scholarly journals LEGAL ASPECTS REGARDING THE APPLICATION OF HOUSE ARREST IN CRIMINAL PROCEEDINGS

2020 ◽  
Vol 11 (87) ◽  
Author(s):  
Alexander Ilchenko ◽  
◽  
Oleksiy Bezvin ◽  
Keyword(s):  
Developed Countries ◽  
The United States ◽  
Legal Aspects ◽  
The State ◽  
Precautionary Measure ◽  
Criminal Proceedings ◽  
House Arrest ◽  
Court Proceedings ◽  
Precautionary Measures ◽  
The Individual

The article considers the legal aspects of the use of house arrest and its characteristics. The legislation regulating the use of house arrest has been analyzed. The expediency of using electronic means of control has been studied, which is a very important aspect of the use of house arrest. The purpose pursued by house arrest is formed. The positive aspects and conditions of the use of house arrest for the state, for the person to whom it applies, and members of his family are highlighted. An analysis of international experience in the use of house arrest in developed countries, namely the United States and France. At present, precautionary measures in Ukraine are an integral part of criminal proceedings, without which it is impossible to imagine a proper and holistic course of pre-trial investigation and court proceedings, protection of the individual, society and the state, and other tasks of criminal proceedings not only in Ukraine but also in Ukraine. developed countries. House arrest is one such precautionary measure. This is a fairly modern and advanced precautionary measure, which is essentially a set of restrictions and prohibitions imposed on the accused, suspect in connection with his full or partial isolation within the dwelling, in accordance with the decision of the investigating judge, the court. precautionary measures implemented and controlled by the authorized bodies. However, the mechanism of house arrest cannot be considered perfect, as evidenced by studies of this measure of restraint. The introduction of house arrest in the criminal procedure legislation of Ukraine indicates positive changes that allow to improve the situation of the suspect, accused. Unfortunately, many issues remain open, but the establishment of stricter rules and laws by the state does not always have to be seen as an effective punishment mechanism.

scholarly journals The Impact of COVID-19 Pandemic on the Realization of the Constitutional Rights and Freedoms of Criminal Proceedings' Participants

2020 ◽  
Vol 14 (5) ◽  
pp. 786-797
Author(s):  
Olga Andreeva ◽  
Oleg Zaycev ◽  
Anna Kudryavceva
Keyword(s):  
Law Enforcement ◽  
Infectious Diseases ◽  
Russian Federation ◽  
The State ◽  
Constitutional Rights ◽  
Criminal Proceedings ◽  
The Russian Federation ◽  
Court Proceedings ◽  
The Individual ◽  
The Impact

The recent emergence of such new previously unknown threats to the state, the society and the individual that are not provided for in the key documents on strategic development of the Russian Federation as the pandemic of COVID-19 will lead to long-term unpredictable consequences and make a considerable impact on all spheres of activity. In the future, other previously unknown and equally dangerous infectious diseases may emerge and crisis situations may develop. The goal of this study is to identify the problem areas of criminal proceedings in crisis situations and to develop research-based and practically relevant recommendations aimed at ensuring the constitutional rights and freedoms of criminal proceedings participants in an emergency situation, a lockdown introduced to protect the life and health of these participants as well as people they contact with, regardless of their procedural legal status. Specific tasks of the study: 1) to identify the special features of Russian legislation that regulate the procedure of the preliminary investigation and the court inquiry of a criminal case that permit distance participation of any criminal case participants; 2) to analyze the results of the work of the Supreme Court of the Russian Federation that took into account the threats that the pandemic poses to the state, the individual and the society; 3) to present the views of Russian and foreign researchers of court proceedings on the analyzed sphere of activities; 4) to study the international experience connected with the impact of infectious diseases on criminal justice; 5) to present recommendations regarding the future development of legislation and improvement of the practice of law enforcement aimed at ensuring the constitutional rights and freedoms of the participants of criminal proceedings in the conditions of emergency. The methodological basis of research is the dialectical method of cognition, the general research methods of abstracting, analysis and synthesis, as well as specific legal methods: comparative-legal, logical-legal, etc. The authors have come to the conclusion that COVID-19 pandemic had a considerable influence on the introduction of new information and communication technologies into the criminal court proceedings. The existing situation convincingly demonstrates that it is necessary to search for new conceptual ideas and technologies, to use them in the doctrine of criminal procedure law and to develop research-based suggestions on improving legislation and the practice of law enforcement, which will effectively ensure the constitutional rights and freedoms of the subjects of criminal procedure relations in the conditions of isolation, including a right to a fair trial and access to justice. The authors argue for the expediency of modernizing legislation, for the transition of court proceedings from a simple written form to the electronic one, as well as to the paper-free interaction of all criminal proceedings participants.

