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 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.

Current State of Legislation, Law Enforcement and Judicial Practice in the Sphere of Conclusion, Modification and Termination of Lease Agreements for Land Plots, Concluded for Construction Purposes

2020 ◽  
Vol 1 ◽  
pp. 16-23
Author(s):  
V. V. Cheremukhin ◽  
Keyword(s):  
Law Enforcement ◽  
System Analysis ◽  
Legal Regulation ◽  
Scientific Development ◽  
Synthesis System ◽  
Judicial Practice ◽  
Current State ◽  
General Scientific ◽  
Statistical Indicators

Construction, as a sphere of the national economy, has impressive statistical indicators, determining the importance and relevance of its proper legal regulation, especially in terms of land use for relevant purposes. This article discusses the current situation in the sphere of provision of land plots for construction purposes, further alteration and termination of the relevant lease relations; provides a detailed analysis of the current legislation, law enforcement and judicial practice in such sphere. The purpose of the article is to analyze and summarize legislation judicial and law enforcement practice in this area, as well as the development of specific directions for a comprehensive dissertation research, proposals for improving the legislation regulating these relations. This goal is achieved by solving tasks such as studying of the existing legal regulation of disputed legal relations, law enforcement and judicial practice, identification of problematic and conflict-of-laws issues in the field under consideration, review of the degree of scientific development of the research topic, determination of trends in the development of this sphere of legal relations, development of specific proposals for changing legislation and law enforcement practice. General scientific (synthesis, system analysis, analogy) and special (formal-legal, comparative-legal) methods are used to solve the above problems. Based on the results of consideration of these issues, the author formulates the main problems of the legal relations under consideration, an assessment of the current degree of scientific development of this field is given, the main directions of the planned scientific research are also outlined, proposals are formulated to improve legislation and law enforcement practice.

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.

scholarly journals CRIMINAL POLICY REGARDING CRIMES COMMITTED IN THE SPHERE OF BUSINESS

2020 ◽  
pp. 40-56
Author(s):  
Oleg A. Zaitsev ◽  
◽  
Vladimir P. Kashepov ◽  
Stanislav L. Nudel ◽  
◽  
...  
Keyword(s):  
Law Enforcement ◽  
Criminal Policy ◽  
Legal Protection ◽  
Legal Regulation ◽  
Economic Security ◽  
Economic Crime ◽  
Criminal Prosecution ◽  
Criminal Proceedings ◽  
Economic Rights ◽  
Economic Relations

In the article, the authors consider the problems of the formation and implementation of criminal policy in relation to crimes committed in the field of entrepreneurial activity in the context of the development of criminal and criminal procedural law and law enforcement practice. In the Russian Federation, special attention is paid to building trust between government and business; stability and predictability of legal regulation of economic relations; the formation of a law enforcement system that effectively protects economic rights and freedom of entrepreneurship. At the same time, the current norms on responsibility for crimes of an eco-nomic orientation in conjunction with procedural forms of criminal proceedings, as well as their actual implementation, cause justified concern in the science of law and law enforcement practice due to their imperfection. Ensuring the protection of economic relations should be expressed not only in combating economic crime, but also in the development of effective criminal law and criminal procedural mechanisms for protecting the legitimate interests of entrepreneurs who may be involved in the sphere of criminal proceedings. The leading components of Russian criminal policy in the field of economic security are such forms of legislative transformation as criminalization and decriminalization. The ongoing socio-political and economic transformations necessitate the decriminalization of certain acts (for example, in relation to pseudo-business; deliberately false advertising, consumer fraud, etc.) or require the criminalization of certain acts in the economic sphere (in particular, in relation to the falsification of a single state register of legal entities, illegal retail sale of alco-holic and alcohol-containing food products, etc.) The humanization of legislation is substantiated by modern concepts of substantive and procedural guarantees for ensuring the rights of entrepreneurs, aimed at mitigating measures of criminal repression, the need to maintain a balance of private and public interests that need appropriate legal protection. Modern criminal policy is inevitably associated with the further modernization of criminal proceedings, the democratization of its principles and means of law enforcement. At the same time, the main emphasis is placed on the creation of a special, favorable procedural regime in the conduct of preliminary investigation and court proceedings. First of all, this concerns changes in the procedure for applying preventive measures. In addition, in cases of crimes in the field of entrepreneurial and other economic activity, the criminal procedure legislation has undergone changes, fixing the features: the procedure for considering a report of a crime; initiation of a criminal case against entrepreneurs; the performance of procedural actions with electronic media, other items and documents seized in the course of criminal proceedings; release from criminal liability and termination of criminal prosecution, etc. It is concluded that, within the framework of the state's criminal policy, one should expect changes and additions to criminal and criminal procedural legislation aimed at strengthening trust between the government and business, the formation of a fair law enforcement system that can effectively protect basic economic rights and freedom of entrepreneurship.

