scholarly journals INTERROGATION TACTICS: FOREIGN EXPERIENCE

2021 ◽  
Vol 75 (2) ◽  
pp. 153-160
Author(s):  
Ivan Kubariev ◽  
◽  
Serhii Barhan ◽  
Keyword(s):  
Human Rights ◽  
Criminal Proceedings ◽  
Effective Mechanism ◽  
Narrative Approaches ◽  
Foreign Experience ◽  
Cognitive Components ◽  
Leading Role ◽  
Criminal Offenses ◽  
Foreign Countries

The purpose of the study is to acquaint domestic experts with the theoretical developments of foreign criminologists on the tactics of interrogation in the pre-trial investigation and determine the trends of their development. Modern trends in law must qualitative rethinking of existing methods of interrogation in the direction of humanization. New methods of interrogation, which have been developed in foreign countries, propose to ensure the observance of human rights with the fulfillment of the tasks of criminal proceedings. The study of models such as PEACE and KREATIV shows the possibility of moving from interrogation to procedural interview. A procedural interview is an effective mechanism for collecting and recording accurate, reliable and reliable information during the investigation of criminal offenses. At the same time, modern models of interrogation do not resort to torture and other violations of human rights. Modern approaches to developing interrogation models focus on psychological and cognitive components. They contribute to the preparation of complete and truthful testimony of the interrogated. Thus, the article has described the foreign experience of interrogation as an effective mechanism for obtaining complete and reliable factual data in the pre-trial investigation. Based on the analysis of foreign models, the leading role of the humanistic and narrative approaches have determined in the development of new and improvement of existing methods of interrogation, which will ensure the proper implementation of the tasks of criminal justice. Modern approaches to the development of interrogatory models are concentrated on its psychological and cognitive components, within which the creation and maintenance of the proper level of communication, which will contribute to the completeness and objectivity of indications of interrogated, omitting indictment, coercive or obsessive approaches. According to the results of the research, an attempt we have made to single out the forensic features of interrogation models used in foreign countries to increase the effectiveness of the process of detection and investigation of criminal offenses.

Foreign experience in constitutional and legal regulation of restrictions on human rights in conditions of emergency and martial law

2021 ◽  
Vol 28 (2) ◽  
pp. 55-65
Author(s):  
Oleksandr M. Bukhanevych ◽  
Serhii O. Kuznichenko ◽  
Anastasiia M. Mernyk
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Well Being ◽  
Legal Regulation ◽  
Martial Law ◽  
Foreign Experience ◽  
Foreign Countries ◽  
General Scientific ◽  
The Individual ◽  
Exhaustive List

The study investigates the foreign experience of constitutional and legal regulation of restrictions on human rights in conditions of emergency and martial law in Macedonia, Armenia, Belarus, Moldova, Georgia, Latvia, Lithuania, Albania, Azerbaijan, which is relevantin modern conditions, based on the presence of local military conflicts, emergencies, or the possibility of their existence in many countries of the world. The purpose of this study was to analyse the text and content of the constitutions of foreign countries to clarify and explain the groundsfor restricting human and civil rights and freedoms in conditions of emergency and martial law. To achieve this purpose, the study employed a system of methods of scientific cognition, namely general scientific (analysis, synthesis), particular (comparative, quantitative and qualitative analysis, approximation), as well as special legal (formal legal, comparative legal) methods. The practical value of the study lies in the identification of four prevailing trends in the constitutions of foreign states to the procedure for determining the scope of restrictions on human rights under special regimes: 1) consolidation of an exhaustive list of rights and freedoms in the constitutions, which cannot be restricted during the period of emergency and martial law; 2) consolidation of an exhaustive list of rights and freedoms in the constitution, which can be restricted to protect human rights, the democratic structure of the state, public safety, the well-being of the population and morals; 3) combining the first two options for consolidating restrictions in the text of the constitutions; 4) consolidation of the possibility of limiting the rights and freedoms of the individual in the texts of constitutions by state authorities under special legal regimes in the interests of national security without specifying partiular rights and freedoms that may (or may not) be restricted

scholarly journals Ukrainian Theme in the Documents of Czech Civic Initiatives During the Second Half of the 1980s.

