scholarly journals PROCEDURAL FEATURES OF INVESTIGATORS (SEARCH) ACTIONS AS MEANS OF COLLECTING EVIDENCE IN CRIMINAL PROCEEDINGS AGAINST JUVENILES

2020 ◽  
pp. 400-407
Author(s):  
К. С. Рябченко
Keyword(s):  
Criminal Procedure ◽  
Psychological Characteristics ◽  
Criminal Proceedings ◽  
Criminal Offenses ◽  
Legitimate Interests ◽  
The Subject ◽  
A Minor ◽  
Procedural Rights ◽  
Material Evidence ◽  
Factual Data

The relevance of the article is that evidence in criminal proceedings is the most important part, which is carried out in the manner prescribed by law by the investigator, prosecutor, investigating judge and court with the participation of other participants in criminal proceedings to collect, verify and evaluate factual data (evidence) to establish the reality, substantiate the conclusions and decisions taken. The procedural form of proof is determined by its content. In essence, proving includes cognitive, communicative, witnessing, and mental activity. The first element of the process of proving is the collection of evidence, which consists in identifying sources and carriers of evidentiary information, obtaining, seizing material evidence, fixing, fixing in the statutory procedural form of factual data. One of the most effective procedural ways of gathering evidence is investigative (search) actions. The aim of the work is to analyze the current criminal procedure legislation and the position of scholars on the theory of criminal procedure on the procedure for conducting investigative (search) actions during the investigation of criminal offenses committed by minors. The article is devoted to the study of procedural features of investigative (search) actions with the participation of a minor. Problems were clarified and proposals for their solution were proposed by making changes and additions to the criminal procedural legislation to ensure the realization of procedural rights and legitimate interests of the juvenile. It is concluded that the conduct of investigative (search) actions as a means of obtaining evidence in criminal proceedings against minors are based on the characteristics of the subject of such proceedings - minors. In order to ensure the realization of the procedural rights of a minor, it is proposed to enshrine in the CPC of Ukraine certain provisions that will formulate an order that least disrupts the normal lifestyle of a minor and will correspond to his age and psychological characteristics.

SOME FEATURES OF THE INTERROGATION JUVENILES IN CRIMINAL PROCEEDINGS

2017 ◽  
Author(s):  
Mykhailo Denysovskyi ◽  
◽  
Inna Tomchuk ◽  
Victoria Slotіuk ◽  
◽  
...  
Keyword(s):  
Criminal Procedure ◽  
Practical Experience ◽  
Individual Characteristics ◽  
Theoretical Development ◽  
Criminal Proceedings ◽  
Specialized Education ◽  
Legitimate Interests ◽  
The Subject ◽  
A Minor ◽  
Effective Result

The article considers some features of interrogation of a minor (victim, witness, suspect) in criminal proceedings and its legal settlement in accordance with the current criminal procedure legislation. The issues of participation of a teacher, psychologist and doctor (if necessary), as well as the procedure for their involvement in the interrogation of minors in criminal proceedings were studied. The analysis of mistakes made by investigators during the interrogation of minors is carried out. Depending on their age, minors (victims, witnesses, suspects) have certain psychological characteristics that must be taken into account during their interrogation in order to obtain truthful testimony about the circumstances of the criminal proceedings. On the basis of the conducted scientific research it is concluded that to achieve an effective result during the interrogation of a minor (victim, witness or suspect) is possible with a comprehensive approach to its psychological, age, mental and individual characteristics, as well as serious preparation of the investigator or prosecutor, investigative action. Proposals for improving the current legislation are proposed, which will help to resolve the issue of interrogation of juvenile victims, witnesses and suspects during the pre-trial investigation and to eliminate the gaps and contradictions in the legislation. In particular, when choosing a teacher or psychologist, it is proposed to take into account practical experience and specialized education, as well as to give preference to the teacher with whom the minor has contact, and in the absence of trust - a psychologist, and be sure to involve a psychologist and psychiatrist. on mental disorder or lagging behind in mental development. It is seen that the interrogation of a minor in court is the subject of further theoretical development and requires a separate research and search for ways to improve existing criminal procedure legislation to ensure the rights and legitimate interests of minors in criminal proceedings during their interrogation in court.

