Conceptual model of the object, subject and methodology of criminal procedure science

2021 ◽  
pp. 174
Author(s):  
Alexey Afanasyev
Keyword(s):  
Conceptual Model ◽  
Conceptual Understanding ◽  
Criminal Procedure ◽  
Research Infrastructure ◽  
Criminal Process ◽  
Scientific Reflection

This article builds a conceptual understanding of the object, subject and methodology of criminal procedure science through the purpose of the criminal process in the form of the resolution of a criminal dispute. The authors present arguments pointing to the underdevelopment of the internal scientific reflection of criminal procedure science, as well as the research infrastructure of innovations in criminal procedure, and provide a number of methodological recommendations.

Prospects for the Implementation of Special Conciliation Procedures in the Russian Criminal Process

2020 ◽  
Vol 9 ◽  
pp. 99-104
Author(s):  
E. V. Markovicheva ◽  
Keyword(s):  
Criminal Justice ◽  
Restorative Justice ◽  
Justice System ◽  
Criminal Procedure ◽  
Legal Analysis ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
Traditional System ◽  
Common Features ◽  
Legal Method

In the 21st century, the concept of restorative justice has become widespread in criminal proceedings. The introduction of special compromise procedures into the criminal process allows for the restoration of the rights of the victim and reduces the level of repression in the criminal justice system. The traditional system of punishment is considered ineffective, not conducive to the purpose of compensating for harm caused by the crime. Restorative justice enables the accused to compensate for the harm caused by the crime and is oriented not towards their social isolation, but towards further positive socialization. The introduction of the ideas of restorative justice into the Russian criminal process requires the introduction of special conciliation procedures. The purpose of the article is to reveal promising directions for introducing special conciliation procedures into the Russian criminal process. The use of the formal legal method provided an analysis of the norms of criminal procedure legislation and the practice of its application. Comparative legal analysis revealed common features in the development of models of restorative justice in modern states. Conclusions. The introduction of conciliation procedures into the Russian criminal process is in line with the concept of its humanization and reduction of the level of criminal repression. The consolidation of the mediator»s procedural status and the mediation procedure in the criminal procedure legislation will make it possible to put into practice the elements of restorative justice.

Criminal Procedure

2018 ◽  
Author(s):  
Simon Butt ◽  
Tim Lindsey
Keyword(s):  
Criminal Procedure ◽  
Legal Assistance ◽  
Criminal Process

This chapter discusses the criminal procedure laws applicable before a defendant is tried. It is intended to be read alongside Chapter 12, which covers criminal procedure during trials, appeals, post-conviction avenues (including clemency and parole), and potential reforms. This chapter outlines the rules in the Code of Criminal Procedure (KUHAP) relating to police arrest, detentions, and investigations, and the circumstances in which cases may proceed for prosecution. During these stages of the criminal process, suspects and defendants have various ‘on paper’ rights, including: to silence; legal assistance; and to challenge their arrest, detention, or being named a suspect. However, as this chapter shows, these rights are, in practice, routinely ignored.

DEFINITIONS OF CATEGORIES PURPOSE AND TASKS OF CRIMINAL PROCEEDINGS IN THE MODERN CRIMINAL PROCESS

2018 ◽  
Author(s):  
Svitlana Patiuк ◽  
Keyword(s):  
Criminal Procedure ◽  
The State ◽  
Modern Theory ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
Legal Norms ◽  
State Changes ◽  
The Individual ◽  
Goals And Objectives ◽  
Functional Purpose

