scholarly journals PROBLEMS OF FORMING OF CRIMINALISTIC METHODICAL MEANS IN STRUCTURE OF COUNTERACTION TO CRIMES AGAINST JUSTICE

2018 ◽  
Vol 18 ◽  
pp. 73-80
Author(s):  
M. V. Shepitko
Keyword(s):  
Decision Making ◽  
Criminal Procedure ◽  
Criminal Process ◽  
State Register ◽  
Procedure Code ◽  
The Subject ◽  
The Individual

The article is devoted to the study of the problems of formation of criminalistic methodical means in the structure of counteraction to crimes against justice. The place of criminalistic methods in the system of criminalistic knowledge and criminalistics as a science and practice іs with that aim analyzed. The historical backgrounds of the use of guidelines for the investigation of crimes certain types are specified. The problems of constructing special criminalistic methods are considered, concerning its structure, types, dependencies, goal, and the subjects that use it. Particular attention was paid to the study of various scientists positions regarding the individual elements of this technique. It is proved that the formation of special criminalistic methods of investigating a crime against justice, considering the possibility of combining them into a complex of criminalistic methods of crimes against justice, requires the installation of a “consumer” who should apply such criminalistic recommendations in the form of this mehods. Transforming models of the criminal process from inquisitorial to adversarial and mixed leads to the fact that the person investigating the crime receives a new and changing set of functions and powers from the legislator. Often this leads to the fact that the persons conducting a pre-trial investigation of crimes are called differently. According to the current Criminal Procedure Code of Ukraine, the investigator actually lost procedural independence, which led to the fact that another procedural figures began to perform certain functions of the pre-trial investigation (or decision making at this stage): detective, prosecutor as procedural manager and the investigating judge. Accordingly, the methods for investigating crimes (including crimes against justice) should be formed taking into account the subject to which they apply. A separate problem in the formation of special criminalistic methods has become the growing need for their registration in the relevant state register, which will allow monitoring the effectiveness and quality of investigating such crimes.

scholarly journals Control and record of negotiations as investigations and operational search event

2019 ◽  
pp. 177-182
Author(s):  
Виктор Шаров ◽  
Viktor Sharov
Keyword(s):  
Russian Federation ◽  
Criminal Procedure ◽  
Criminal Cases ◽  
Criminal Process ◽  
Common Features ◽  
Procedure Code ◽  
The Subject ◽  
The Russian Federation

In the article the analysis of article 186 of the criminal procedure code of the Russian Federation “Monitoring and recording of conversations” and operational search event “Listening to telephone conversations” are their common features. It is concluded that there are no significant differences between them and there is a transfer of operational search event in the criminal process as an investigative action, as the logic of construction, so the subject of its implementation (operational units) and the method of (behind the scenes). Three options three options for the development of procedural legislation, wider use of operational and search activities of proof in criminal cases.

FUNCTIONING OF THE MENTAL DEFENSES IN THE CONDUCT OF INTERROGATION WITHIN THE CRIMINAL PROCESS

2018 ◽  
Vol 28 (6) ◽  
pp. 2161-2165
Author(s):  
Hristo Ivanov Popnikolov
Keyword(s):  
Objective Assessment ◽  
Critical Conditions ◽  
Criminal Process ◽  
External Influences ◽  
Administration Of Justice ◽  
Individual Protection ◽  
The Subject ◽  
The Individual ◽  
The Cost ◽  
Subjective Side

From the subject presented in the report it is evident that the pre-trial and the court bodies may, to some extent, be influenced both by the person of the accused and by his competence to participate in the criminal process. In this regard as an expert, the psychologist can offer invaluable assistance. Each expertise would assist all actors involved in the administration of justice on their objective assessment of the offenders, the understanding of their individual protection and the inherent self-justification during procedural actions. The involvement of psychologists in the criminal process is key to establishing the truth in the investigation, because every crime as an act has a subjective side, expressed in the psychic attitude of the perpetrator to the committed act. Establishing these psychological motives is a key point in the criminal process with a view to establishing the truth.Psychological protection stabilizes the personality in the critical conditions of counteraction, related to the elimination of the experiences of tension, anxiety, stress and frustration, leading to maximum mobilization of its resources and at the same time to their overpayment. Thus, the individual who is the subject of the process action is protected against the adverse external influences, but at the cost of a lot of effort and enormous loss of nervous-mental energy, which increases his own vulnerability instead of contributing to its reduction. The appearance and functioning of psychological protection can be significantly impeded by the interaction of the investigator with the accused. Even more complicated is the situation when it breaks the communication contact that may arise in the psychological alienation and self-isolation of the accused due to the desire to protect himself.Protective psychological dominance is a real psychic activity that investigators, investigators, investigators and judges need to take into account in order to effectively deal with their task and to overcome the resistance of the investigated persons and in a time to prove in a lawful and moral way their guilt and participation in the commitment of the crimes.