FORENSIC CHARACTERISTICS OF VIOLENT CRIMES COMMITTED ON THE GROUNDS OF RACIAL, NATIONAL OR RELIGIOUS INTOLERANCE, AND ITS CONNECTION WITH THE SUBJECT OF PROOF

2021 ◽  
Vol 2 (2) ◽  
pp. 109-118
Author(s):  
Anna Borovyk ◽  
Keyword(s):  
General Procedure ◽  
Criminal Procedure ◽  
Structural Elements ◽  
Criminal Proceedings ◽  
Violent Crimes ◽  
Religious Intolerance ◽  
Procedure Code ◽  
Criminal Offenses ◽  
The Subject

The article is devoted to the concept of forensic characterization of violent crimes committed on the basis of racial, national and religious intolerance, and its main structural elements that are most important in the detection and investigation of crimes in this category. It is noted that the forensic characterization of crimes is a system of general data, information or information about typical features (structural elements) of a certain type of crime, which are important in the investigation and detection of criminal offenses of a particular type. Among the most important elements that are important during the pre-trial investigation of this category of crimes, we have identified the following: the identity of the offender, with his mental activity, which includes a special motive for committing a criminal offense - intolerance; the person of the victim; the subject of criminal encroachment; the manner of committing the crime in the broadest sense; trace picture. The article reveals the concept of the subject of proof and emphasizes that it fully covers Article 91 of the Criminal Procedure Code of Ukraine, concerning the general procedure for proving in the investigation of violent crimes committed on the grounds of racial, national and religious intolerance. Emphasis is placed on the fact that among criminals who commit violent crimes on the grounds of racial, national or religious intolerance, there are minors, which is why, along with the general circumstances covered by Article 91 of the Criminal Procedure Code of Ukraine, are subject to the establishment in criminal proceedings of circumstances that relate directly to minors and provided for in Article 485 of the Criminal Procedure Code of Ukraine. The article examines the relationship between the forensic characterization and the subject of evidence, and substantiates that the forensic characterization serves as an information base for the circumstances that are part of the subject of proof.

scholarly journals Mechanisms of attaining the objectives of criminal procedure on preservation of victims’ rights, freedoms and legitimate interests and prevention of secondary victimization in pre-trial investigation

2021 ◽  
pp. 95-111
Author(s):  
Viktor Novozhylov
Keyword(s):  
Burden Of Proof ◽  
Criminal Procedure ◽  
Direct Result ◽  
Criminal Proceedings ◽  
Secondary Victimization ◽  
Victim Status ◽  
Procedural Code ◽  
Legitimate Interests ◽  
Legal Entitlement ◽  
Procedural Rights

The study is devoted to the issue of legal mechanism of attaining the objectives of criminal procedure on preservation of victims’ rights, freedoms and legitimate interests and prevention of secondary victimization in pre-trial proceedings (initiation of criminal proceedings and pre-trial investigation). This mechanism is composed of the procedure of legal entitlement of a harmed person with procedural status of victim, which provides the opportunity to participate sub actively in criminal process and to take advantages from corresponding legal guarantees in the process; the procedure for providing victims with a written acknowledgement of their formal complaint by criminal justice system officials that ensures that victim’s claim on the assumption that he or she has suffered some sort of harm as a direct result of criminal offense had been committed, is considered as true and simultaneously is examined by providing pre-trial investigation; ensuring that victims have been provided with the opportunity to receive preservation and protection of their violated procedural rights, in particular by providing access to challenge in court in pre-trial investigation processdecisions, actions or actions of investigator, inquirer, prosecutor or investigating judge. The author states that the Criminal Procedural Code of Ukraine prescribe that entitling of a harmed person with victim status is made through autodynamic procedure and that the Code purposely does not lie the burden of proof for attest suffered harm on the victim, which he or she proclaimed in a complaint. The common legal Presumption of Integrity and good faith of the person is embodied in mentioned legal provision and, as the author pointed out, have led to the obligation of competent officers to use an Anticipatory Trust Doctrine in resolving the issue of deprivation of the procedural status of the victim. The burden of proof for absence of harm is lied on investigator or prosecutor according to the author’s interpretation of Part 5 Art. 55 of the Criminal Procedural Code of Ukraine. The Code purposely does not provide the procedure for deprivation of the procedural status of victim in the stage of Trial too. Court order of investigating judge on the cancellation of the prosecutor's decision on deprivation of the procedural status of victim, ipso facto, entitling the complainant with victim status, as it restores the normative provision of first paragraph of Part 2 Art. 55 of the Criminal Procedural Code of Ukraine. The author analyzed nationwide statistic of court orders of investigating judge in two-last-years period and concluded that, on the one hand, the harmed persons often believe that their procedural rights are violated or ignored in pre-trial proceedings (at the initiation of criminal proceedings and in pre-trial investigation), which is leading to increased risks of secondary victimization; on the other hand, the rates of satisfaction of victims' complaints by the investigating judge are high, which proves the effectiveness of the institution of challenging in correcting mistakes that were committed earlier. Keywords: secondary victimization, objectives of criminal procedure, victim, harmed person, anticipatory trust doctrine, presumption of victims’ integrity, preservation of rights, freedoms and legitimate interests of victims, legal entitlement with status of the victim, acquisition of the status of the victim, deprivation of the procedural status of victim, refusal to recognize the victim, challenging in pre-trial investigation.

