scholarly journals CRIMINAL PROCEEDINGS: ISSUES OF THE CONCEPTING-CATEGORIAL APPARATUS

2021 ◽  
Vol 1 (1) ◽  
pp. 36-42
Author(s):  
Anatoliy Volobuev ◽  
◽  
Olena Volobueva ◽  
Keyword(s):  
Applied Sciences ◽  
Law Enforcement ◽  
Cognitive Dissonance ◽  
Cognitive Activity ◽  
Criminal Proceedings ◽  
Theoretical Justification ◽  
Concepts And Categories ◽  
Dead End ◽  
The Status ◽  
Tactical Decisions

The article analyzes the changes in the conceptual and categorical apparatus of the sciences of the criminal-legal block in connection with the updating of the criminal and criminal procedural legislation of Ukraine. Reforming of criminal and criminal procedural legislation in Ukraine, normative introduction of new terms has created a certain cognitive dissonance in the system of concepts and categories, which negatively affects both law enforcement activities and research of legal phenomena. It is noted that the normative introduction of new categories into circulation without proper theoretical justification generates a number of contradictions in solving many problems of criminal proceedings. The necessity of bringing the concepts and categories of the branch and applied sciences of the criminal-legal block to a systematic nature is stated, which is the key to making correct procedural and tactical decisions in the course of criminal proceedings. The conclusion is formulated that the conceptual-categorical apparatus acquires the qualities of systematic and consistency only when the process of forming concepts and categories consistently goes through all the stages – from theoretical hypotheses (sentences) to their practical testing and legalization. The development of the conceptual and categorical apparatus of the sciences of the criminal law block (its system and consistency) is an important tool of cognitive activity in research and in the practical activities of criminal proceedings. As experience shows, it is inevitable to avoid gaps and contradictions in legislation and scientific concepts, which put, in particular, pre-trial investigation bodies, in a dead end and cause dubious decisions in the conditions of adversarial process. The stated position, of course, concerns certain problematic concepts and categories, does not claim the status of absolute truth and recognition and is an invitation to further analysis of this issue.

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.

scholarly journals Initiation of Criminal Proceedings against a Particular Person as the Ground for Recognizing him as a Suspect (para 1, part 1, art. 46 of the Criminal Procedure Code of the Russian Federation)

Lex Russica ◽  
2021 ◽  
pp. 71-78
Author(s):  
I. V. Smolkova
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Statistical Data ◽  
Criminal Procedure ◽  
Criminal Prosecution ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
The Status ◽  
Legitimate Interests ◽  
The Russian Federation

The paper is devoted to the analysis of a new ground for recognition of a person as a suspect, introduced under the Code of Criminal Procedure of the Russian Federation, namely, the initiation of a criminal case against the person. The ground under consideration has caused controversial debates among criminal process scholars. The author has carried out a retrospective analysis of the legislative regulation of this ground for giving a person the status of the suspect. The paper evaluates various doctrinal approaches to its merits and disadvantages. The author also demonstartes the need for the new ground for recognition of a person as the suspect in law enforcement on the basis of statistical data, according to which more than half of criminal cases in Russia are initiated against a particular person. The study at question reveals an interconnection between initiation of proceedings upon commission of a crime and a particular person. The conclusion is substantiated that the recognition of a person as a suspect in case of initiation of criminal proceedings against him is aimed at ensuring his right to protection from criminal prosecution. However, the issuance of the order to initiate criminal proceedings against a particular person entails the possibility of implementation of coercive criminal procedural measures against him. It is shown that suspicion forms the substantive basis of recognition of a person as the suspect. The author criticises the approach according to which the issuance of the order to initiate criminal proceedings against a particular person forms an allegation that he has committed an act prohibited under the criminal law. Under this approach the assumption is made that can later be either proven or refuted in the course of further investigation. The author criticises the practice of dividing criminal cases into a judicial perspective and lacking such a perspective, which entails violations of the rights and legitimate interests of individuals suspected in committing crimes.

scholarly journals The peculiarities of questioning of minors: problems and solutions

2020 ◽  
pp. 20-30
Author(s):  
Anna Dorosinskaia ◽  
Irina Bliznyuk
Keyword(s):  
Comparative Analysis ◽  
Law Enforcement ◽  
Practical Importance ◽  
Juvenile Crime ◽  
Crime Statistics ◽  
Research Subject ◽  
Criminal Proceedings ◽  
Problems And Solutions ◽  
The Status ◽  
China And Japan

