scholarly journals PROCEDURAL STATUS OF A SPECIALIST IN CRIMINAL PROCEEDINGS WHILE TRAFFIC COLLISION INVESTIGATION

2020 ◽  
Vol 21 (1) ◽  
pp. 281-290
Author(s):  
V. Varlahov
Keyword(s):  
Positive Impact ◽  
Criminal Code ◽  
Sufficient Evidence ◽  
Criminal Proceedings ◽  
Law Enforcement Agencies ◽  
Operation Rules ◽  
Criminal Offenses ◽  
Special Knowledge ◽  
Traffic Collision

The task of law enforcement agencies while criminal offenses investigation related to violation of road safety or vehicles operation rules, that is provided for by Art. 286 of the Criminal Code of Ukraine, a complete and objective establishment of the circumstances and mechanism of a traffic collision, the collection of sufficient evidence and determination of participants’ guilt in the accident. The appropriate use of special knowledge, the latest scientific and technical means and methods for collecting, investigating and evaluating evidence largely contributes to pre-trial investigation of this criminal proceedings category. The article purpose is: 1) to consider issues relating to the procedural provisions and powers of a specialist in criminal proceedings while conducting an investigatory experimentation on traffic collision investigation; 2) define a specialist functions and tasks on using special knowledge during an investigatory experimentation; 3) analyze the aspects of interaction organization between pre-trial investigation bodies and a specialist qualified in automotive engineering during an investigatory experimentation of traffic collision circumstances. The study has shown that the use of special knowledge while traffic collision investigation helps to establish the circumstances and mechanism of the accident at the modern scientific and technical level with the involvement of qualified knowledgeable persons – specialists. The requirements for special knowledge that are used to perform the tasks of criminal proceedings are legality, scientific nature, efficiency, reliability. The main goal of attracting a knowledgeable person is to facilitate the implementation of criminal proceedings tasks. Attracting specialists to participate in the investigatory experimentation while pre-trial investigation of criminal offenses provided for by Art. 286 of the Criminal Code of Ukraine has a positive impact on the investigatory experimentation itself and the quality of the pre-trial investigation.

scholarly journals Ensuring Security for the Participants of Criminal Proceedings: Forensic Aspects

2020 ◽  
Vol 79 (4) ◽  
pp. 73-78
Author(s):  
Т. П. Матюшкова
Keyword(s):  
Law Enforcement ◽  
Positive Impact ◽  
Security Measures ◽  
Criminal Proceedings ◽  
Law Enforcement Agencies ◽  
State Institutions ◽  
Judicial Practice ◽  
Scientific Principles ◽  
Special Knowledge ◽  
Further Development

One of the urgent tasks of criminalistics has been studied – the content and elements of forensic security of the participants of criminal proceedings have been determined. Traditionally, this activity is given considerable attention in the areas of criminal law, criminal procedure, as well as operative and search activities. The few works of criminalists mainly reflect the problems of anonymity of interrogating the witnesses, recommendations on tactical features of the interrogation and identification by the means of videoconference. Thus, there are currently no comprehensive studies of forensic aspects of ensuring security for the participants of criminal proceedings in Ukraine. Systematization and improvement of theoretical provisions of forensic security of the participants of criminal proceedings, determining the content and elements of forensic aspects of the researched activity will facilitate both further development of forensic science and have a positive impact on investigative and judicial practice. The author has defined such forensic aspects of ensuring the security for the participants of criminal proceedings as technical and forensic, tactical and forensic, methodological and forensic. Technical and forensic aspect should cover the development and improvement of scientific principles and forensic recommendations for the application of special technical means and methods of ensuring the security of persons. The content of tactical and forensic security of the participants of criminal proceedings will be the development of scientific principles and forensic recommendations for the application of organizational measures and tactical means and methods (tactics, tactical combinations, tactical operations) during the preparation, conduction and recording of certain investigative (search) actions with the participation of persons, in respect of whom security measures are provided. Methodological and forensic security of the participants of criminal proceedings should include the development of methodical recommendations on such specific features of investigating certain types of crimes due to the security of individuals, in particular due to the interaction of law enforcement agencies in ensuring the security for the participants of criminal proceedings, the use of special knowledge, cooperation with national state institutions, law enforcement agencies of other countries, etc.