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

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

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

The Individual and Administrative Justice

2021 ◽  
Author(s):  
Naomi Creutzfeldt
Keyword(s):  
Decision Making ◽  
Justice System ◽  
Service Users ◽  
Perceptions Of Fairness ◽  
Decision Making Processes ◽  
The Subject ◽  
Individual Justice ◽  
The Individual ◽  
Individual Service ◽  
Administrative Justice

This chapter discusses what individual justice means in the realm of administrative justice. The standards of justice and fairness that apply in administrative decision-making need consideration from the perspective of the service user. Should the administrative justice system serve the citizen or the state? What role do individual service users have in the design, use, and evaluation of more bureaucratic systems of redress? Different notions of justice, as they relate to primary decision-making processes, have been described through various models. This chapter provides a set of tools with which to study the subject and argues for the importance of user voice and perceptions of fairness in the provision of a more citizen-focussed justice.

To the Matter of Procedural and Legal Problems of Detaining a Person on Suspicion of Committing a Crime

2021 ◽  
Author(s):  
E.V. Bolshakov ◽  
◽  
I.D. Nazarov ◽  
Keyword(s):  
Russian Federation ◽  
Criminal Procedure ◽  
Criminal Case ◽  
Judicial Practice ◽  
Procedure Code ◽  
Legal Nature ◽  
The Status ◽  
The Subject ◽  
The Russian Federation ◽  
The Moment

The subject of the research within the framework of the article is the criminal procedure institute for the detention of a person on suspicion of committing a crime. The legal nature of this institution is analyzed, and comments are given on the normative legal acts and judicial practice regulating the issues of detention. The theoretical basis of the research is based on the publications of the last two decades on this problem, in particular, reflecting the discussion of the process scientists S. A. Shafer, S. B. Rossinsky and A. A. Tarasov, the subject of which was the issue of the legal nature of a suspect detention in a criminal case. In the paper, the authors ask the following questions: What is the detention of a person on suspicion of committing a crime in accordance with the legislation of the Russian Federation? From what moment does the detained person acquire the status of a suspect? Is it possible to detain a person before initiating a criminal case? The study concludes that a person acquires the actual status of a suspect from the moment of direct detention, that is, before documenting this status and, as a result, before initiating a criminal case. Amendments to the articles of the Criminal Procedure Code of the Russian Federation are proposed, and the authors` versions of the definitions of the concepts «detention of a suspect», «the moment of actual detention» and «pre-trial proceedings» are given.

scholarly journals Search in Criminal Procedure of Russia and Germany: Comparative Legal Characteristics

2018 ◽  
Vol 50 ◽  
pp. 01159
Author(s):  
Anton Shamne
Keyword(s):  
Comparative Analysis ◽  
Federal Republic ◽  
Russian Federation ◽  
Criminal Procedure ◽  
Federal Republic Of Germany ◽  
Procedure Code ◽  
The Status ◽  
The Subject ◽  
The Russian Federation ◽  
Similarities And Differences

The article compares the Criminal Procedural Codes provisions of the Russian Federation and the Federal Republic of Germany that regulate conducting a search as an investigative act. It also provides and compares the definitions of the concept “search” and “dwelling” given in Russian and German criminal procedural legislation. The reasons for conducting the search in general and the search of dwelling are considered, similarities and differences are revealed in relation to the status of the subject who is under the search. The author characterizes the search of dwelling and gives a comparative analysis of this investigative action as well as the notion of “urgent cases” in both countries. The authors also proposed some brief recommendations for improving the norms of the Russian Federation Criminal Procedure Code.

scholarly journals The Development of the Legal Position of Legal Entities in Russian Criminal Proceedings

2021 ◽  
Vol 2 ◽  
pp. 48-53
Author(s):  
Galina I. Sedova ◽  
◽  
Yulia V. Drazhevskaya ◽  
Keyword(s):  
Historical Analysis ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
Legal Entity ◽  
State Register ◽  
Procedure Code ◽  
Legal Position ◽  
The Russian Federation ◽  
Definition Of ◽  
Legal Entities

The current Criminal Procedure Code of the Russian Federation, while securing the opportunity for a legal entity to participate in criminal proceedings, does not establish which organizations are to be understood as a “legal entity”. In this regard, this concept in the criminal process is often identified with the civil-legal definition of a legal entity, leaving behind its framework organizations that are not subject to registration in the Unified State Register of Legal Entities. Meanwhile, historical analysis indicates that legal entities were participants in criminal procedural relations long before the concept of “legal entity” was consolidated in civil legislation, as well as the establishment of the procedure for their registration. At the same time, starting from the XI century, the possibility of participation of legal entities in the criminal process was determined by criteria that have not lost their relevance at the present time.

