scholarly journals ORGANIZATIONAL AND LEGAL PRINCIPLES OF FUNCTIONING OF UNDERSTANDING UNITS OF THE NATIONAL POLICE OF UKRAINE

2021 ◽  
Vol 1 (2) ◽  
Author(s):  
�lexander F. Kobzar ◽  
◽  
M. Romanov ◽  
Keyword(s):  
Civil Rights ◽  
Legal Framework ◽  
Point Of View ◽  
Criminal Proceedings ◽  
Public Authorities ◽  
Legal Principles ◽  
Criminal Offenses ◽  
Criminal Procedure Law ◽  
National Police

The article analyzes the organizational and legal basis for the implementation of the functions of the investigation units of the National Police of Ukraine. The notion of organizational and legal bases, functions and their normative-legal provision in the context of functioning of inquiry units of the National Police of Ukraine is investigated. The essence of the functions of the investigation units of the National Police of Ukraine, which is enshrined in the current legislation of Ukraine and proposed their own ways to optimize their implementation. Some positions of Ukrainian scholars are analyzed, which characterize the concept of organizational and legal principles and the essence of their functioning in the context of performing the functions assigned by law to a specific executive body � the National Police of Ukraine in general and basic, for pre-trial investigation of criminal offenses (in the text � subdivisions of inquiry). Emphasis is placed on the fact that the current regulatory and legal support in the field of functioning of inquiry units from the point of view of the organization of work of the relevant unit, partially provides them with the necessary regulatory framework. In turn, a brief description of the concept of regulatory support (standardization) in the context of the organizational foundations of the functioning of the investigation units of the National Police of Ukraine. The functions outlined in the current legislation entrusted to the investigation units of the National Police of Ukraine are studied in detail, an expanded interpretation of each function is provided and our own vision of its implementation in the context of optimizing the work of the unit is proposed, as well as the institution of human and civil rights. The conclusions formulate general and specific provisions on optimizing the work of inquiry units of the National Police of Ukraine in general, in the context of improving the quality of performance of assigned functions, and strengthening regulations on the organizational and legal framework of relevant units, in the context of optimizing their institutional capacity to respond to societal challenges. In addition, it is argued that taking measures to improve the quality of inquiry and compliance with its deadlines is a function implemented mainly by senior management of inquiry units in a way to systematically check the pre-trial investigation for each criminal offense, taking into account the workload of one investigator. Organization in accordance with the legislation of Ukraine consideration and resolution of citizens �appeals received in connection with the inquiry, which is a detailed reflection of the legislation on citizens� appeals to public authorities and acquires in this context the specific interest of applicants, as they may be participants criminal proceedings, as well as the specifics of the regime of access to the information available to the coroner because in terms of criminal procedure law, forensic tactics and techniques, not every information can be disclosed in a specific period of time. These and other theoretical positions became the foundation for further scientific developments on this topic.

scholarly journals ANALYSIS OF THE CURRENT STATE OF SCIENTIFIC RESEARCH PROBLEMS OF OPERATIONAL AND EXPLORATORY DOCUMENTATION

2020 ◽  
pp. 408-416
Author(s):  
А. А. Саковський
Keyword(s):  
The State ◽  
Theory And Practice ◽  
Scientific Development ◽  
Modern Theory ◽  
Technical Documentation ◽  
Criminal Proceedings ◽  
Current State ◽  
Criminal Offenses ◽  
Research Problems ◽  
National Police

The relevance of the article is that the Constitution of Ukraine stipulates that a person, his life and health, honor and dignity, inviolability and security are recognized in our state as the highest social value. The activity of law enforcement bodies and judicial authorities in the state is aimed at ensuring the implementation of this provision of the Basic Law of Ukraine. Protection of the rights and legitimate interests of individuals and legal entities is one of the tasks of criminal proceedings which is achieved through the implementation of others - by prompt and full disclosure of crimes, exposing the perpetrators and ensuring the proper application of the Law. The purpose of the article is to determine the current state of scientific developments of operational and investigative documentation in the process of combating crime by units of the National Police of Ukraine. The state of scientific development of problems of operative-search documentation by generalization and systematization of results of monographic works of domestic and foreign scientists, and also scientific researches on the researched subjects, stated in manuals, methodical recommendations, lectures and scientific articles of different historical periods is analyzed. For in-depth study of these issues, the chronological principle of presentation of the material was chosen, which provides an opportunity to highlight the defining ideas and views of the formation of modern operational and investigative documentation. It was found that today, in the legal literature and practice, along with the term "operational documentation" has become widespread concept of "operational and technical documentation" of criminal offenses, as these terms are used not only in forensic, operational and investigative, but also other aspects , where they have different meanings, although identical in meaning, which is the need to ensure compliance of the process of operational and technical documentation of criminal offenses with the requirements of applicable regulations governing the admissibility, procedure and conditions of its implementation. It is stated that the study indicates the need and relevance for modern theory and practice of ORD conducting at the monographic level of a comprehensive study of theoretical, legal and organizational and tactical principles of operational and investigative documentation in the fight against crime by the National Police of Ukraine.