STRENGTHENING LEGALITY IN THE LAW ENFORCEMENT AGENCIES FUNCTIONING AT THE STAGE OF INSTITUTING CRIMINAL PROCEEDINGS AS A MEANS OF PROTECTING THE RIGHTS OF CITIZENS

2021 ◽  
pp. 60-65
Author(s):  
Ramil T. Rafikov
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Code ◽  
Sufficient Evidence ◽  
Criminal Proceedings ◽  
Law Enforcement Agencies ◽  
Drug Crime ◽  
The Russian Federation ◽  
The Law ◽  
The One

In the article the author examines the issues related to the improvement of legislation in the functioning of law enforcement agencies, in particular that on their counteraction to organized drug crime. We are talking about the amendment to Article 146 of the Criminal Procedure Code of the Russian Federation, according to which criminal proceedings on crimes under Articles 228.1 and 228.4 of the Criminal Code of the Russian Federation on the fact of illegal drugs dealing cannot be initiated in the absence of data on the type, weight and name of drugs, as well as sufficient evidence indicating their transfer to other persons. The law-in-draft is aimed, on the one hand, at protecting citizens, on the other – at increasing the exactingness to law enforcement agencies at the initial stage of criminal – proceedings related to drug crime. The grounds for instituting a criminal proceeding for illegal drug dealing should be the facts of drug transfer to another person, as well as an expert opinion determining their mass, type and name.

scholarly journals SEPARATE ASPECTS OF USING THE EXPLANATIONS OF PERSONS AS SOURCES OF EVIDENCE IN THE INVESTIGATION OF CRIMINAL OFFENSES

2020 ◽  
Vol 33 (20) ◽  
pp. 108-113
Author(s):  
O.Y. Pereverza ◽  
M.K. Kulava
Keyword(s):  
Effective Means ◽  
Criminal Procedure ◽  
Criminal Code ◽  
Criminal Proceedings ◽  
Criminal Offense ◽  
Criminal Offenses ◽  
Close Relatives ◽  
The Right ◽  
To Receive

The article is devoted to the procedural determination of explanations of persons and peculiarities of obtaining explanations of persons in the investigation of criminal offenses. Changes to Part 8. Art. 95, part 3 Art. 214 of the Criminal Procedure Code of Ukraine (hereinafter – CPC) and new Art. 298-1 CPC are analyzed. It is stated that the explanations selected in this category of the case can be considered as evidence even if they were received before the data entered in the EDDR and can be selected by all the subjects listed in item 19 of Art. 3 CPC, including defender and operational units. It is possible to select explanations from the persons listed in item 25 of Art. 3 of the CPC of Ukraine, as participants in criminal proceedings. Two discussion questions are raised. The first is how the provisions of Part 1 of Art. 63 of the Constitution of Ukraine correlates with the rights and duties of participants in criminal proceedings. Having analyzed the content of item 8 of Art. 95 of the CPC, we state that the explanation can be obtained only with the consent of the person. Thus, the Constitution of Ukraine states that a person may refuse to give explanations in relation to himself, family members, close relatives, but nothing is written about the obligation to give explanations in other cases. Part 2 of Art. 66 of the CPC does not oblige a witness to give explanations and establishes responsibility (, Art. 67 of the CPC, Art. 385 of the Criminal Code of Ukraine for refusing to give testimony, but no explanations, paragraph 4 of Part 3 of Article 72-1 of the Code of Criminal Procedure obliges the representative of the probation authority to give explanations in court, paragraph 9 of Part 1of Article 56 of the CPC provides the victim with the right to give explanations. From July 1, 2020, problems in law enforcement may arise regarding the explanation given by witnesses in the event that they did not give consent to receive them. This will be relevant in the case of obtaining explanations from witnesses in the case who do not wish to give an explanation at all, and not only in cases where it concerns the witness’s person or persons close to him. In fact, they are not responsible for these actions before the law. The number of such persons may be considerable. Therefore, it is necessary to establish at the legislative level the responsibility for refusing to give a witness an explanation. But, it is quite clear that, before questioning such persons, they need to clarify the requirements of Art. 63 of the Constitution of Ukraine. The second, in which procedural form it is necessary to issue explanations. From 1 July 2020, practitioners must have effective means of fixing explanations, since, without the proper procedural form, information about the facts contained in the explanations cannot be recognized as credible evidence. The possibility of applying Articles 103, 104 of the CPC of Ukraine by analogy is established. Namely, that the results of a procedural action – a survey – should be recorded in the protocol of the corresponding action. We conclude on the need for additional procedural regulation of this issue. Keywords: evidence, sources of evidence, explanations of persons, fixation, a criminal offense.