"Definitions of categories, the goal and objectives of criminal proceedings in modern criminal proceedings" analysed the legal norms and provisions of doctrinal concepts to determine the goals and objectives of criminal proceedings. The author formulated conclusions and generalizations that since criminal proceedings are a sphere of state activity, it depends on the direction of the political course of the state, changes in state policy, which always leads to a change in the ideology of the criminal process as a whole, including the transformation of goals and objectives criminal proceedings. The purpose and objectives of criminal proceedings depend on the historical form of the criminal process, a common feature of which is the ratio of freedom (interests) of the individual and the state, expressed in the procedural position of the main participants in the process. Criminal procedure legislation and doctrine define the resolution of a dispute (conflict) between the state and the accused arising as a result of the commission of a crime as the goal of the criminal process in most countries in which the adversarial nature of criminal proceedings prevails. As the goal of criminal proceedings in the modern theory of criminal procedure, it is proposed to consider the protection of the individual, society and the state from criminal offences in the settlement of criminal-legal conflicts arising as a result of these offences. The goal in the criminal process determines the setting of tasks and represents the ultimate conclusion from the sum of all the tasks being implemented. The task of criminal proceedings should be determined taking into account the functional purpose of the subjects of criminal proceedings, and therefore the task is the fulfilment of his duty by a participant in criminal proceedings, which is determined by his functional purpose, based on the principle of competition of the parties.

scholarly journals The indictment on the Charter of criminal procedure through the prism of the modern criminal process

2019 ◽  
pp. 157-162
Author(s):  
Евгений Рябков ◽  
Evgeniy Ryabkov ◽  
Алексей Зайцев ◽  
Aleksey Zaycev
Keyword(s):  
19Th Century ◽  
Criminal Procedure ◽  
Regional Level ◽  
Criminal Cases ◽  
Criminal Process ◽  
Historical Aspect ◽  
Legal Proceedings ◽  
Current State ◽  
Points Of View ◽  
The 19Th Century

The article deals with the historical aspect of the requirements to the indictment in the Russian legal proceedings in the 19th century, analyzes the points of view of leading scientists in modern realities, draws Parallels of continuity and determines the patterns in the development of the criminal process. The article also analyzes the current state of the return of criminal cases by courts at the regional level on the grounds of violations of criminal procedure legislation in the preparation of indictments.

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.

Execution of a Sentence in the Structure of Criminal Proceedings: Procedural Stage or Special Court Proceedings?

2020 ◽  
Vol 1 ◽  
pp. 97-106
Author(s):  
V. V. Nikolyuk ◽  
◽  
L. A. Pupysheva ◽  
Keyword(s):  
Supreme Court ◽  
Criminal Procedure ◽  
Criminal Case ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
Self In Relation ◽  
The Supreme Court ◽  
Court Proceedings

The article analyzes the concept of execution of a sentence as an independent stage of the criminal process (the stage of criminal proceedings). Arguments are given that point to its certain illogicality and inconsistency. The authors on the basis of existing legislation and taking into account the positions of Plenum of the Supreme Court additionally reasoned and substantiated the thesis of the existence of the criminal process self in relation to a criminal case of criminal procedure, regulated by Chapter 47 of the Code of criminal procedure.

REVIEW ON THE MONOGRAPH OF OLEKSANDR TORBAS �DISCRETION IN THE CRIMINAL PROCESS OF UKRAINE: THEORETICAL JUSTIFICATION AND PRACTICE OF IMPLEMENTATION�

2020 ◽  
Vol 10 (4) ◽  
pp. 147-150
Author(s):  
Iryna Hloviuk ◽  
Keyword(s):  
Public Relations ◽  
Criminal Procedure ◽  
Scientific Work ◽  
Legal Regulation ◽  
Criminal Proceedings ◽  
Theoretical Justification ◽  
Criminal Process ◽  
Procedural Law ◽  
Current Period ◽  
Legitimate Interests