scholarly journals SEPARATION OF POWERS BETWEEN PROSECUTOR AND THE HEAD OF THE INVESTIGATIVE BODY

2020 ◽  
Vol 24 (3) ◽  
pp. 760-779
Author(s):  
Nikita V. Babich
Keyword(s):  
Civil Rights ◽  
Legal Status ◽  
Separation Of Powers ◽  
Preliminary Investigation ◽  
Current Concept ◽  
Scientific Article ◽  
Criminal Proceedings ◽  
Individual Concepts ◽  
Systemic Problems

Problems related to the delimitation of powers between the prosecutor and the head of the investigating body, as well as ways to resolve them, are in the constant focus of attention of representatives of legal science. The concept and model of differentiation of powers between such participants in criminal proceedings that was introduced in 2007, has led to serious problems, which are expressed in: - decrease in the quality of prosecutorial supervision of the preliminary investigation body in order to protect human and civil rights and freedoms at the stage of preliminary investigation; - lack of procedural independence of the investigator, priority of interdepartmental control over prosecutorial supervision; - duplication of prosecutors supervision; - large accusatory bias of the court, prosecution and investigation body and others. The negative side of such problems is that the rights and freedoms of man and citizen are violated in the first place at all stages of criminal proceedings. In this regard, the properly organized delineation of powers and functions between the prosecutor and the head of the investigating body will be standard for ensuring the rule of law; it will contribute to the fight against crime and speedy preliminary investigation in order to create the court basis to reduce the cases of incorrect court decision. The purpose of the scientific article is to analyze the provisions of the current concept and models of separation of powers between the prosecutor and the head of the investigating body, identify the main systemic problems in this area and formulate proposals for their elimination. To achieve this goal, the scientific article explores the features and problems of individual concepts and models for their implementation in organizing activities of prosecution body and preliminary investigation bodies to delimit the powers between the prosecutor and the head of the investigating body. In a scientific article, the author came to the conclusion that reforming the current concept and model of separation of powers between the prosecutor and the head of the investigating body in order to eliminate significant problems is not possible without a reform. A return to previous concepts and models is also unacceptable due to historical experience of their application. The necessity of reforming the foundations of the entire law enforcement system of criminal justice body as a whole and reviewing the legal status of the prosecutor at all stages of criminal proceedings is noted.

scholarly journals Interaction between investigator and operational units in pretrial investigation of criminal offenses

2021 ◽  
Vol 1 (1) ◽  
pp. 272-276
Author(s):  
Maksym Ocheretyatyy
Keyword(s):  
Theory And Practice ◽  
Factual Information ◽  
Criminal Proceedings ◽  
Criminal Offense ◽  
Procedural Law ◽  
Criminal Offenses ◽  
Theoretical Generalization

The article analyzes the essence of the outlined problem, focuses on the importance of the investigator's interaction with operational units in the pre-trial investigation of criminal offenses, outlines the concept, which is defined as a comprehensive and purposeful process of communication between different actors involved in criminal proceedings. , is the ultimate goal, which makes it possible to obtain factual information about the event of a criminal offense. This gave grounds for distinguishing the essence of this process, which in general is distinguished by the fact that the investigator is a procedural person who is directly responsible for the quality of pre-trial investigation, its planning and effectiveness of investigative (search) actions, their timeliness and consistency. It is also argued that the issues of theoretical generalization of the elements of the process of interaction of the investigator in the pre-trial investigation were effectively and accurately formulated in the above stages, which partially duplicate the stages of the pre-trial investigation. However, the proposed approach of individual researchers to differentiate the interaction not only in terms of criminal procedural law, but also from the standpoint of operational and investigative activities, as a process can also be useful in planning a pre-trial investigation. This logically gives grounds to claim that the interaction with operational units is based on close and coordinated cooperation within the current legislation, on the initiative of both parties, as well as the planned conduct of any investigative or non-public investigative (search) actions. The author, as a result of the received interpretations of basic terms it was given an opportunity to investigate its stages. Therefore, the approaches of scientists to determine the stages of interaction in the pre-trial investigation of criminal offenses are analyzed, they are generalized, and the most effective approach totheir structuring for theory and practice is determined.