scholarly journals Conceptual problems of investigation and prevention of enforced disappearance of persons in the conditions of armed aggression

2021 ◽  
Vol 39 (69) ◽  
pp. 60-73
Author(s):  
Dmytro Mirkovets ◽  
Volodymyr Atamanchuk ◽  
Sergii Marko ◽  
Irina Dubivka ◽  
Antonina Matsola
Keyword(s):  
Law Enforcement ◽  
Criminal Proceedings ◽  
Law Enforcement Agencies ◽  
Criminal Offenses ◽  
General Scientific ◽  
Points Of View ◽  
Conceptual Problems ◽  
Systemic Problems ◽  
The Right ◽  
Southern Ukraine

The article highlights the results of a study of the situation with official investigations into criminal offenses related to the enforced disappearance of persons in the context of armed aggression in eastern and southern Ukraine. The example of individual criminal proceedings presents some systemic problems that arise during the investigation of the facts of disappearance and suggests possible ways to solve them. There are several «blocks» of problems that lie in the field of criminal law, criminology, and criminal procedure. The points of view of scientists and practitioners on this problem are highlighted. It is concluded that Ukraine, in today’s conditions, needs to take measures aimed at improving the legal mechanisms of observance and protection of the right of persons staying in its territory to freedom from enforced disappearance, as well as intensifying law enforcement agencies to prompt, complete and impartial investigation of such facts, their proper qualification, search for victims, identification of those responsible for their disappearance, ensuring that victims receive timely and adequate compensation. The methodological basis for writing the article was a dialectical-materialist method, as well as the set of general scientific and special methods and techniques of scientific knowledge.

scholarly journals CHARACTERISTICS OF THE PERSON OF THE CRIMINAL COMMITTING CRIMINAL OFFENSES IN THE FIELD OF ECONOMIC ACTIVITY

2020 ◽  
pp. 40-49
Author(s):  
В. В. Мойсеєнко
Keyword(s):  
Economic Activity ◽  
Criminal Activity ◽  
Law Enforcement Agencies ◽  
Security Guards ◽  
Official Position ◽  
Criminal Offenses ◽  
Special Knowledge ◽  
Technical Functions ◽  
Criminal Groups ◽  
Financial Transactions

The article systematizes persons who commit criminal offenses in the sphere of economic activity, namely: persons with experience in various spheres of economic activity (as a rule, they are organizers, create criminal groups, distribute responsibilities among their participants, dispose of funds received) ; persons who, abusing their official position, commit legally significant actions or provide public services that are important for the preparation, commission and concealment of criminal offenses (notaries, appraisers, auditors, bank employees); employees (officials) of the sphere of economic activity (accountants, managers, secretaries, security guards), who perform certain technical functions, not directly participating in the criminal scheme; specialists who are involved in the use of special knowledge in the field of psychology, financial transactions, organization of mass events, as well as for the purpose of falsification of documents, interference in the work of computer networks; officials of local authorities, control and law enforcement agencies, which provide corrupt cover for criminal activity.

scholarly journals Dehumanisasi Pada Penerapan Hukum Pidana Secara Berlebihan (Overspanning van het Straftrecht)

2020 ◽  
Vol 2 (1) ◽  
pp. 1-29
Author(s):  
Ramdan Kasim
Keyword(s):  
Restorative Justice ◽  
Criminal Law ◽  
Criminal Code ◽  
Criminal Proceedings ◽  
Law Enforcement Agencies ◽  
Conceptual Approach ◽  
Current Application ◽  
Detention Centers ◽  
Death Sentences ◽  
The Right