Foundations of International Aid

1960 ◽  
Vol 329 (1) ◽  
pp. 137-143
Author(s):  
Jane M. Hoey
Keyword(s):  
Well Being ◽  
International Aid ◽  
Developed Countries ◽  
The United States ◽  
Moral Foundations ◽  
Economic Progress ◽  
Political Independence ◽  
The Developed Countries ◽  
The Individual

The newly developing countries desire not only political independence but also economic progress for their people—a progress which they can see, and are now aware of, in the rest of the world. The role of the developed countries is to extend aid to the needy. Moral foundations underlie the donor's contributions, but they are more than that, they are the means for acquiring support for international aid in the donor's country. The United States must assume the leader ship among' the free nations in granting aid; she must accept this role because of her economic achievements and technologi cal advantages. Donators of such aid should take cognizance of the complementary character and interrelatedness of economic and social development. For economic development, however much it is sought, is not an end in itself, rather the aim is the well-being and happiness of the individual. Such a goal neces sitates economic aid accompanied by social aid. Social welfare can also be a vehicle to achieve peace, inasmuch as people-to- people relationships generate brotherly love—the only lasting foundation for peace.—Ed.

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.

Letters to the Editor

PEDIATRICS ◽  
1957 ◽  
Vol 20 (5) ◽  
pp. 918-919
Author(s):  
AIMS C. MCGUINNESS
Keyword(s):  
United States ◽  
Bacterial Infections ◽  
The United States ◽  
The State ◽  
Letters To The Editor ◽  
Mild Disease ◽  
The Individual

I certainly agree with Dr. Dietrich that Asian influenza thus far has been a mild disease and not too serious a problem for the individual. Dr. Burney has pointed this out on a number of occasions, as, for example, in his remarks before the State and Territorial Health Officers on August 27. I agree, too, that the availability of antibiotics to deal with secondary bacterial infections should, to a great extent, minimize the severity of any epidemic in the United States.

CONCERNING THE STRUCTURE OF PUBLIC LEGAL INTEREST IN CRIMINAL COURT PROCEEDINGS

2021 ◽  
pp. 26-30
Author(s):  
Алексей Викторович Дашин ◽  
Петр Михайлович Малин ◽  
Алексей Васильевич Пивень
Keyword(s):  
Preventive Measures ◽  
Criminal Court ◽  
Public Authority ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
The Public ◽  
House Arrest ◽  
Legitimate Interest ◽  
Court Proceedings ◽  
Constituent Elements

В статье анализируется структура публичного законного интереса в уголовном судопроизводстве, входящих в него элементов на примере института домашнего ареста. Авторская модель публичного законного интереса участников уголовного процесса «привязана» к стадийности и может распространяться не только на вопросы, связанные с мерами пресечения. По мнению авторов, публичный законный интерес в контексте рассматриваемой проблемы воплощается в жизнь на основе нормативно установленного действия, содержащего конкретно сформулированные правила, устанавливающие четко определенные права и обязанности участников правоотношений. Данная деятельность сопряжена с определенными этапами (стадиями), которые в той или иной степени характерны соответствующей мере пресечения, и возможна в той стадии, где осуществляется оценка действий, предпринятых должностным лицом, осуществляющим производство по уголовному делу. Реализация публичного законного интереса, заявленного следователем, дознавателем на избрание домашнего ареста, зависит от того, как соответствующие устремления оценят другие должностные лица - руководитель следственного органа, прокурор (не обладающие правами реализации публичного законного интереса), то есть от их усмотрения. Законодатель не предоставляет следователю, дознавателю возможность «непосредственно» обратиться в суд - участнику процесса, наделенному правом реализовать их устремление на избрание меры пресечения. Подобные «преграды» не предусмотрены в законе для иных участников уголовного процесса, не наделенных публичной властью и стремящихся реализовать свой законный интерес. The article analyzes the structure of public legitimate interest in criminal proceedings, its constituent elements on the example of the institution of house arrest. The author's model of the public legitimate interest of participants in the criminal process is «tied» to the stage and can extend not only to issues related to preventive measures. According to the authors, public legitimate interest in the context of the problem under consideration is brought to life on the basis of a normatively established action containing specifically formulated rules establishing clearly defined rights and obligations of participants in legal relations. This activity is associated with certain phases (stages) that are more or less characteristic of the corresponding measure of restraint, and is possible at the stage where the actions taken by the official conducting the criminal proceedings are evaluated. The realization of the public legitimate interest declared by the investigator, the investigating officer for the election of house arrest depends on how the relevant intentions will be evaluated by other officials - the head of the investigative body, the prosecutor (who do not have the rights to realize the public legitimate interest), i.e. on their discretion. The legislator does not give the investigator, the inquirer the opportunity to turn «directly» to the court - a participant in the process, entitled to realize their intentions for the election of measures of restrain. Such «barriers» are not provided in the law for other participants in the criminal process who are not endowed with public authority and who seek to realize their legitimate interest.