scholarly journals APPLICATION OF SAFETY MEASURES TO PARTICIPANTS IN CRIMINAL PROCEEDINGS ON THE PART OF THE DEFENCE

2019 ◽  
Vol 29 (6) ◽  
pp. 823-829
Author(s):  
F.F. Zaripov
Keyword(s):  
Civil Rights ◽  
Russian Federation ◽  
Criminal Procedure ◽  
Separate Group ◽  
Criminal Proceedings ◽  
Safety Measures ◽  
Criminal Process ◽  
Criminal Procedure Law ◽  
The Russian Federation ◽  
Rights And Interests

The article formulates the problems of procedural regulation of ensuring the safety of participants in criminal proceedings on the part of the defense in the process of criminal proceedings. It is noted that despite the hasty division of the participants in the criminal process into groups in accordance with the procedural function performed by them, the need to separate the participants in criminal proceedings standing upon the interests of the defense into a separate group is not disputed. Attention is drawn to the fact that the principle of protecting the rights and freedoms of man and citizen in criminal proceedings does not fully regulate the adoption of appropriate measures to ensure the safety of participants in the criminal process for the realization of their rights and interests. The necessity of making amendments and additions to the Code of Criminal Procedure of the Russian Federation (as the main source of criminal procedure law), as well as a number of other legislative acts related to the protection of human and civil rights and freedoms and to ensuring the safety of participants in criminal proceedings in all areas, is substantiated.

scholarly journals Forms of Interaction between an Investigator and Bodies of Inquiry at the Initial Stage of Pre-Trial Proceedings

Lex Russica ◽  
2020 ◽  
Vol 73 (3) ◽  
pp. 70-79
Author(s):  
Yu. G. Torbin ◽  
A. A. Usachev ◽  
L. P. Plesneva
Keyword(s):  
Law Enforcement ◽  
Task Force ◽  
Criminal Procedure ◽  
Point Of View ◽  
Criminal Proceedings ◽  
Initial Stage ◽  
Criminal Procedure Law ◽  
The Russian Federation ◽  
The Right ◽  
To Receive

Despite the prolonged use of certain forms of interaction between the investigator and investigative agencies at the initial stage of pre-trial proceedings, the criminal procedure legislation still lacks some aspects of their implementation. This makes it necessary to study the current situation and substantiate the theoretical and practical provisions concerning interaction between an investigator and investigative agencies in the context of verification of the report of the crime in the light of the planned digitalization of domestic criminal proceedings. The author suggests that the forms of interaction, the application of which is expedient at the initial stage of pre-trial proceedings, include two procedural forms (giving written instructions to an investigative agency about carrying out operational search activities, obtaining explanations, obtaining assistance in carrying out investigative and other procedural actions) and two organizational forms (joint planning and formation of an investigative and task force). In order to increase the efficiency of criminal procedure at the initial stage of pre-trial proceedings, to ensure clarity of the language of criminal procedure law and its compliance with law enforcement, the auther proposes to amend Part 1 of Article 144 of the Code of Criminal Procedure by supplementing it with the right of authorized officials and bodies to give to investigative agencies mandatory written instructions for obtaining explanations, and to receive assistance from the investigative agency in carrying out verification actions. At the same time, the paper demonstrates the author’s approch to excluding obtaining explanations from the general list of procedural actions specified in Part 1 of Article 144 of the Code of Criminal Procedure of the Russian Federation and conducted by authorized subjects of verification of the report of the crime. Also, the paper analyzes the importance of introduction of electronic document circulation into criminal proceedings from the point of view of efficiency of interaction between the investigator and investigative authorities at the initial stage of pre-trial investigation.

scholarly journals Peculiarities of interaction of investigators with operative subdivisions of the National Police of Ukraine.