 ABSTRAKJika melihat kecenderungan proses penerapan pemidanaan di Indonesia, maka dapat kita lihat bahwasanya banyak proses pemidanaan yang diterapkan secara berlebihan. Tentunya hal ini menyebapkan adanya over ciminalization pada penerapan pemidanaan yang tentu saja hal ini menyebapkan adanya ketidak harmonisan dalam penerapan hukum pidana yang mana meniadakan rasa kemanusiaan yang berujung pada banyak gejala dehumanisasi yang terjadi. Pada penelitian ini mengunakan jenis jenis penelitian hukum normative dengan mengunakan pendekatan Pendekatan Perundang-Undangan (Statue Approach), Pendekatan konseptual (Conseptual Approach), dan pendekatan kasus (case Approach). Penelitian ini bertjuan untuk mengetahui Bagaimana  penerapan hukum pidana yang ada di Indonesia saat ini dan Bagaimana Prospektif hukum pidana dan pemidanaan yang ada di Indonesia?.  Hasil penelitian ini menunjukkan Bahwa penerapan hukum pemidanaan di Indonesia saat ini, masih meninggalkan beberapa catatan penting antara lain; banyak Terjadinya Over Criminalization dan banyaknya terjadi Dekonstruksi Pidana dan Pemidanaan di Indonesia dimana dekonstruksi itu antara lain; Pertama, Terjadinya Over Kapasitas Lapas dan Rutan, kedua, Pengaturan Hukuman Mati yang Sangat Massif; ketiga, Kebijakan Hukum Yang Over Pada Penghinaan Di Media Sosial; keempat, Dalam Penyidikan Kriminal Penyidik Mencari Bukti Dengan Kejahatan (penyiksaaan); kelima, Inkonsistensi Hak  Atas Perkara Cuma-Cuma (prodeo). Bahwa Prospektif Pembaharuan Hukum Pidana dan Pemidanaan Yang Ada di Indonesia harus didasarkan pada beberapa hal, antara lain: Pedekatan Restorative Justice dalam Penerapan Pemidanaan; Pendekatan Ultimum remedium dalam penerapan pemidanaan; Reformasi Kelembagaan Lembaga Penegak Hukum; dan Revisi Kitab Undang-Undang Hukum Pidana (KUHP) dan Kitab Undang-Undang Hukum Acara Pidana (KUHAP). Kata Kunci: Dehumanisasi, Over Criminalization, Restorative Justice, Ultimum remediumABSTRACTIf we look at the trend of the process of implementing criminal punishment in Indonesia, we can see that many criminal proceedings are over-applied. Of course this implies over ciminalization in the application of punishment, which of course imposes a disharmony in the application of criminal law which negates the sense of humanity which leads to many symptoms of dehumanization that occur. In this study using the type of normative legal research using the approach of legislation approach (Statue Approach), conceptual approach (Conseptual Approach), and case approach (case approach). This research aims to find out how the application of criminal law in Indonesia today and How is the prospect of criminal law and punishment in Indonesia ?. The results of this study indicate that the current application of the criminal law in Indonesia still leaves some important notes, among others; there is a lot of Over Criminalization and many cases of Criminal Deconstruction and Criminalization in Indonesia where deconstruction is among others; First, the occurrence of over-capacity of prisons and detention centers, second, the regulation of extremely mass death sentences; third, the Legal Policy Over Over Insulting on Social Media; fourth, In Criminal Investigations Investigators Seek Evidence With Crime (torture); fifth, the Inconsistency of the Right to Free Cases (prodeo). That the Prospective Criminal Law and Penalty Existing in Indonesia must be based on several things, including: Restorative Justice Approach in the Application of Penalty; Ultimum remedium approach in the application of punishment; Institutional Reform of Law Enforcement Agencies; and Revision of the Criminal Code (KUHP) and the Criminal Procedure Code (KUHAP). Keywords: Dehumanization, Over Criminalization, Restorative Justice, Ultimum remedium

scholarly journals Use of special knowledge in investigation of anti-morality crimes

2020 ◽  
Vol 2 (2) ◽  
pp. 268-274
Author(s):  
Mykola Yefimov
Keyword(s):  
Professional Education ◽  
Vocational Training ◽  
Professional Activity ◽  
Scientific Article ◽  
Criminal Proceedings ◽  
Specialized Knowledge ◽  
Science Technology ◽  
Criminal Offenses ◽  
Special Knowledge ◽  
Direct Use