scholarly journals Use of intelligence tools of operational and search activities in pre-trial investigation

2021 ◽  
Vol 10 (45) ◽  
pp. 105-112
Author(s):  
Oleh Tarasenko ◽  
Artem Shevchishen ◽  
Yurii Yermakov ◽  
Dmytro Mirkovets ◽  
Yaroslav Diakin
Keyword(s):  
Law Enforcement ◽  
System Analysis ◽  
Law Enforcement Officers ◽  
Theoretical Method ◽  
Legal Regulation ◽  
Criminal Proceedings ◽  
Search Activity ◽  
The Subject ◽  
Operational Activities ◽  
Legal Grounds

The purpose of the article is to determine the features and legal grounds for the use of tools of operational and search activities in the pre-trial investigation. Subject of research: The subject of research is covert investigative (search) actions and operational and search measures. Methodology: dialectical method, formal logic methods, logical and semantic method, system analysis method, theoretical method, normative and dogmatic method, legal modeling method. The results of the study: Distinguishing between investigation and search measures, we apply the following principle: if the object of operational activities is already known to law enforcement officers we are talking about search measures, if not – about investigation measures. Practical consequences: The possibility of legal regulation of the use of tools of operational and search activity at the stages of criminal proceedings is determined. Value / originality: It is concluded that the list of operational and search measures also includes those that have no analogues with the CISAs and therefore operational and search measures do not duplicate the CISAs, but perform the task of ensuring the possibility of fulfilling the investigator’s instructions to conduct the CISAs.

scholarly journals Personal Reception of Citizens: Problems of Legal Regulation and Implementation

Lex Russica ◽  
2019 ◽  
pp. 71-83
Author(s):  
A. V. Savoskin
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Legal Regulation ◽  
Government Agency ◽  
Legislative Regulation ◽  
The Russian Federation ◽  
Constitutional Right ◽  
The Government

Personal reception represents a way of submitting citizens’ complaints and one of the forms of implementation of the constitutional right of citizens to appeal (complain). However, the legislative regulation of the issue under consideration seems insufficient, which has given rise to adverse law enforcement practice.The article determines signs of personal reception that allow us to distinguish it from other types of citizen’s communication with officials. The paper makes a thorough analysis of the duty of officials to conduct personal reception. Two models of performing the reception are highlighted: 1) personal reception is carried out only by chairpersons (of the government agency as a whole, its deputies or heads of structural divisions); 2) personal reception is carried out not only by chairpersons, but also by other authorized officials or specialized units. Moreover, the paper focuses on the problem of delegation of the obligation to perform personal reception to other officials.The paper investigates the procedure of personal reception that includes four stages: registration for personal reception (optional stage); arrival of a citizen at the place and time provided for personal reception, identification and determination of the order of personal reception; personal intercourse with the official, including a statement of the essence of the oral request or submission of a written application; registration of a personal reception card. Special attention is paid to the issue of registration of a personal reception, which allowed to formulate conclusions about the most relevant content of a personal reception card. The procedure of holding the all- Russian day of personal reception and experience of introduction of regional uniform days of personal reception in constituent entitities of the Russian Federation is analyzed.Also, the author scrutinizes the experience of organizing personal receptions in various governmental bodies and authorities in order to generalize additional guarantees of the rights of citizens during personal reception, as well as to develop an approximate list of feasible constrains.

scholarly journals Protection of Victims in Estonia: A Survey Determining the Status Quo After Implementation of the Directive 2012/29/EU

2019 ◽  
Vol 2 (1) ◽  
pp. 47-65
Author(s):  
Anneli Soo ◽  
Kerly Espenberg
Keyword(s):  
Law Enforcement ◽  
Police Officers ◽  
Online Survey ◽  
Criminal Proceedings ◽  
Law Enforcement Agencies ◽  
Face To Face ◽  
Legal Professionals ◽  
The Status ◽  
Law Enforcement Officials

