scholarly journals Peculiarities of the determination of value of goods as at the date in the past within the framework of a commodity expertise

2021 ◽  
Vol 23 (1) ◽  
pp. 348-358
Author(s):  
V. Kosovan
Keyword(s):  
Professional Competence ◽  
Legal Regulation ◽  
Entrepreneurial Activity ◽  
Criminal Proceedings ◽  
Technical Parameters ◽  
The Past ◽  
Forensic Expert ◽  
Special Information ◽  
Expert Practice

 When investigating and hearing criminal proceedings, civil and administrative cases in courts, there is a need for special information in thefield of commodity science. Such information is obtained during commodity expertises. Analysis of the stages of forensic commodity expertise in the current legislation shows the presence of a significant number of problems at certain stages of study, which requires effective resolution in accordance with current regulatory and technical parameters and prospects for further development in Ukraine. As practice shows, forensic commodity expertises are often appointed, the subject of which is to determine the market value of objects on the date in the past. If the necessary documents are available, the difficulty of providing conclusions about the value of the objects of study is due to the lack of initial data on the market of such property. This is due to the fact that there are very few publicly available sources where you can find archival information on the price of a product on the date in the past, especially if it concerns specialized property, or property whose sale and purchase market is limited. That is why the article purpose is to highlight peculiarities of the determination of value of goods at the date of past within the framework of the commodity expertise. A t the present stage in Ukraine there are no meaningful studies and regulations on conducting the commodity expertise to determine the value of goods in the past, so this issue needs further study to create a unified and comprehensive approach while conducting the commodity expertises on the value of goods at the date of the past and development of a methodology that will be used in forensic expert practice during the conduct of commodity expertises, to ensure the systematization and methodological uniformity of the expert practice, reducing the complexity and time spent during expertises. Thus, the formation and development of property valuation are possible only in market conditions with a clear definition of the role and place of the state in matters of pricing and legal regulation of entrepreneurial activity. In addition, it is necessary to develop ways to improve the effectiveness of research that could provide the necessary conditions to protect professional competence of a forensic expert for appealing expertise results in court.

scholarly journals The questions of territorial jurisdiction of advocating for the election or extension of pre-trial detention

2020 ◽  
pp. 10-20
Author(s):  
Oleg Aleksandrovich Kravchenko ◽  
Roman Valer'evich Fedorov
Keyword(s):  
Preliminary Investigation ◽  
Accurate Determination ◽  
Case Law ◽  
Legal Regulation ◽  
Criminal Proceedings ◽  
Territorial Jurisdiction ◽  
Legal Situation ◽  
Administrative Proceedings ◽  
Principle Of Legality

Accurate determination of the place of preliminary investigation indicates adherence to the principle of legality in criminal proceedings and the achievement of goals on the protection of rights and lawful interests of the affected parties, as well as on protection of individual from wrongful and unfounded accusations and restrictions of their rights and freedoms. Science addresses the general questions pertaining to determination of the place of preliminary investigation, but does not give due attention to realization of discretionary powers of the higher investigating authority to determination of the place of preliminary investigation. The article reveals the essential conditions for application of such power by the investigating authority, and analyzes case law for compliance with these conditions. The conclusion is made that legislation does not contain clear and specific rules for determination of the place of preliminary investigation, including the territorial jurisdiction of advocating for the election or extension of pre-trial detention. The author describes the flaws in legal regulation associated with the possibility of determination of jurisdiction of a case in administrative proceedings, by means of law enforcement decision prior to the emergence of legal situation (for example, before  submission of a request for the election or extension of pre-trial detention) by lowering the rank of investigating authority, for example to district level. From the practical perspective, elimination of such flaws should facilitate the proper application of the corresponding legal norm, as well as accurate determination of the place of preliminary investigation.