scholarly journals State Control of the Interpretation of Genomic Studies and Medical Applications in the United States of America

2018 ◽  
Vol 22 (3) ◽  
pp. 328-344
Author(s):  
Anzhelika R Sakhipgareeva
Keyword(s):  
United States ◽  
United States Of America ◽  
Genetic Research ◽  
The United States ◽  
Legal Aspects ◽  
The State ◽  
Genomic Research ◽  
Medical Applications ◽  
State Control ◽  
Genomic Studies

This Article is devoted to the theoretical ideas about the features of state control in genomic research and medical applications in the United States of America. The purpose of this study is to examine the legal aspects of the interpretation of genomic research and medical applications in the United States of America, to study the features of the state control of medical applications, as well as companies providing services in the field of genomic research. As a result of the review, the author provides with the information about several features of the state control of the US Food and drug administration (FDA), degree of regulatory intervention in the activities of genetic research companies, identify classification of medical applications apps.

POWERS OF THE PRESIDING JUDGE IN A JURY TRIAL IN THE CONTEXT OF ADVERSARIAL PRINCIPLES OF RUSSIAN CRIMINAL PROCEDURE

2021 ◽  
pp. 64-76
Author(s):  
Tatyana K. Ryabinina ◽  
◽  
Daria O. Chistilina ◽  
Keyword(s):  
Citizen Participation ◽  
Criminal Procedure ◽  
The State ◽  
Jury Trial ◽  
Criminal Proceedings ◽  
Strict Adherence ◽  
Jury Trials ◽  
Definition Of ◽  
The Individual

The main objective is to examine the powers of the presiding judge in jury trials in the context of adversarial principles of criminal proceedings. Particular attention will be paid by the authors to different approaches to the notion of adversariality and the definition of the role of a professional judge in such courts, as well as the degree of his activity during the judicial investigation. The main methods used by the authors were dialectical and systematic method, analysis, synthesis, as well as special legal methods of knowledge. The outcome of the research will be a definition of the role of the presiding judge in a jury trial. Forms of criminal procedure that allow the individual to directly participate in the deci-sion-making process of the judiciary are responsible for ensuring citizen participation in the administration of justice in the state. Two such forms have been developed in the world practice so far: the classical jury trial model and the Scheffen model. Each of them provides certain (broad or narrow) powers of a professional judge, the scope of which determines the degree of independence of citizens and the ultimate prospects for the development of a system of popular democratic justice in an adversarial system of criminal proceedings. In today's Russia, the classical jury trial model, modeled after the English jury trial, does not provide for broad powers of the court. In addition, there is the adversarial principle in Russia, which is fostered by the existence of jury trials. However, strict adherence to its provisions may lead to a misunderstanding of the role of the presiding judge in such a court. The activity of a professional judge should be balanced in accordance with the needs of the criminal case under consideration. Thus, requesting additional evidence in the course of the trial in order to verify existing evidence should not be considered a violation of the adversarial principle. Thus, the development of the optimal model for jury trial functioning as well as the determination of the presiding judge's role in the context of adversarial principles of criminal proceedings is a socially-systemic task. It requires a comprehensive dogmatic, comparative-legal and political-legal approach in order to develop the jury trial model which is more con-sistent with the legal system of the state.

scholarly journals The right to private communication using telecommunication means: National and international legal aspects of protection