2021 ◽  
Vol 3 (3) ◽  
pp. 289-293
Author(s):  
Inna Sichkovska
Keyword(s):  
Criminal Liability ◽  
Criminal Code ◽  
The State ◽  
Scientific Article ◽  
Main Task ◽  
Criminal Proceedings ◽  
Procedure Code ◽  
Criminal Offenses ◽  
National Police ◽  
Do So

. The scientific article is devoted to the issues of peculiarities of interaction of investigators with operative subdivisions of the National Police of Ukraine. It is determined that it should be understood as the interaction of employees of inquiry units with operational units of the National Police of Ukraine. The classification, forms and principles of such interaction are specified. The interaction between the coroner and the operative unit during the pre-trial investigation in the form of an inquiry has limits set by the legislator: it can be carried out at any stage of the pre-trial investigation in the form of an inquiry, but must end with the closure of criminal proceedings. application of coercive measures of medical or educational nature, petition for release of a person from criminal liability. When investigating criminal offenses, investigators interact with employees of operational units of the National Police, security agencies, the National Anti-Corruption Bureau of Ukraine, the State Bureau of Investigation, bodies supervising compliance with tax and customs legislation, the State Penitentiary Service of Ukraine, the State Border Guard services of Ukraine on the basis of the Constitution of Ukraine, the Criminal Code of Ukraine, the Criminal Procedure Code, the Laws of Ukraine «On the National Police», «On operational and investigative activities», etc. The investigator, exercising his powers in accordance with the requirements of the CPC of Ukraine, is independent in his procedural activities, interference in which persons who do not have the legal authority to do so is prohibited. The main task of interaction of inquiry units of the National Police of Ukraine with other structural subdivisions of the National Police is prevention of criminal offenses, their detection and investigation, bringing to justice the perpetrators, compensation for damage caused by criminal offenses, restoration of violated rights and interests of individuals.

CIVIL ACTION IN CRIMINAL PROCEEDINGS AS A UNIVERSAL MEANS OF REDRESS FOR PECUNIARY AND NON-PECUNIARY DAMAGE CAUSED BY CRIME

2021 ◽  
pp. 64-79
Author(s):  
Sergey V. Potapenko ◽  
◽  
Vladimir A. Sementsov ◽  
Keyword(s):  
Civil Rights ◽  
Point Of View ◽  
Moral Injury ◽  
International Standards ◽  
International Treaties ◽  
Criminal Proceedings ◽  
Legal Standards ◽  
Procedural Law ◽  
Judicial Practice ◽  
The Individual

The article notes that sufficient reimbursement for injury to victims of crime is an urgent and global issue, for which solution international legal standards, which are regarded as general-ly recognized principles and regulations of international law and international treaties, as well as enactments containing their official interpretation, are significant. The article critically evaluates the point of view of some individual scientists who deny the need to stipulate the civil claim concept the in the Code of criminal procedure of the Russian Federation as it exists in modern Russian criminal proceedings not only due to the historical experience of the legislator, have long appreciated the evident advantages of the united proce-dure, but also in its consistency with foreign trends in the development of this concept, aimed at ensuring the implementation of international standards in the sphere of promotion and pro-tection of the human and civil rights. Despite the fact that the legislator applies different concepts in determining the conse-quences of torts (including crimes) in the regulations of substantive and procedural law as follows: harm and damage, there has been concluded that it is the injury (property or moral) that constitutes the attribute of obligations caused by the injury infliction, which allows the term to be used legitimately when covering issues of reimbursement for injury in criminal proceedings. Taking into account that a civil claim in criminal proceedings is a way to reimburse not only property, but also moral damage caused by a crime, the most urgent issues that need to be resolved are identified as follows: 1) lack of general doctrinal approaches to determining moral injury and its correlation with other types of injury; 2) inconsistency of the current investigative and judicial practice in determining the amount of compensation for moral injury; 3) ineffectiveness of procedural mechanisms for compensation for moral injury caused by a crime. The current judicial practice of refusing to satisfy claims for reimbursement of moral injury in the case of a crime against property, in the absence of violence against the victim and other actions affecting the life, health, and dignity of the individual has been recognized as not complying with the requirements of the law regulating the status of the victim and the civil plaintiff. According to the authors' point of view, the lack of unified approach to determining of the amount of moral injury caused by crimes is due to the evaluative nature of its definition, when there are no clear estimative criteria, which leads to a tendency to reduce the amount of reim-bursement, although reimbursement for moral injury in an adequate amount would more guarantee the restoration of violated rights of citizens in the sphere of criminal proceedings. Since moral injury can be the result not only of a crime, but also of illegal criminal prose-cution or illegal conviction of a person involved in its commission, it is necessary to establish a unified amount of reimbursement for the injury.

scholarly journals CERTAIN PROCEDURAL ASPECTS OF THE BEGINNING OF CRIMINAL INVESTIGATION