Constitutional and legal issues of application of clause 1, part 1, article 39 of the Criminal procedure code of the Russian Federation

2021 ◽  
Author(s):  
Oleg Kravchenko
Keyword(s):  
Preliminary Investigation ◽  
Accurate Determination ◽  
Case Law ◽  
Legal Regulation ◽  
Criminal Proceedings ◽  
Territorial Jurisdiction ◽  
Legal Situation ◽  
Administrative Proceedings ◽  
Principle Of Legality

Accurate determination of the place of preliminary investigation indicates adherence to the principle of legality in criminal proceedings and the achievement of goals on the protection of rights and lawful interests of the affected parties, as well as on protection of individual from wrongful and unfounded accusations and restrictions of their rights and freedoms. Science addresses the general questions pertaining to determination of the place of preliminary investigation, but does not give due attention to realization of discretionary powers of the higher investigating authority to determination of the place of preliminary investigation. The article reveals the essential conditions for application of such power by the investigating authority, and analyzes case law for compliance with these conditions. The conclusion is made that legislation does not contain clear and specific rules for determination of the place of preliminary investigation, including the territorial jurisdiction of advocating for the election or extension of pre-trial detention. The author describes the flaws in legal regulation associated with the possibility of determination of jurisdiction of a case in administrative proceedings, by means of law enforcement decision prior to the emergence of legal situation (for example, before submission of a request for the election or extension of pre-trial detention) by lowering the rank of investigating authority, for example to district level. From the practical perspective, elimination of such flaws should facilitate the proper application of the corresponding legal norm, as well as accurate determination of the place of preliminary investigation.

scholarly journals Mechanism of removal of a forensic expert in criminal proceedings: problem issues

2020 ◽  
pp. 33-41
Author(s):  
Liliia MARTYNOVA ◽  
Iryna STASHEVSKA ◽  
Liliia KUZMENKO
Keyword(s):  
Criminal Procedure ◽  
Research Process ◽  
Legal Regulation ◽  
Point Of View ◽  
Structural Method ◽  
Criminal Proceedings ◽  
Systematic Analysis ◽  
Legal Norms ◽  
Its Analysis ◽  
Forensic Expert

Introduction. The Convention for the Protection of Human Rights and Fundamental Freedoms states that everyone has the right to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law to establish the validity of any criminal charges against him. Impartiality, impartiality, objectivity of all subjects involved in criminal proceedings, including a forensic expert, are the key to a fair and efficient trial. The purpose of the paper is a comprehensive, comprehensive study of the mechanism of removal (self-removal) of a forensic expert in criminal proceedings and its analysis in terms of regulations and application in practice. Results. To achieve this goal in the research process used a system of general scientific and special research methods. Terminological analysis was used to reveal the concepts used in the study. The system-structural method was used during the conditional division of the mechanism of withdrawal (self-withdrawal) into stages in accordance with the current CPC of Ukraine. The application of the method of systematic analysis of legal norms allowed to identify gaps, contradictions in the CPC of Ukraine and to formulate proposals for its improvement. The statistical method was used in the study of regulations, formation and substantiation of conclusions. According to the results of the study, a conditional division of the mechanism of withdrawal (self-withdrawal) into stages in accordance with the current CPC of Ukraine was carried out and characterized; outlined and analyzed the grounds for dismissal on which the expert can not perform its function in accordance with current criminal procedure legislation of Ukraine; identified gaps in the legislation governing some aspects of the withdrawal mechanism; problematic practical issues of the procedural order of application for withdrawal (self-withdrawal) are clarified. Conclusion. During the research, substantiated proposals and recommendations were developed and formed, aimed at improving the current criminal procedure legislation on the removal of an expert in order to increase the effectiveness of its application. The scientific novelty of the obtained results is that in the first place, the mechanism of removal (self-removal) of a forensic expert in criminal proceedings is comprehensively studied and its analysis from the point of view of legal regulation and application in practice is carried out.

scholarly journals THE ESSENCE OF THE EXPERT PROVISION IN THE CRIMINAL PROCEEDINGS

2016 ◽  
Vol 16 ◽  
pp. 156-162
Author(s):  
N. M. Tkachenko
Keyword(s):  
Legal Regulation ◽  
The State ◽  
Judicial Power ◽  
Criminal Proceedings ◽  
Structural Element ◽  
Forensic Expert

Attention is focused on the lack of an agreed opinion on the terminology used for the denotation of the activities on expert provision of justice in Ukraine. The content of the terms "provision", "expert provision of justice", "forensic-expert activity", etc. are disclosed. The state of the normative-legal regulation of the notion "forensic-expert activity" is analyzed. It is proposed to consider the expert provision of the criminal proceedings as a structural element of the expert provision of the judicial power. The author’s interpretation of the notion "expert provision of criminal proceedings" is given.