2019 ◽  
Vol 68 ◽  
pp. 01021
Author(s):  
Olexandr Panasiuk ◽  
Larysa Grynko ◽  
Anna Prokhazka
Keyword(s):  
Human Rights ◽  
Personal Data ◽  
Legal Aspects ◽  
The State ◽  
European Countries ◽  
European Convention ◽  
Private Communication ◽  
Criminal Proceedings ◽  
The Right ◽  
Case Basis

Today's challenges dictate the need to strengthen the national and international legal mechanisms for the protection of personal data and the right to private communication. However, considered rights are not absolute. Legitimate restriction of guaranteed rights is possible, since these means of communication are a powerful tool in the investigation and disclosure of hard/very hard crimes, including transnational ones, especially considering the terrorist threats to Ukraine and other European countries. The possibility of restricting human rights, arising from the guarantees enshrined in the European Convention on Human Rights and consistently enshrined in the ECHR, demands from the state the least compulsory guarantee while interfering with the rights of individuals – to act “in accordance with the law”. Law protection of personal data and right to privacy are researched in the context of peculiarities of conducting investigative (search), secret investigative (search) and other procedural actions in criminal proceedings, which concern access to some telecommunication means (e.g., smartphones). Taking into account different functional purposes of technical means of telecommunication, access and collecting of evidence contained therein, should be carried out on a case-to-case basis, in a different procedural form, considering specifics of telecommunication technologies in each particular case.

Peak Car Travel in the United States: Two-Decade-Long Phenomenon at the State Level

2015 ◽  
Vol 2531 (1) ◽  
pp. 36-44 ◽  
Author(s):  
Timothy J. Garceau ◽  
Carol Atkinson-Palombo ◽  
Norman Garrick
Keyword(s):  
United States ◽  
Economic Growth ◽  
State Level ◽  
Developed Countries ◽  
The United States ◽  
The State ◽  
Economic Consequences ◽  
National Scale ◽  
Peak Car ◽  
Car Travel

Peak car travel is an international phenomenon that became evident in the United States on a national scale in 2004. Potentially related to peak car travel is the decoupling of economic growth from driving levels. A wealth of research has addressed these phenomena on a national scale in the United States and other developed countries. Yet few studies have been undertaken on other geographic scales, especially the statewide scale in the United States. This study investigated U.S. state-level driving and economic patterns from 1980 to 2011 to understand occurring changes. The research results showed that peak car travel first occurred at the state level as early as 1992 in Washington State, whereas another 10 states peaked in 2000. By 2011, 48 of the 50 states had peaked. The longevity of this phenomenon at the state level provided evidence that peak car travel in the United States was a more permanent phenomenon than previously thought. In addition, the decoupling of economic growth from driving was evident at the state level. In the 1980s, these indicators were positively correlated at the state level. A significant change occurred by the 2000s, however, when any significant connection ceased for most states. For four of the earliest peak car travel states, the relationship between economic growth and driving turned negative. This finding showed that decreases in driving were not associated with negative economic consequences. Rather, in several states, driving reductions were now associated with increased, rather than decreased, economic growth.

The State Delegations and the Structure of Party Voting in the United States House of Representatives

1956 ◽  
Vol 50 (4) ◽  
pp. 1023-1045 ◽  
Author(s):  
David B. Truman
Keyword(s):  
United States ◽  
House Of Representatives ◽  
Voting Behavior ◽  
The United States ◽  
The State ◽  
Congressional Voting ◽  
Minor Significance ◽  
Party Voting ◽  
The Individual ◽  
State Delegations

Recent controversies over the degree of responsibility displayed by American parties have underscored at least one feature of voting in the Congress. Whatever the merits of the contending interpretations and demands, the facts adduced on both sides suggest relatively fluid, unstructured voting patterns, especially in the House of Representatives. Although the party label is clearly the single most reliable indicator of congressional voting behavior, it is admittedly somewhat less than perfect. The individual Representative may fairly often dissent from the views of most of his party colleagues, not only on matters of local or minor significance but also on issues of national or even global import.The Representative's “independence” is most commonly, and in a good many instances accurately, ascribed to peculiarities of his constituency which generate demands for a non-conforming vote or, perhaps more frequently, are expected to be the source of recriminations and penalities if he does not display independence of his party colleagues on certain types of issues. But the Member of Congress is by no means always able to predict the electoral consequences of his choices even though he is sure that they may produce repercussions in his district.

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