2020 ◽  
pp. 82-93
Author(s):  
Ruslan Postolovskyj ◽  
◽  
Andrij Slesarenko
Keyword(s):  
Human Rights ◽  
Global Scale ◽  
Political Life ◽  
Political Rights ◽  
Public Attention ◽  
East European ◽  
Leading Role ◽  
Charter 77 ◽  
Human Rights Violation

The authors analyzed the presence and content of Ukrainian theme in the documents of Czech civic initiatives during the second half of the 1980s. The development of citizens initiatives has become a catalyst of socio-political life in Czechoslovakia. The number of participants in civic initiatives increased, and their programs were politicized. In program statements the principle of the so-called leading role of the Communist Party of Czechoslovakia was rejected as inconsistent with the principle of equality of citizens and the code of civil and political rights. The source base of this research comprised documents and materials of human rights activists, first presented in the self-published (samizdat) bulletins of independent Czech civic initiatives: “Information on Charter 77” (“Informace o Chartĕ 77”), “The Case of the East European News Agency” (“Zprava vychodoevropske informačni agentury”) and “Bulletin of Independent Peace Commonwealth – Initiative for demilitarization of society” (“Bulletin nezavisleho miroveho sdruženi – Iniciativy za demilitarizaci společnosti”). It has been shown that the Ukrainian theme is presented in two documents of the human rights association of Charter 77: the document “Before the Chernobyl Accident” (May 6, 1986) and the telegram of Czechoslovak human rights activists to Lviv, addressed to the group “Dovira” (“Trust”) (April 22, 1989). Czech “Independent Peace Commonwealth – Initiative for demilitarization of society” and Ukrainian, Lviv, “Dovira” Group, exchanged a letter and a telegram of solidarity. The informational reasons for creating the documents were the Chernobyl disaster – man-made accident on a global scale and the brutal dispersal of a peaceful demonstration in Lviv. Documents of Czech human rights activists and pacifist activists focus public attention on late Soviet realities: concealment of information from society about radioactive contamination and another human rights violation in Soviet Ukraine

scholarly journals THE ROLE OF THE GENERAL SUBJECTS OF HUMAN RIGHTS PROTECTION DURING COVERT INVESTIGATIVE (SEARCH) ACTIVITIES (ACTIONS)

2021 ◽  
pp. 21-30
Author(s):  
А. А. Коваль
Keyword(s):  
Human Rights ◽  
Foreign Policy ◽  
Key Words ◽  
Public Administration ◽  
State Policy ◽  
Criminal Proceedings ◽  
Key Words Human ◽  
Human Rights Protection ◽  
Rights Protection

This article analyzes the system of state bodies and officials who are more or less authorized (obliged) to ensure human rights, including in the conduct of covert investigative (search) actions. According to the tasks performed by each of such subjects, they are divided into two groups: general (those that determine the basis of domestic and foreign policy of the state and public administration strategy, have relevant coordination powers and solve constitutional and legislative strategic tasks in the specified area, or implement state policy in this direction, one of the powers of which is to approve or ensure human rights) and special (subjects of criminal proceedings who are directly involved in the appointment, conduct, and evaluation of the results of the CISA, and who are charged with the protection, protection (enforcement) of human rights in criminal proceedings, including the CISA. Key words: human rights, covert investigative (search) actions, guarantees of rights and freedoms, court investigative judge, participants in criminal proceedings.

scholarly journals Institutional guarantees for the protection of human rights and freedoms: experience of foreign countries

2021 ◽  
pp. 142-145
Author(s):  
I. Shakhnovskaya
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
The State ◽  
Foreign Countries ◽  
Protection Mechanisms ◽  
Protection Of Human Rights ◽  
Judicial Protection ◽  
Indirect Protection

The article examines the main existing institutional guarantees that ensure the protection of human and civil rights and freedoms in foreign countries. Analyzed are judicial protection mechanisms, the activities of prejudicial bodies, as well as mechanisms of extrajudicial protection. The author emphasizes that the protection of human rights and freedoms is a constitutional obligation of the state. Special attention is paid to specialт mechanisms for the protection of human rights, such as the Commissioner for Human Rights, the activities of various bodies of constitutional control; indicates the importance of extrajudicial mechanisms for the protection of rights and freedoms. The author analyzes methods of direct protection of rights and freedoms, as well as the role of executive and legislative authorities as elements of indirect protection.

scholarly journals EXPERIMENTAL INVESTIGATION THROUGH THE PRISM OF FOREIGN EXPERIENCE

2020 ◽  
Vol 10 (86) ◽  
Author(s):  
Oleksandr Haborak ◽  
Keyword(s):  
Criminal Procedure ◽  
Legal Regulation ◽  
Criminal Proceedings ◽  
Legal Traditions ◽  
Criminal Offenses ◽  
Foreign Countries ◽  
General Order ◽  
Simplified Procedures ◽  
Organizational Features ◽  
Procedure Codes