scholarly journals THE CONTENT AND PECULIARITIES OF THE POWERS OF EXPERTS AS SUBJECTS OF INTERACTION WITH LAW ENFORCEMENT BODIES

2019 ◽  
Vol 20 (2) ◽  
pp. 207-215
Author(s):  
S. Naumenko
Keyword(s):  
Law Enforcement ◽  
Legal Regulation ◽  
Criminal Proceedings ◽  
Field Of Study ◽  
Objective Study

The article defines the content and peculiarities of the powers of experts as subjects of interaction with law enforcement bodies. It is proved that in cooperation with law enforcement authorities, experts are given a certain amount of authority, which is more related to their participation in criminal proceedings and is sufficiently detailed in the current legislation. It has been established that to date, the powers of experts in the field of interaction with law enforcement bodies require detailed study, identification of gaps in their legal regulation and determination of ways of their elimination. All rights of experts in the field of interaction with law-enforcement bodies are proposed to group according to the purpose of their implementation: 1) rights that are implemented in order to carry out a complete, comprehensive and objective study; 2) security rights. The indicated duties are proposed to be grouped into two groups: 1) related to conducting expert research; 2) involved in participation in criminal proceedings. It has been established that all rights and obligations in the field of study should be considered through their division into those that are necessary for them to conduct a full, comprehensive and objective study, and those that determine their ability to participate in criminal proceedings.

scholarly journals LEGISLATIVE MODEL FOR THE SECURITY OF INTERROGATION BAN AS A WITNESS IN CRIMINAL PROCEEDINGS

2021 ◽  
Vol 31 (1) ◽  
pp. 108-116
Author(s):  
N.G. Muratova
Keyword(s):  
Legal Regulation ◽  
Legal Analysis ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Witness Testimony ◽  
The Past ◽  
Constitutional Right ◽  
Legislative Model ◽  
The Right ◽  
Democratic Norms

The author examines the legal regulation of the legislative regulation of the prohibition of interrogation as a witness, which has been increasingly strengthening over the past five years. The list of persons who cannot be interrogated as a witness in criminal cases is steadily expanding. The genesis of the safety of witness testimony lies in the ancient democratic norms of domestic and foreign legislation. Can we say that this is related to the institution of witness immunity, or is it a slightly different idea of the legislator? The author, on the basis of a historical and legal analysis of legal acts, substantiates the opinion about the idea of safety of prohibition of interrogation as a witness as a fundamental mechanism for the implementation of the constitutional right to state protection and the right to a legislative list of cases of exemption from the obligation to testify. The study offers a cross-sectoral analysis of the circumstances that are the criteria for prohibiting interrogation as a witness in criminal cases. A legislative model of procedural security procedures for the prohibition of interrogation as a witness is proposed.

scholarly journals The goal of the methodology for legal regulation of victim protection

2021 ◽  
Vol 118 ◽  
pp. 03009
Author(s):  
Oleg Aleksandrovich Tarnavsky
Keyword(s):  
Law Enforcement ◽  
Legal Regulation ◽  
Theoretical Concept ◽  
Compensatory Mechanism ◽  
Criminal Proceedings ◽  
Comprehensive Reform ◽  
Victim Protection ◽  
Stated Problem ◽  
Development Prospects

The purpose of the research is to develop a theoretical concept of a security and recovery arrangements for protecting the violated rights and interests of persons, who have suffered from the commission of crimes in the framework of criminal proceedings, with the determination of the development prospects, legal support as well as the use in law enforcement practice. The methodological background of this research was such fundamental methods of scientific knowledge as general methods (analysis, synthesis, induction, deduction, analogy), as well as special methods (comparative legal and formal legal). The research resulted in making the conclusion about the positive transformations in the criminal process of recent years; finally, the victim of a crime is gradually becoming key in the context of the changes introduced by the criminal procedural legislation. But it is believed by the author that the improvement of the criminal procedural mechanism should be not occasional but a comprehensive reform of the goals, objectives and principles of all criminal procedural activities, with an emphasis on the compensatory mechanism of legal regulation. The novelty of the research lies in the author’s approach to the consideration of the stated problem and that it made it possible to assert that the scientific understanding of the ideological content of the methodology of legal regulation of the protection of a victim implies the reform of criminal proceedings, from its content to the procedural position of the victim and restorative procedures.