The research subject is the questioning of juvenile participants of criminal proceedings; the research object is the peculiarities of this investigative procedure. The research is of a theoretical nature; the authors analyze and study the particular aspects of the questioning of minors. The research is based on the formal-legal, comparative-legal and the systems methods. The authors study in details such aspects of the issue as juvenile crime statistics for 2008 - 2020 and the factors promoting its growth. Special attention is given to the preparation for the questioning and the very procedure of questioning of a juvenile person. The article contains preliminary and final conclusions. The authors consider the participants to the procedure of questioning of minors whose presense at the procedure is required, and the temporal limits for such an interrogation established by law. The urgency of studying the specificity of the status of a children's counsel is determined by the need for its statutorization, and contains in itself the novelty of the research. The formalization of the modernization of the conditions of the questionning of minors, and the issues of acceptability of its repetitive conduction are of a practical importance for law-enforcement activities. For the purpose of a comparative analysis, the authors consider the procedural peculiarities of the questioning of minors contained in the criminal procedure laws of China and Japan. 

The Status of Mind and Intellect in Digital Environment

2020 ◽  
Vol 63 (2) ◽  
pp. 123-143
Author(s):  
Elena I. Yaroslavtseva
Keyword(s):  
Human Life ◽  
Cognitive Activity ◽  
Memory Loss ◽  
Natural Material ◽  
Human Being ◽  
Connection To Nature ◽  
Digital World ◽  
The Status ◽  
Natural Foundation ◽  
The Impact

The article examines the impact of digitalization on human life and intellectual experience. The development of computer technology demands an understanding of new aspects of human development and requires a capability to overcome not only external conditions but also ourselves. Entering a new level of development cannot imply a complete rejection of previous dispositions, but should be accompanied by reflection on personal experience and by the quest for new forms of interaction in society and with nature. Communicative and cognitive activity of a person has an ontological basis and relies on processes that actually evolve in nature. Therefore, the creation of new objects is always associated with the properties of natural material and gives rise to new points of support in the development of man. The more audacious his projects, the more important it is to preserve this connection to nature. It is always the human being who turns out to be the initiator who knows how to solve problems. The conformity of complex technical systems to nature is not only a goal but also a value of meaningful construction of development perspectives. The key to the nature orientation of the modern digital world is the human being himself, who keeps all the secrets of the culture of his natural development. Therefore, the proposed by the Russian philosopher V.S. Stepin post-non-classical approach, based on the principle of “human-sizedness,” is an important contribution to contemporary research because it draws attention to the “human – machine” communication, to the relationship between a person and technological systems he created. The article concludes that during digital transformation, a cultural conflict arises: in an effort to solve the problems of the future, a person equips his life with devices that are designed to support him, to expand his functionality, but at the same time, the boundaries of humanity become dissolved and the forms of human activity undergo simplification. Transhumanism engages society in the fight against fears of vulnerability and memory loss and ignores the flexibility and sustainability of natural foundation.

Objectification of the Amount of Compensation for Non-Pecuniary Damage in Claims Against Medical Organizations

2020 ◽  
Vol 6 ◽  
pp. 35-44
Author(s):  
L. A. Shmarov ◽  
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Medical Assistance ◽  
Criminal Proceedings ◽  
Enforcement Officer ◽  
Number Of Patients ◽  
The Russian Federation ◽  
Law Enforcement Officer

Based on the analysis of citizens’ claims against medical organizations, as well as on the basis of the analysis of the courts’ consideration of such claims, significant differences were found in the amount of compensation for non-pecuniary damage under various conditions related to both the condition of the victim of medical assistance rendered with defects and on the number of patients. It was shown that it is necessary to further accumulate material in order to obtain a more objective picture of satisfied claims and unification in the Russian Federation. Similar calculations can be carried out for other situations related to the possibility of causing moral harm, for example, disseminating information defaming the honor and dignity of a citizen, or compensating moral harm caused by unlawful actions of a law enforcement officer during criminal proceedings. Using the established average values, the court can, on the basis of established factual circumstances, calculate the amount of compensation for non-pecuniary damage in a particular case.

scholarly journals The exchange of self-incriminating information of athletes between sports organisations and law enforcement

2021 ◽  
Author(s):  
Björn Hessert
Keyword(s):  
Law Enforcement ◽  
Role Model ◽  
Social Impact ◽  
Professional Sports ◽  
Criminal Proceedings ◽  
Law Enforcement Agencies ◽  
Intelligence Gathering ◽  
As Doping ◽  
The Social ◽  
Personal Consequences