2021 ◽  
Vol 1 (1) ◽  
pp. 52-60
Author(s):  
Dmуtrо Pylypenko ◽  
Keyword(s):  
Law Enforcement ◽  
Criminal Procedure ◽  
Point Of View ◽  
Criminal Proceedings ◽  
Law Enforcement Agencies ◽  
Criminal Justice Reform ◽  
Time Limits ◽  
Procedural Law ◽  
Criminal Procedure Law ◽  
Legal Fact

The article analyzes the features of the beginning of criminal proceedings defined by the current criminal procedure law of Ukraine. The criminal procedural norms which define an initial stage in criminal proceedings are investigated. The provisions of the norms of the legislation which determine the legal fact of the beginning of proceedings in the case are analyzed. The positions of scientists in this regard are considered. In particular, the scientific concepts concerning the implementation in the norms of the current law of the provision that existed in the content of the Criminal Procedure Code of 1960, namely the decision to initiate a criminal case. The analysis of the practice of application of the current norms of the criminal procedural law in this regard for the author's point of view on the expediency of such a step is analyzed. The author's position on the preservation of the existing law within the existing provisions, on the commencement of criminal proceedings from the moment of entering information into the unified register of pre-trial investigations. This position is fully correlated with the provisions of the concept of criminal justice reform. There are also examples from the practical activities of law enforcement agencies, which were the basis for this conclusion. The article also examines the issue of determining the time limits for the start of pre-trial investigation in criminal proceedings and entering information into a single register of pre-trial investigations. The positions of scientists on this issue, which are quite different and sometimes polar, are analyzed. The author's attention is focused on certain difficulties that arise in law enforcement agencies during the proper initiation of criminal proceedings. It is emphasized that the term available in the current law for twenty-four hours is extremely insignificant for the correct determination of the qualification of the offense and its composition. It is proposed to increase the period to three days during which the investigator must enter information into the unified register of pre-trial investigations and initiate criminal proceedings. It is these time limits that must be sufficient for the investigator or prosecutor to properly comply with the requirements of the applicable criminal procedure law.

scholarly journals European Union view on Personal Data in Intellectual Property Rights

2021 ◽  
Vol 7 (1) ◽  
pp. 92-106
Author(s):  
Dorin Cimil ◽  
◽  
Olesea Plotnic ◽  
Keyword(s):  
Intellectual Property ◽  
Civil Rights ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Personal Information ◽  
Personal Data ◽  
Legal Framework ◽  
Point Of View ◽  
Data Market ◽  
The Republic

The issue under investigation concerns whether personal data or personal information from the point of view of intellectual property constitutes as such a commodity or economic potential, which may be subject to alienation and registration as an object protected by the intellectual property system or represent a non-commercial object, without circulation in civil relations, with a special legal regime, connected to the fundamental human rights and freedoms. Recognition of personal data and other categories of information, related to the person (geolocation data, user-generated content) in terms of intellectual property rights as objects of civil rights, would allow the development of the data market, necessary for the functioning of innovative technologies on big data, cognitive calculations, the Internet of goods, and bringing these technologies into a legal and civilized field. The objective of the article is to appreciate whether personal data is subject to any intellectual property rights by the assessment of EU jurisprudence in line with national legal framework of the Republic of Moldova.

scholarly journals On the New Rules Protecting Attorney-Client Privilege in Criminal Procedure in Russia

2018 ◽  
pp. 15-25
Keyword(s):  
Human Rights ◽  
Legal System ◽  
Criminal Procedure ◽  
Point Of View ◽  
Federal Law ◽  
Criminal Proceedings ◽  
European Court ◽  
Procedural Code ◽  
Criminal Procedure Law ◽  
Further Development

In the article, an attempt is made to consider the recently introduced additional criminal procedural guarantees of the protection of attorney-client privilege from the point of view of the system of the Russian criminal procedural legislation and in the light of the practice of the European Court of Human Rights. The author comes to the conclusion that additional guarantees of protection of attorney-client privilege introduced by the Federal law № 73-FZ contribute to the further development of the adversarial principles of the Russian criminal proceedings. At the same time, some innovations seem to be controversial. The supplement introduced to part 2 of the Article 75 of the Russian Criminal Procedural Code (CPC) concerning inadmissibility of using advocatory items and documents as evidence come into conflct with the Article 17 of the CPC and do not constitute the whole legal system with other provisions of the criminal procedure law. The rules of part 3 of the Article 450.1 of the CPC, according to the author, are incompatible with part 5 of the Article 165 of the CPC regulating urgent procedures of investigative actions requiring judicial permission, as well as part 2 of the Article 450.1 of the CPC. The author makes a range of proposals to improve the legislation and its application.

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