The article analyzes the organizational features and legal regulation of the stage of pre-trial investigation in such countries as Germany, France, Sweden, Estonia, Kazakhstan, Moldova, Russia. The study of criminal procedure legislation of certain countries and its application in practice suggests that there is a tendency to optimize the pre-trial investigation. Most of the considered foreign countries in the construction of simplified procedures for the investigation of minor crimes along with objective factors (low degree of public danger of the act, the obviousness of the crime, the admission of suspects (accused) of their guilt) also proceed from such conditions as equality of arms, awareness and voluntariness of the decision of the suspect (accused) on simplification of criminal procedure, provision of a reasonable level of guarantees of the rights of participants of criminal proceedings, preservation of the general order. Analyzing the pre-trial investigation in different countries, it was concluded that in these countries there are attempts both to approve the common standards of criminal procedure and to preserve their national legal traditions. Ukraine is in the process of reforming its pre-trial investigation bodies. On July 1, 2020, Law № 2617-VIII "On Amendments to Certain Legislative Acts of Ukraine Concerning Simplification of Pre-trial Investigation of Certain Categories of Criminal Offenses" (as amended) entered into force, aimed at humanizing criminal proceedings in accordance with European legislation. Today, our state has already moved from the stage of adopting legislative initiatives to the consistent implementation of the provisions of this Law, which are enshrined, in particular, in the Criminal and Criminal Procedure Codes of Ukraine. In this regard, the positive experience of the studied foreign countries (especially such post-Soviet countries as Estonia and Kazakhstan, which have a common past with Ukraine and which have already made successful steps in this area) will be useful for domestic professionals to qualitatively and timely eliminate all conflicts and gaps that arise during the application of the Law № 2617-VIII "On Amendments to Certain Legislative Acts of Ukraine to Simplify the Pre-trial Investigation of Certain Categories of Criminal Offenses", make all necessary relevant decisions, and thus increase efficiency pre-trial investigation bodies.

scholarly journals PECULIARITIES OF INTERROGATION IN THE INVESTIGATION OF CRIMINAL OFFENSES IN THE FIELD OF REAL ESTATE

2020 ◽  
Vol 1 (4(106)) ◽  
pp. 207-214
Author(s):  
О. В. Коршун
Keyword(s):  
Real Estate ◽  
Objective Assessment ◽  
Criminal Activity ◽  
Criminal Proceedings ◽  
Current Trends ◽  
Criminal Offenses ◽  
Number Of Factors ◽  
Scientific World ◽  
Depth Study

The article considers the concepts, procedural and tactical features of interrogation of different categories of persons during the investigation of criminal offenses in the field of real estate. It is emphasized that interrogation is the most common investigative (search) action in absolute percentage with other procedural actions. During its holding it is possible to establish information about the event of the crime, its circumstances, participants, the role of each, etc. The information received from the subjects of criminal proceedings may cover a significant number of factors that will allow an objective assessment of the situation and used in the evidentiary process, in order to bring the perpetrators to justice. It is established that the issues of interrogation are constantly in the center of close attention of scientists, which is due to the constant improvement of ways of committing crimes and changing the mechanism of criminal activity in general. Practice is forced to respond to various innovations, and representatives of the scientific world are constantly trying to find new ways to solve problems related to the effective conduct of investigative (search) actions. This presupposes the adoption of effective measures in line with current trends and changes in forms of criminal activity, including in the field of employment. It is emphasized that due to the specifics of criminal offenses in the field of real estate, the question of the need for in-depth study of organizational, tactical and procedural aspects of the interrogation of various persons in proceedings of this category is urgent. It is emphasized that the peculiarities of establishing psychological contact and tactics of direct interrogation differ significantly, depending on the procedural status of the interrogated person. If the victim or witness is mostly in contact and prone to communication, a large arsenal of tactics should be used against the suspects, including: presenting evidence; announcement of testimony of other persons; the use of contradictions in the testimony of the same person; creating the impression of awareness of the investigator; suddenness factor, etc. The organizational and tactical features of interrogations in proceedings of this category are determined, the circumstances to be established are outlined and the list of issues that determine the specifics of criminal offenses in the field of real estate is given.

scholarly journals The Constitutionalism Doctrine in Criminal Proceedings: The Russian and U.S. Experience

2021 ◽  
Vol 1 ◽  
pp. 9-14
Author(s):  
Viktor A. Shestak ◽  
◽  
Vadim A. Shaynurov ◽  
Keyword(s):  
Human Rights ◽  
Detailed Analysis ◽  
Significant Influence ◽  
Constitutional Rights ◽  
Criminal Proceedings ◽  
Judicial Practice ◽  
The Us ◽  
Protection Of Human Rights

Тhe authors have researched the role of the doctrine of constitutionalism in criminal proceedings, as well as identified modern tendencies in the development of criminal proceedings in the sphere of protection of human rights and freedoms. Besides, on the basis of detailed analysis of the US legislation, the peculiarities of implementation of the principle of constitutionalism in criminal proceedings were identified. The US judicial practice that had a significant influence on guarantees of constitutional rights and freedoms of a person was considered.

scholarly journals The Role of the Prosecutor in the Prevention and Elimination of Investigative Errors: Russian and German Experience

