analysis, proposed measures to improve the norms of the criminal procedure law governing the consideration of the criminal case in a special order of the trial. The question of the scope of the examination of evidence was considered in conjunction with the norms of the criminal procedure law, which established the grounds for the return of the criminal case to the prosecutor.

scholarly journals THE ISSUE OF CLOSURE OF CRIMINAL PROCEEDINGS AGAINST THE DECEASED ACCUSED IN JUDICIAL PROCEEDINGS

2021 ◽  
Vol 12 (2) ◽  
pp. 57-63
Author(s):  
Iryna Hloviuk ◽  
Keyword(s):  
Court Decisions ◽  
Criminal Proceedings ◽  
Legal Procedure ◽  
Judicial Practice ◽  
Judicial Proceedings ◽  
The Difference ◽  
Court Proceedings ◽  
Procedural Decisions ◽  
Death Determination

Based on the analysis of judicial practice, the paper examines the problem of criminal proceedings’ closing in case of suspect’s or accused’s death, except in cases where the proceedings are necessary for the rehabilitation of the deceased, in preparatory proceedings, trials, appeals and cassation proceedings. The purpose of the paper is to identify the characteristics of interpretation and application of paragraph 5 of Part 1 of Art. 284 of the CPC of Ukraine in the proceedings of the court of the first instance, appeal and cassation proceedings, to formulate proposals for amendments to the CPC of Ukraine on the closure of the proceedings on this ground. The main results of the research consist of substantiating the need to standardize the appropriate legal procedure for the rehabilitation of the deceased by enshrining it in the CPC of Ukraine; determination of procedural decisions of the court in the preparatory proceedings and the trial in case of person’s death; determination of procedural decisions of the court in appeal proceedings in case of death of a person in respect of whom an acquittal has been passed; determination of procedural court decisions in appeal proceedings in the event of the death of the acquitted. The conclusions and specific proposals of the author are as follows: the application of paragraph 5 of Part 1 of Art. 284 of the CPC of Ukraine is not well-established in judicial practice, which indicates the lack of uniform interpretation of Art. 284, 417, 440 of the CPC of Ukraine, and the need to clarify the provisions of Art. 417, 440 of the CPC of Ukraine. Guided by paragraph 5 of Part 1 of Art. 284 of the CPC of Ukraine in the preparatory proceedings, the court by its decision closes the criminal proceedings unless the proceedings are necessary for the rehabilitation of the deceased; in court proceedings, the court closes the criminal proceedings by its decision, except in cases when the proceedings are necessary for the rehabilitation of the deceased, in case of initiation of rehabilitation, which has not been confirmed - by its decision closes the criminal proceedings. The wording of Art. 417 and 440 of the CPC of Ukraine do not take into account the difference in the grounds for closing the criminal proceedings and are not adapted for such grounds as the death of the accused. Therefore, it is appropriate to remove from these articles the reference to the reversal of the conviction only. However, as in the case of acquittal, the person is rehabilitated, in case of objections of the defence to revoke the acquittal, it cannot be revoked, however, the proceedings should be closed and further review of court decisions is impossible.

On the Consideration of a Criminal Case Against a Minor by Jury

2021 ◽  
Vol 2 ◽  
pp. 90-96
Author(s):  
E. V. Markovicheva ◽  
Keyword(s):  
Criminal Case ◽  
Jury Trial ◽  
Constitutional Court ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Scientific Discussion ◽  
Judicial Practice ◽  
Criminal Procedure Law ◽  
The Right ◽  
A Minor

The functioning of the jury in Russia has demonstrated not only effectiveness, but also a number of problems that need to be resolved. Such problems include the personal jurisdiction of criminal cases by jury. The article reveals the legal positions of the Constitutional Court of the Russian Federation regarding the right of minors to trial a criminal case in a jury. The approaches to solving this issue that have developed in the judicial practice of individual foreign states are analyzed, the main directions for further scientific discussion regarding the right of minors to a jury trial are outlined. The purpose of the article is to disclose various approaches to the administration of criminal justice in the relations of minors with the participation of lay judges. The theoretical basis of the study was Russian and foreign scientific works in the field of criminal procedure law, devoted both to the consideration of criminal cases with the jury, and the specifics of juvenile criminal proceedings. Using the comparative legal research method has allowed to reveal various approaches to the access of minors to jury trials in individual states. In Russian legislation and judicial practice the question of the right of minors to have a criminal case against them considered by a jury remains unresolved. The position of the Constitutional Court of Russia regarding the jurisdiction of such criminal cases is also controversial. The experience of foreign countries indicates that there is no universal way to ensure the right of a minor to a proper court. This issue is decided depending on the type of criminal process, the presence or absence of specialized juvenile courts. Any direct borrowing in this regard cannot be considered effective, but a generalization of foreign experience can create the necessary basis for optimizing both the work of the jury and criminal proceedings against minors.

scholarly journals The use of digital communication technologies in the context of a pandemic as a way to improve the effectiveness of justice