The scientific article deals with some aspects of the investigation of crimes against morality. The peculi-arities of the use of special knowledge in the investigation of this category of criminal offenses are con-sidered. The author emphasizes that during criminal proceedings at the stage of both pre-trial investigation and in court, questions may arise, which, due to their narrow specialization and unlawful nature, may not be within the power of the investigator and the court. In such cases, other participants in the criminal process are involved in the process of proving - persons who have special knowledge sufficient to make a qualified solution to the problem. It is noted that special knowledge is a set of theoretical knowledge and practical skills in the field of science, technology, arts, crafts obtained as a result of vocational training and professional education used for the prevention and investigation of criminal offenses. The view is maintained that the following should be attributed to independent forms of the use of specialized knowledge: the direct application of specialized knowledge in science, technology, art and craft by the judge himself; appointment of examinations; appointment of audits; knowledge that is inherent in various types of professional activity, except knowledge that is professional for the investigator and the judge, and is used in the investigation of crimes and criminal proceedings in court in order to facilitate the establishment of the truth of the case in cases, forms and procedures determined by criminal- procedural legislation; consulting assistance of a specialist without involving him personally in court actions; expert's participation in court actions. It is emphasized that specialized knowledge can be used directly and indirectly by an authorized person. Based on the analysis of judicial investigative practice, the following were distinguished among the main forms of use of special knowledge in the investigation of crimes against morality: direct (use of special knowledge by investigators in carrying out individual procedural actions); mediated (appointment of forensic expertise and involvement of relevant specialists in individual procedural actions).

scholarly journals Criminal-legal meaning of driving under the influence in the acts stipulated by Article 286 of the Criminal Code of Ukraine

2020 ◽  
pp. 66-72
Author(s):  
V. Myslyvyi
Keyword(s):  
Criminal Code ◽  
Driving Under The Influence ◽  
Criminal Offense ◽  
Judicial Practice ◽  
Operation Rules ◽  
Driving While Impaired ◽  
Criminal Offenses ◽  
Vehicle Operation ◽  
Objective Side ◽  
Determining Factor

The article deals with issues of combatting criminal offenses related to violations of road safety and vehicle operation rules stipulated by Article 286 of the Criminal Code of Ukraine. The focus is on acts committed by persons who were in a state of alcohol, drugs or other intoxication. Based on research and analysis of current national judicial practice the author has revealed the presence of contradictions in court judgments of different instances where provided opposite criminal legal assessment consisting of a criminal offense under Article 286 of the CC of Ukraine, the following factors as driving while impaired by alcohol, drugs and other intoxication. The essence of such an assessment, as shown by a certain part of the verdicts, is that some courts do not consider the state of intoxication of a person driving a vehicle as a sign of the objective side of this criminal offense, and therefore do not see it as one of the reasons acts as a determining factor of these criminal offenses. The research paper contains a critical analysis of this approach in judicial practice and provides arguments for its unreasonableness, as driving under the influence as a cause of accidents in transport is considered to be universally recognized. However to avoid contradictions in judicial practice and to reach efficiency impact of criminal legaltools in combating the above mentioned criminal offense the author has proposed that Article 286 of the CC of Ukraine should stipulate an aggravating circumstances such as the commitment of a criminal offense by a person being in a state of intoxication

scholarly journals VICTIMOLOGICAL RISKS FOR ROAD USERS AS AN ELEMENT OF PUBLIC HEALTH

2021 ◽  
Vol 74 (11) ◽  
pp. 2922-2927
Author(s):  
Vladyslava S. Batyrgareieva ◽  
Alina V. Kalinina ◽  
Kateryna O. Poltava
Keyword(s):  
Public Health ◽  
Traffic Safety ◽  
Road Safety ◽  
Drunk Driving ◽  
Criminal Code ◽  
Public Health Approach ◽  
Road Accidents ◽  
Criminal Proceedings ◽  
Road Users ◽  
Criminal Offenses

The aim: This article aims to analyze the statistics of road accidents victims in Ukraine in general and the level of criminal offenses’ against traffic safety and transport operation victims, in particular, to consider the main victimological risks for road users and provide them with a public health approach. Materials and methods: The theoretical basis of the article is specialized literature on law, economics, and sociology. The empirical basis of the research was the materials of generalization of more than 1,000 criminal proceedings under Art. 286 of the Criminal Code of Ukraine, the results of a survey of Ukrainian citizens on the state of road safety in Ukraine. Results: According to the results of an empirical study, in terms of role, pedestrians clearly predominate among the victims (59.6%), while every fourth victim is a passenger of a vehicle. Driver victims are only 14.6% of the total number. Victimological risk on the roads is the probability of becoming a victim and suffering damage to one’s life and health from criminal offenses against traffic safety and operation of transport. For each of the categories of victims there are both general and specific victimological risks. The causes of accidents can be grouped by the source of danger in the triangle “person – mechanism – road”. Conclusions: The most dangerous and widespread victimological risks for road users in Ukraine are speeding and maneuvering, drunk driving, parking violations, poor road infrastructure, physiological and psychological characteristics of road users, low professional skills of drivers, etc.

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.

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