scholarly journals WAYS OF THEFT IN THE CONDITIONS OF A BIG CITY

2020 ◽  
pp. 322-329
Author(s):  
В. В. Підпалий
Keyword(s):  
Large City ◽  
Psychological Characteristics ◽  
Criminal Proceedings ◽  
Criminal Offense ◽  
Criminal Offenses ◽  
Central Elements ◽  
Big City ◽  
The Subject ◽  
Selection Of

The relevance of the article is that the method of committing a criminal offense is one of the central elements of the forensic characterization of criminal offenses, which provides the largest amount of forensic information, which allows the investigator to navigate the crime and determine the best methods of investigation. The article substantiates that the method of committing theft in a large city depends on objective factors (situation, time, place of commission; object of encroachment, its qualitative and quantitative features; the presence of tools or access to them; the commission of preparatory actions; the presence of accomplices and their qualifications) and subjective (availability of «professional knowledge», physical condition and psychological characteristics of the offender) nature. It was found that the preparation for committing theft in a large city involved the choice of the subject of criminal encroachment; preliminary reconnaissance of the place; development of a plan of criminal actions; observation of the place where the property is stored, or of the property itself; distribution of roles for theft; selection and preparation of the place of storage of stolen property; selection of technical means for penetration into the premises where the property is stored; search for technical means for transportation of stolen property. It is determined that the establishment of a method of committing theft in a large city is the basis for the promotion of operational and investigative and investigative versions and the development of certain tactics. This allows to concentrate the necessary forces and means in the places of probable theft, to provide effective operational maintenance of the most criminogenic objects. In addition, knowledge of the methods of committing thefts in a large city allows the investigator (coroner) to methodically correctly determine the directions of pre-trial investigation of criminal proceedings. It should be added that offenders, in turn, seek to use methods that would significantly complicate the investigation or make it impossible. For this purpose, new ways of committing a criminal offense and its concealment are being sought and modified.

Procedural Legal Personality of the Subject of a Crime

2019 ◽  
pp. 41-48
Author(s):  
Yurii Kozubenko
Keyword(s):  
Criminal Law ◽  
Criminal Procedure ◽  
Criminal Proceedings ◽  
Cutting Mechanism ◽  
Psychiatric Examination ◽  
Legal Personality ◽  
The Subject ◽  
Forensic Psychiatric ◽  
Procedural Rights ◽  
Court Hearing

The article examines the conformity and interaction of the actual and procedural statuses of criminal procedure participants within the framework of the cross-cutting mechanism of criminal law regulation. The author concludes that standing arises at the time of the actual emergence of the ability to exercise procedural rights and bear the relevant duties, since the procedural status of a person is established on the basis of its actual position and is only drawn up by a procedural decision, but is not formed by it. The specifics of the person’s sanity at various stages of criminal procedure directly affects his procedural capacity. If a person has committed an act prohibited by criminal law in a state of insanity or he has a mental disorder after committing a crime, making it impossible to impose a sentence or execute it, then such a participant in criminal proceedings may be declared procedurally incompetent if his mental state does not allow him to exercise procedural rights, under Articles 46 and 47 of the Code of Criminal Procedure (part 1 of Article 437 of the Code of Criminal Procedure), or participate in a court hearing (part 1 of Article 441 of the Code of Criminal Procedure). In this case, the law enforcer every time when addressing this issue should resort to the help of experts involved in forensic psychiatric examination, and, if necessary, request a medical conclusion of a psychiatric hospital. Therefore, it would be wrong to assume that this participant in criminal proceedings is always procedurally incapable, since the criminal law aspect of a person’s irresponsibility is not always of legal importance in determining procedural capacity.

scholarly journals On the improvement of work management in authorities of the prosecutor's office on consideration of complaints of the parties to criminal proceedings against actions (or inaction) and decisions of the investigator and the prosecutor

2020 ◽  
pp. 1-9
Author(s):  
Aleksandr Aleksandrovich Popov
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Procedure ◽  
Criminal Proceedings ◽  
Procedure Code ◽  
Single Instance ◽  
Legitimate Interests ◽  
The Subject ◽  
The Russian Federation ◽  
Work Management

This article raises the questions on the improvement of work management in the prosecutorial branches on consideration of complaints of the parties to criminal proceedings against actions (or inaction) and decisions of the investigator and the prosecutor. Analysis is conducted on the existing in the prosecutor’s office procedure of pretrial dispute, which legislative consolidation is associated with usage of the term “superior prosecutor”. The subject of this research is the norms of the Criminal Procedure Code of the Russian Federation, executive documents of the Prosecutor General's Office of the Russian Federation and prosecutor's offices of the constituent entities of the Russian Federation, as well as scientific literature on the topic at hand. The conclusion is made that the current legislation and the established law enforcement practice assume on the recurrent appeal on the same instance of violation of law within a single prosecutorial branch, and thus do not effectively protect the rights and legitimate interests of the parties involved in the criminal procedure sphere. For this reason, the author makes recommendations on the amendments to the Criminal Procedure Code of the Russian Federation aimed at adjustment of the procedure of consideration of complaints of the parties to criminal proceedings, which would ensure their resolution within the framework of a single prosecutorial branch in a single instance.