An online survey was conducted in Estonia among 223 judges, prosecutors, police officers and victim support officers; 223 victims were interviewed via phone and 26 legal professionals (including lawyers) were interviewed face to face with an aim to determine the level of protection of victims after implementation of the Directive 2012/29/EU. The results reveal that victims lack knowledge about their rights although law enforcement agencies are, in general, convinced that they do a good job in this respect. Victims desire criminal proceedings in which they are respected, their opinion is heard and matters, and they are kept informed about developments of the case. The reality, however, does not meet their expectations. As law enforcement agencies are focused on determining guilt of a defendant, victims’ needs fall to the background. There seems to be a dichotomy between the expectations of law enforcement officials and those of the victims: While the latter awaits to be contacted and informed, the officials expect at least certain initiative from victims themselves. The idea that victims should be allowed to speak just to provide them with satisfaction and sense of fair proceedings is still somewhat strange for the authorities. When it comes to sentencing, some state officials believe that the opinions of a victim should not even be asked as determination of the punishment is court’s business. Victims’ opinions are much more readily heard in the conciliation proceedings, which are based on the ideas of restorative justice, but in which defendants’ needs seem to have been forgotten.

USE OF SPECIAL KNOWLEDGE DURING THE PRE-TRIAL INVESTIGATION OF CRIMES THAT ENCROACH ON THE NATIONAL SECURITY OF UKRAINE

2020 ◽  
Vol 10 (4) ◽  
pp. 109-114
Author(s):  
Oleh Batiuk ◽  
Keyword(s):  
Law Enforcement ◽  
National Security ◽  
Criminal Group ◽  
Legal Regulation ◽  
Scientific Article ◽  
Criminal Proceedings ◽  
Law Enforcement Agencies ◽  
Special Knowledge ◽  
Psychological Knowledge ◽  
Empirical Material

The author aimed to reveal the content and forms of use of special psychological knowledge during the proceeding of interrogation in the pre-trial investigation of crimes that encroach on the nationalsecurity of Ukraine in the provisions of the scientific article. Namely, for fulfilling the intended goal, the author determines in the provisions of the scientific article that the use of special psychological knowledge at the stage of pre-trial investigation, of course, can be the great benefit for establishing the truth in the case and the lack of their wide and effective application in criminal proceedings is caused, first of all, by imperfection of the theory of use of special psychological knowledge and of legal regulation of the activity of experts and other persons with special psychological knowledge. This is resulted from primarily to vague and ambiguous theoretical definitions of the concept of special psychological knowledge, subjects, methods of use and forms of their realization. Based on the analysis of theoretical and empirical material, scientifically substantiated conceptual and categorical apparatus concerning the concept of special psychological knowledge, which are used in pre-trial investigation, is defined; the conclusions and proposals that are aimed at improving the procedural and applied aspects of practical application by law enforcement agencies are formulated by the author in the scientific article. According to the author, this will not only deepen scientific knowledge, but also will give the opportunity to use the obtained data in investigative practice, help law enforcement agencies quickly and efficiently to disclose, investigate and conduct measures to prevent of the committing crimes against national security of Ukraine. The results of the research can also be applied during the criminal proceedings, in the process of proving and evaluating evidence, during the qualifying the committed crime and establishing of circumstances mitigating of punishment. The author explored the features of the use of special psychological knowledge during the investigation of the crimes that encroach on the national security of Ukraine, which are committed by the organized criminal group.

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 Current problems of the institute of extradition in modern criminal proceedings Russian Federation

2020 ◽  
pp. 126-135
Author(s):  
S. V. Matveev ◽  
S. M. Kolotova
Keyword(s):  
Law Enforcement ◽  
International Cooperation ◽  
Russian Federation ◽  
Legal Regulation ◽  
Theory And Practice ◽  
Criminal Proceedings ◽  
Law Enforcement Agencies ◽  
Criminal Process ◽  
Legislative Framework ◽  
The Russian Federation

The Institute of extradition is one of the most important areas of international cooperation in the fight against crime, since this tool ensures the achievement of the fundamental principles of the criminal process, which include: the restoration of the rights of the victim violated by the crime, the application of fair punishment to the criminal, despite the differences in the legal regulation of this issue in the jurisdiction of different States. However, should the legal regulation currently, this institution does not have, and therefore the activities of law enforcement agencies in this part cause certain difficulties.The article analyzes some features of the legal regulation of the institution of extradition in the criminal process of the Russian Federation, identifies current problems of theory and practice of application. In addition, the author suggests ways to solve the problems of legal regulation of this institution. Attention is focused on the need to make changes not only to the legislative framework, but also to modernize the extradition mechanism itself. In addition, the current issues that arise in the course of the extradition procedure, both at the request of the Russian Federation and foreign States, are considered. 

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