Current period of development of the legal system of Ukraine is characterized by variability of legislation that regulates, in particular, organization of judicial system and implementation of criminal proceedings. Unfortunately, criminal procedure legislation is no exception, given how many changes and additions have been made to the Criminal Procedure Code of Ukraine since its entry into force in 2020. Undoubtedly, like any other codified legal act, CPC of Ukraine in modern conditions cannot be unchanged, given the dynamics of public relations, the provisions of international law, decisions of ECtHR and number of attempts to solve identified problems of its application. Difficulties of criminal procedural law enforcement are manifested in such an area as the use of discretion of authorities in criminal proceedings, although without it application of legislation is ineffective. At the same time, lawful discretion in criminal proceedings should not turn into its opposite � arbitrariness, which will already violate rights and legitimate interests of individuals and legal entities. In criminal proceedings, given the imperative method of legal regulation and possibility of various coercive measures, including those related to the restriction of constitutional human rights, this issue is of particular importance, given, inter alia, that prosecution�s discretion applies within non-adversarial procedure, and the CPC of Ukraine does not always provide for the possibility of appealing such decisions in court. The peer-reviewed monograph consists of four chapters, which contain 10 sections. Structuring of the monograph is logical; the author analyse problems of discretion from questions of concept, signs and limits of discretion, and then moves to the characteristic of realization of discretion by judge, prosecutor, investigator, detective. In general, without a doubt, the monograph of Torbas O. O. �Discretion in the criminal process of Ukraine: theoretical justification and practice of implementation� is relevant, complete and fundamental scientific work, has scientific and practical value. Monograph of Torbas O.O. significantly enriches criminal procedure doctrine regarding the subjects of criminal proceedings, criminal procedure decisions and other areas.

scholarly journals Remedies and Sanctions for Non-Compliance with the Aspects Aiming at the Authorization and Development of Supervision and Research Special Methods

2020 ◽  
Vol 8 (2) ◽  
pp. 11-16
Author(s):  
Denisa Barbu
Keyword(s):  
Human Rights ◽  
Criminal Procedure ◽  
Criminal Process ◽  
Fundamental Freedoms ◽  
Protection Of Human Rights ◽  
Entire Procedure

The distinction between the notion of sanction and that of remedy is very important from the perspective of the present analysis, as the idea of sanction implies, in addition to bringing the whole criminal process within lex limits and the idea of punitive, sanctioning the individual’s conduct, the last being the basis of the institution, while the notion of remedy pursues and at the same time places in the main plan the idea of safeguarding the entire procedure by trying to keep the procedural and processual activities within reasonable limits. From the perspective of the analysis of the existence and the need to implement the legislation, we can easily conclude in the regard that these methods, techniques are intrusive. Thus, in order to be able to determine the concrete content of the intrusion, we must appeal to the principles of criminal processual law. The latter principles benefit both from a framework regulation in the Fundamental Convention for the Protection of Human Rights and Fundamental Freedoms, but also from an internal regulation in the Code of Criminal Procedure, as amended by Law no. 255/2013 for the implementation of Law 135/2010 on the Code of Criminal Procedure and for amending and supplementing some normative acts that include criminal procedural provisions.

scholarly journals TRAINING AND METHODOLOGICAL IMPORTANCE OF THE INSTITUTION OF THE VICTIM IN TEACHING COURSES CRIMINAL CYCLE

2017 ◽  
pp. 68-75
Author(s):  
Оксана Кравцова ◽  
Oksana Kravtsova ◽  
Ирина Блинова-Сычкарь ◽  
Irina Blinova-Sicker ◽  
Сергей Дмитриенко ◽  
...  
Keyword(s):  
Criminal Law ◽  
Learning Process ◽  
Criminal Procedure ◽  
Criminal Process ◽  
Legal Psychology ◽  
The Subject ◽  
Interdisciplinary Study ◽  
Subject Characteristics

The Institute of the victim is the subject of several criminal Sciences: criminal law, criminal process, criminalistics, criminology, legal psychology and others. Each of them gives their classification of victims, includes them in the corresponding subject characteristics (criminal law, criminal procedure, forensic, criminological, victimological). Elements of these characteristics vary, however, their interdisciplinary implications are obvious and not in doubt. Therefore, it is accepted to speak about the Institute the victim as the subject of interdisciplinary study and its use in the learning process of students

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