scholarly journals Notary and notarial activities of consular offices: introduction of changes regarding the activities of consular institutions in performing notarial actions

2021 ◽  
pp. 20-23
Author(s):  
Oksana Shutenko
Keyword(s):  
Legal Status ◽  
Professional Competence ◽  
Legal Regulation ◽  
Human Migration ◽  
National Language ◽  
Office Work ◽  
New Approach ◽  
The Status

The article is devoted to the study of problematic issues of performing notarial acts by consular institutions of Ukraine abroad. The relevance of the study is related to the global processes of globalization, the expansion of human migration and labor opportunities, in which the first place goes to human self-realization in the world. Determination of the legal terminology and the legal status of the entities, responsible for the implementation of notarial activities abroad. Differences in the status of the consular section of the diplomatic embassy are analyzed, as their employees are diplomatic employees and an independent consulate, whose employees are consular officials. Attention is paid to the problem of correctly determining the subject of notarial acts, based on the analysis of current legislation. The emphasis is made on the problems of the quality of notarial actions, access to the profession, proper professional competence of employees of consular institutions in the implementation of notarial actions. The problem of access to special registries. A new approach to solving these problems is proposed by introducing a new legal specialty - a lawyer for consular offices with skills in notarial activity. This affects the development of civil relations and the desire to protect them, to guarantee them in an indisputable notarial order, being abroad by applying to a body of national rather than foreign (host country) jurisdiction. Significant factors are the convenience of such treatment: the national language of office work, national legal regulation (both substantive legal relations, and procedural, which regulate the procedure of notarial acts), the relative affordability of notarial acts, performed by consular offices, the lack of the following procedure legalization of the performed notarial act and documents

scholarly journals FEATURES OF CONDUCTING FORENSIC AND ECONOMIC EXAMINATIONS RELATED TO THE FINANCIAL POSSIBILITY OF ENTERPRISES AND ORGANIZATIONS TO REPAY SALARY

2021 ◽  
Author(s):  
M. Rudaia ◽  
M. Zholobetska
Keyword(s):  
Labor Law ◽  
Criminal Code ◽  
Criminal Proceedings ◽  
The Subject ◽  
Wage Arrears ◽  
Expert Practice

The article is devoted to the generalization of approaches to conducting expert examinations and expert studies of late payment of wages. The main problems of non-payment of wages were discovered and identified and cases of illegal payment of wage arrears in violation of labor law norms were considered. The features of conducting forensic economic examinations related to the determination of the financial ability of enterprises to repay wage arrears have been studied. Based on the expert practice, the questions are summarized that are often posed to experts, pre-trial investigation bodies and the court during the investigation of criminal proceedings initiated under Article 175 of the Criminal Code of Ukraine, the subject of expert examinations of this category is formulated and the classification of objects and the purpose of expert research is given. A list of documents has been determined that must be provided to an expert for conducting a study in accordance with the applied methods and selected methods.

Exploring Limits on the Use of Administrative Agencies in the Felony Criminal Process

1999 ◽  
Vol 33 (3) ◽  
pp. 539-574
Author(s):  
Norman Abrams
Keyword(s):  
United States ◽  
The United States ◽  
Past Century ◽  
Criminal Proceedings ◽  
Judicial Process ◽  
Criminal Process ◽  
The Past ◽  
Administrative Agencies ◽  
Internal Policy

When we think of criminal proceedings, we ordinarily have in mind judicial process, that is a process in which decisions are made by a judge, and, typically in the United States, a jury. Over the course of the past century in the United States, however, certain decision-making aspects of felony criminal proceedings have been handed over to administrative agencies. Examples have been the involvement of administrative agencies in the determination of the sentence to be served in felony cases and the creation of the United States Sentencing Commission with authority to promulgate guidelines that limit the discretion of judges in determining the sentence. Nor are the examples limited to the latter stages of the criminal process. In some jurisdictions, prosecutors have behaved exactly like ordinary administrative agencies by promulgating internal policy in the manner of rulemaking.

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