2018 ◽  
Vol 12 (3) ◽  
pp. 424-430 ◽  
Author(s):  
Holm Putzke ◽  
Aleksey Tarbagaev ◽  
Аleksandr Nazarov ◽  
Ludmila Maiorova
Keyword(s):  
Criminal Court ◽  
Criminal Prosecution ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
Police Investigation ◽  
Leading Role ◽  
Procedure Code ◽  
Protection Of Human Rights ◽  
Court Proceedings

The paper is devoted to the prevention, identification and correction of mistakes during the preliminary criminal investigation because establishing the offence and all the circumstances that constitute evidence forms the basis for a just verdict, helps prevent crimes against justice and reach other goals of punishment. The authors present the conceptual and normative background for the model of permanent prosecutors supervision as the dominant control and supervision activity in the pre-trial criminal proceedings that allows to effectively implement the strategies of criminal prosecution and protection of human rights. This model establishes the authority of the prosecutor for the procedural management of the criminal prosecution in the criminal process as a significant supervision authority. The tasks of identifying, correcting and preventing (not making) mistakes in pre-trial investigations are equally urgent in Russia and in Germany. Although the Criminal Procedure Code of Germany gives the prosecutors office the leading role in the investigation, in practice the investigation is more often carried out by the police while the role of the prosecutor is reduced to summarizing the results of the police investigation and making the final decisions. At the same time, the prosecutors office has considerable powers of discretion regarding the initiation or non-initiation of criminal prosecution, the prosecutor uses his/her own discretion to determine the procedure and method of investigation. It is important to examine some aspects of the prosecutors role in German criminal court proceedings within the framework of correcting investigation mistakes in Russian criminal process. The model of prosecutors supervision presented in the paper does not preclude the legislative provisions for the transfer of some authority of the court to the prosecutor at the pre-trial stages of the criminal process. This model of prosecutors supervision allows timely and effective identification, correction and prevention of investigation mistakes at the pre-trial stages of criminal court proceedings.

scholarly journals The Punitive Authorities of Independent Administrative Bodies and Its Role in Widening the Circle of Criminality

2017 ◽  
Vol 6 (1) ◽  
pp. 156
Author(s):  
Rana Atour
Keyword(s):  
Human Rights ◽  
Economic Activity ◽  
Vital Role ◽  
Economic Activities ◽  
Criminal Proceedings ◽  
Legal Provisions ◽  
European Court ◽  
Domestic Courts ◽  
Economic State

The punitive authorities of independent administrative bodies and their role in the widening circle of criminality have been the main focus of the study. The study has evaluated the criminal justice agencies, such as the French Constitutional Council and the European Court of Human Rights. Some domestic courts have been playing a vital role in enhancing the criminal proceedings for administrative offences. The role of penal legislation is essential to find, so the study reviewed the role of punitive authorities of independent administrative bodies in widening the circle of criminality. The independent administrative bodies in the economic activity lack legal guarantees and consecration that may be deliberated, and practiced under the guise of flexibility and speed to ensure effective economic state. Penal legislator should punish the offenders following the acts of disciplinary sanctions and administrative bodies. It has been observed that there are still some differences and imperfections in nature among countries concerning the national legislations. Decisions and judgments are issued by the administrative bodies; whereas, some large administrative bodies are found in the areas with greater economic activities. It has been found that there is lack of legal guarantees and consecration, which may be practiced to ensure the efficient economic state. The independent administrative authorities do not violate the legal provisions, which governs the sectors. The study has concluded that the power of punishment is no longer effective to the criminal judge. The independent administrative authorities do not violate the constitution and the legal provisions, governing the sectors.

Novelty in ECtHR Case Law on Torture, But It Is Not Enough—Reopening Domestic Proceedings to End Impunity

2017 ◽  
Author(s):  
Giuliana Ziccardi Capaldo
Keyword(s):  
Human Rights ◽  
Supreme Court ◽  
Constitutional Law ◽  
Case Law ◽  
Criminal Proceedings ◽  
Full Effect ◽  
Unitary Approach ◽  
Jus Cogens ◽  
Evolutionary Interpretation

This editorial focuses on the violation of the jus cogens principle of non-impunity for acts of torture as occurred in the Cestaro v. Italy case, where the perpetrators went unpunished due to the statute of limitations. The Italian Supreme Court failed to apply this principle of global constitutional law. Nor did the ECtHR implement effective remedies against impunity. The author proposes reopening time-barred criminal proceedings as a useful tool against impunity to give full effect to ECtHR jurisprudence supporting the generally recognized principle of the non-applicability of statutory limitations to crimes against humanity.She stresses the need to enhance the effectiveness of the supervisory role of the ECtHR in ensuring the observance of jus cogens human rights principles—of which the ECHR “forms part”—through a unitary approach of courts to the fight against impunity based on an evolutionary interpretation of the Convention, which would provide more effective and integrated protection of such rights.

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