AbstractSports organisations generally have the burden of proving sports rule violations of sportspersons subject to their rules and regulations. Sports rule violations can generally be proven by any reliable means. A common approach taken by sports organisations in this respect is the implementation of so-called cooperation and reporting obligations embedded in their regulations. On this basis, athletes can be obliged to provide all kind of documentary evidence related or unrelated to the matter under investigation. This may cause problems to the privilege against self-incrimination of athletes. In addition, obtaining self-incriminating information in internal sports investigations carried out by private sports organisations can have legal and personal consequences that go well beyond the professional life of athletes. The integrity of sport has been characterised as a public interest due to the social impact of amateur and professional sports in most societies. As a consequence, negative sports-related conduct, such as doping or the manipulation of sports competitions, has been criminalised in various national laws to protect sporting values and preserve the role model function of athletes for young members of our society. This development has led to cooperation between sports organisations and law enforcement agencies, such as prosecutors and the police. Specifically, both collaborate in order to assist the other party’s investigations of sports rule violations and criminal offences, respectively. However, the exchange of intelligence between sports organisations and law enforcement may cause some legal tension. If the same misconduct of athletes leads to both internal sports investigations and criminal proceedings, athletes could be forced to provide self-incriminating information in internal sports organisations, which could then be subsequently transmitted to law enforcement. This system of intelligence gathering raises serious concerns regarding the procedural fairness thereof, keeping in mind the detrimental effects for sportspersons under investigations. A closer look is thus necessary to the legitimacy of the exchange of intelligence. Therefore, the aim of this article is to shed some light on this issue and clarify if and under what conditions internally obtained evidence can be passed on to law enforcement agencies.

ARBITRATION FLASH JUSTICE?

2021 ◽  
Vol 11 (1) ◽  
pp. 60-77
Author(s):  
A.R. SULTANOV
Keyword(s):  
Law Enforcement ◽  
Point Of View ◽  
Judicial System ◽  
Court Decision ◽  
Sources Of Information ◽  
Judicial Decision ◽  
Criminal Proceedings ◽  
Russian Science ◽  
Administration Of Justice ◽  
External Conditions

In this article, the author attempts to comprehensively consider such a concept as “flash justice”. The study of this concept, new for Russian science, takes place through the prism of law enforcement practice and the use of many illustrative examples of judicial acts, interviews with representatives of the judicial system and other sources of information. The mentioned phenomenon is considered and evaluated from the point of view of not only civil and arbitration, but also criminal proceedings, where examples are more colorful and clear. The author also cites foreign, in particular English, legal experience as an example. Thus, it is noted that a draft judicial act can be prepared by both the court staff, and its individual provisions can be prepared by the parties. At the same time, the existing guarantees related to the prevention of misleading the judge, as the author notes, contribute to the formulation of the draft court decision, which reflects only the objective facts established by the court and meets the criteria of truth and legality. Also, the article indirectly touches on certain retrospective aspects related to the development of the institution of judicial decision, as well as its transformations in the light of the changing external conditions of the administration of justice.

The Activity of Lawyers in the International Criminal Court: Theoretical and Practical Aspects

2021 ◽  
Vol 8 (3) ◽  
pp. 67-72
Author(s):  
Daria A. Sedova
Keyword(s):  
World War Ii ◽  
International Law ◽  
International Criminal Court ◽  
International Criminal ◽  
World Order ◽  
Criminal Court ◽  
Criminal Proceedings ◽  
Or Groups ◽  
The Status ◽  
Entire History

In the entire history of mankind, a large number of acts of violence and aggression have been committed. Over the past 50 years alone, there have been more than 400 interstate and intrastate conflicts that have claimed the lives of millions of people. Increasingly, there has been an urgent need to protect the violated rights of individuals. The idea of creating a single international body for the protection of human rights has been discussed more than once. For the first time, the idea of creating an international judicial body was expressed in 1948 by the UN General Assembly after the Nuremberg and Tokyo trials at the end of World War II, which issue has been discussed at the United Nations ever since. However, efforts to create such a mechanism have not been successful, despite the need for a permanent criminal court to prosecute and punish those who commit the most serious crimes. In 1998, this idea was realized. The International Criminal Court (ICC) has sought ways to establish a world order with a fair resolution of conflicts. It has long been recognized, the verdict of the Nuremberg Tribunal noted, that international law imposes duties and obligations on specific individuals as well as on the state. [] Crimes against international law are committed by people, not by abstract categories, and only by punishing individuals who commit such crimes can the provisions of international law be respected. To date, the ICC is successfully coping with the task of punishing those persons or groups of persons who have committed the international crimes listed in the Rome Statute. It would seem that the balance between good and evil has been found. The crime has been committed and the criminal punished. But it is important to note that the procedural issues have not been resolved as well as that of punishing criminals. An urgent matter today is the status of defenders of the accused in international criminal proceedings. This question requires not only a doctrinal, but also a practical understanding.

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