2021 ◽  
Vol 7 (1) ◽  
pp. 95-101
Author(s):  
E. V. Smakhtin
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Information Technologies ◽  
Criminal Procedure ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Judicial Practice ◽  
The Supreme Court ◽  
Federal Constitutional ◽  
The Russian Federation

The article deals with the peculiarities of the activity of courts in making judicial decisions in the context of a pandemic. First of all, we are talking about the wider use of digital and information technologies in criminal proceedings, which have previously been repeatedly recommended by forensic science for implementation in judicial practice. Some recommendations of criminalistics are currently accepted by the Presidium of the Supreme Court of the Russian Federation in its Decision dated April 08, 2020 № 821 and Review on certain issues of judicial practice related to the application of legislation and measures to counteract the spread of a new coronavirus infection (COVID-19) in the territory of the Russian Federation № 2, which provided appropriate explanations for their use in practice. In particular, we are talking about the possibility of using video conferencing systems for certain categories of criminal cases and materials that are considered urgent, although this is not provided for in criminal procedure legislation. It is concluded that it is necessary to change the current criminal procedure legislation, bring it into line with the Constitution of the Russian Federation, federal constitutional laws, federal laws and subordinate regulatory legal acts, including orders of the Judicial Department under the Supreme Court of the Russian Federation.

scholarly journals Peculiarities of implementation of the principle of legality in the criminal process of Ukraine

2021 ◽  
Vol 1 (1) ◽  
pp. 253-257
Author(s):  
Oleksiy Skryabin ◽  
Dmytro Sanakoiev
Keyword(s):  
Civil Rights ◽  
Criminal Procedure ◽  
Limiting Factor ◽  
Criminal Proceedings ◽  
Legal Regime ◽  
Criminal Process ◽  
Procedural Law ◽  
Judicial Proceedings ◽  
Principle Of Legality ◽  
Discretionary Powers

The article analyzes the principles of criminal procedure, which are the expression of the prevailing political and legal ideas of the state, relate to the tasks and methods of judicial proceedings in criminal proceedings, are enshrined in law and operate throughout all stages and necessarily in its central stage. Modern theoretical ideas about the system of principles of criminal proceedings are still in the stage of active methodological and ideological rethinking. Discussions continue both on the concept and features of the principles of criminal proceedings, their system, and on the peculiarities of implementation at different stages of the criminal process. Violation of the principles of criminal procedure is a sign of illegality of decisions in the criminal and becomes the basis for the cancellation of these decisions. The principle of legality characterizes the legal regime of strict and mandatory observance of laws in law enforcement practice, which manifests itself in criminal proceedings, limits the discretionary powers of the pre-trial investigation, prosecutor's office and court. The principle of legality becomes an opportunity to transfer criminal proceedings from one procedural stage to another only on the basis of the law and in a strictly defined sequence. Legality is one of the guarantees of establishing the truth in a criminal case, which ensures the protection of human and civil rights and freedoms. The principle of legality is characterized by mandatory observance of laws in criminal proceedings, is a limiting factor in the discretion of the pre-trial investigation, prosecution and court. Due to the implementation of the principle of legality, the shortcomings and gaps in the criminal process that exist in criminal procedural law can be overcome.

MEDICAL CRIMINAL LAW IN RUSSIAN FEDERATION: PROBLEMS AND PROSPECTS FOR DEVELOPMENT

2020 ◽  
Vol 13 (6) ◽  
pp. 93-97
Author(s):  
ANNA SEREBRENNIKOVA ◽  
Keyword(s):  
Public Relations ◽  
Criminal Law ◽  
Medical Services ◽  
Educational Institutions ◽  
Criminal Cases ◽  
Related Services ◽  
Legal Norms ◽  
Judicial Practice ◽  
Current State ◽  
Scientific Substantiation

The current state of medical services has long become one of the most important issues of understanding what exactly should serve as a template for their required quality, and why, the role and responsibility of a medical worker are not always considered as the main factors in resolving a situation when the life and health of a patient were exposed to unjustified danger. The article is devoted to the author's new approach to the criminal law regulation of public relations in the field of medical services. Purpose of the article: The author aims to present a scientific approach and scientific substantiation of the possibility of the emergence in the future of a new sub-branch of criminal law - medical criminal law. Methodology and methods: the article uses methods of analysis, synthesis, deduction, as well as the method of interpretation of legal norms, which make it possible to better comprehend the institutions of criminal law and highlight a new branch of law Conclusions: the problem of the presence of imperfections in the current legislation is relevant to study, as evidenced by judicial practice in criminal cases, discussions and works of legal scholars. The author, citing examples from practice, draws attention to the density of the relationship between the sphere of medical services and other related services, and also draws parallels between the grounds that can and should cause the emergence of the considered branch of law. Application of the results: The article is intended for the widest range of readers, including undergraduate and graduate students of higher educational institutions, who study the problems and imperfections of the current criminal law. The material can be used as a guide for the preparation of practical and seminars.

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