scholarly journals Right of the detainee to have contact with a lawyer or solicitor and to direct consultation with them as an element of the Right of Defence

2021 ◽  
Vol 57 ◽  
pp. 71-83
Author(s):  
Justyna Żylińska
Keyword(s):  
Criminal Procedure ◽  
The Real ◽  
Legal Advice ◽  
Real Contact ◽  
Procedure Code ◽  
The Subject ◽  
The Right ◽  
Legal Consequences

The subject of this study is an analysis of the detainee’s right to have contact with a lawyer or solicitor and to direct consultation with them as an element of the right of defence. The right of defence is also applicable with respect to detainees. An important element in the process of its fulfi lment is the real contact of the detainee with a lawyer or solicitor. In particular, it allows the detainee to obtain legal advice, not only with respect to the current procedural situation but also with respect to further legal consequences and ultimately effect the rights of defence to which the detainee is eligible in the manner consistent with his/her actual procedural interests. The author’s intention is to examine the scope and rules of application of the rights of the detainee as set out in Art. 245 of the Criminal Procedure Code and the analysis of its effect on the detainee’s effective exercising of the right of defence.

scholarly journals Operasi Tangkap Tangan (OTT) Tinjauan Berdasarkan KUHAP Dan Undang Undang Nomor 30 Tahun 2002 Tentang Komisi Pemberantasan Korupsi (KPK)

Corruptio ◽  
2020 ◽  
Vol 1 (2) ◽  
pp. 75
Author(s):  
Frisca Tyara M Fanhar
Keyword(s):  
Criminal Procedure ◽  
Legal Basis ◽  
Administration System ◽  
Procedure Code ◽  
Reliable Source ◽  
Standard Operating ◽  
Source Of Information ◽  
The Ideal ◽  
Legal Force

The ambiguity regarding the mechanism and limits of the authority of the arresting operations carried out by the corruption eradication commission raises public assumption that the authority exercised by the corruption eradication commission has violated the law and even violated human rights, namely taking arbitrary actions (unprocedure).The problem in writing this study is How can the legal force of the operation of the corruption eradication commission arrest if viewed from the aspect of the Criminal Procedure Code and Law Number 30 of 2002 Concerning the Corruption Eradication Commission? What are the criteria for an alleged crime using a arrest operation? What is the ideal way for the Corruption Eradication Commission to carry out arrest operations? This study uses a Normative and Empirical Juridical approach. Normative research is carried out on matters that are theoretical principles of law, whereas an empirical approach is carried out to study law in reality. The results of the study found that legal force of the act of arrest operations of the corruption eradication commission if viewed from the aspect of the Criminal Procedure Code and Law Number 30 of 2002 Concerning the Corruption Eradication Commission actually the act of arrest operations of the corruption eradication commission does not have a strong legal basis from the juridical aspects of criminal law. problem of violating the principle of due processof law Criteria for Alleged Crime Using a hand arrest operation due to the type or quality of the target of corruption is not a simple crime and therefore the need for a hand arrest operation, and ideally the commission of asan corruption In carrying out arrest operations, it is necessary to have a good case administration system starting from the stage of collecting data and information that is based on an accurate and reliable source of information, after that conducting an investigation in accordance with the standard operating procedures that have been determined then at the execution stage such as conduct monitoring, undercover, tapping and then the operation of arresting the authority must be in accordance with the legislation. The suggestion that can be done is that the legal basis for Operation of Catching Hands must be immediately included in the article instrument in the corruption eradication commission law so that its authority is not at issue

Decision Making in Acute Care: A practical framework supporting the ‘best interests’ Principle

2006 ◽  
Vol 13 (3) ◽  
pp. 284-291 ◽  
Author(s):  
Susan Bailey
Keyword(s):  
Quality Of Life ◽  
Decision Making ◽  
Acute Care ◽  
Best Interests ◽  
Limited Information ◽  
Life Saving ◽  
Pain And Suffering ◽  
Life Sustaining Treatment ◽  
The Individual

The best interests principle is commonly utilized in acute care settings to assist with decision making about life-saving and life-sustaining treatment. This ethical principle demands that the decision maker refers to some conception of quality of life that is relevant to the individual patient. The aim of this article is to describe the factors that are required to be incorporated into an account of quality of life that will provide a morally justifiable basis for making a judgement about the future quality of life, and therefore the best interests, of critically ill patients who are mentally incompetent. This account consists of three major components - pain and suffering, body functioning, and autonomy - and is applicable in situations where very limited information is available to guide decision making. This framework helps to make decisions about the provision of life-saving treatment that are as consistent as possible in all patient situations.

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