scholarly journals TRANSFORMATION OF SCIENTIFIC IDEAS ABOUT THE SUBJECT OF EVIDENCE IN RUSSIAN CRIMINAL PROCEEDINGS

2020 ◽  
Vol 30 (6) ◽  
pp. 881-885
Author(s):  
V.A. Sementsov ◽  
V.A. Tsatsuro
Keyword(s):  
Modern Science ◽  
Criminal Procedure ◽  
Constitutional Rights ◽  
Criminal Proceedings ◽  
Criminal Procedure Law ◽  
Legitimate Interests ◽  
The Subject ◽  
New Perspective ◽  
The Impact ◽  
Scientific Ideas

The subject of proof is a scientific category that has historically been represented. Modern science of criminal procedure, accumulated knowledge about the sphere of evidence, including its subject, and the ongoing modernization of criminal procedure law allow us to look at the subject of evidence from a new perspective when assessing its content and main features. According to the authors, the subject of proof, taking into account the purpose of criminal proceedings, stipulated in art. 6 code of criminal procedure, allows to significantly adjust its definition, pointing out the components of his circumstances, as the impact on constitutional rights, freedoms and legitimate interests of participants of criminal proceedings and other involved in the field of entities.

CONCEPT AND CONTENT OF A RECONCILIATION AGREEMENT IN THE CRIMINAL PROCEEDINGS OF UKRAINE

2017 ◽  
Author(s):  
Mariia Sirotkina ◽  
Keyword(s):  
Criminal Procedure ◽  
Criminal Proceedings ◽  
Main Attention ◽  
Criminal Offense ◽  
Procedural Law ◽  
Legal Nature ◽  
Criminal Procedure Law ◽  
The Subject ◽  
Definition Of

The article is turned out to a scientific search for the concept of "a reconciliation agreement between the victim and the suspect or accused" through the study of the essence of reconciliation and role in criminal proceedings thereof. The author notes that criminal procedural law (until 2012) had been proclaimed another approach to reconciliation between victim and suspect, not involved a dispute procedure as a conflict, the result of which can be reached by compromise and understanding through reconciliation. It is stated that one of the ways to resolve the legal conflict in committing a criminal offense was the opportunity to reach a compromise between the victim and the suspect (the accused) by concluding a reconciliation agreement between them, provided by the Code of Сriminal Procedure of Ukraine (2012). The main attention is placed on the shortcoming of the domestic criminal procedure law which is the lack of the concept of "a reconciliation agreement between the victim and the suspect or the accused", which can be eliminated only through examining the essence or legal nature of reconciliation in criminal proceedings. Taking into consideration the current legislation and modern views on the institution of reconciliation in criminal proceedings, the author's definition of the concept of "a reconciliation agreement" is proposed. Thus, “The conciliation agreement is an agreement in criminal proceedings concluded between the victim and the suspect or the accused person on their own initiative in relation to crimes of minor or medium gravity and in criminal proceedings in the form of private prosecution, the subject of which is the compensation of harm caused by wrongdoing or committing other actions not related to compensation for the damage that the suspect or the accused is obliged to commit in favor of the victim, in exchange for an agreed punishment and sentencing thereof or sentencing thereof and relief from serving a sentence with probation, as well as the statutory consequences of conclusion and approval of the agreement".

scholarly journals Prohibition of interrogation of notaries as witnesses in criminal proceedings

1970 ◽  
pp. 345-349
Author(s):  
Ulyana Polyak
Keyword(s):  
Criminal Procedure ◽  
Criminal Proceedings ◽  
Legal Literature ◽  
Criminal Procedure Law ◽  
The Subject ◽  
The Law ◽  
Notary Public ◽  
Made In

The current criminal procedure law of Ukraine stipulates that a witness is obliged to give a true testimony during pre-trial investigation and trial, however, the legislator made an exception for this by specifying the categories of persons who have been granted immunity from immunity, ie they are released by law. testify. The article deals with the problems of law and practice regarding the prohibition of the interrogation of a notary as a witness in criminal proceedings and the release of him from the obligation to keep the notarial secret by the person who entrusted him with the information which is the subject of this secret. The notion of notarial secrecy is proposed to be changed, since the subject of this secrecy is not only information that became known to the notary public from the interested person, but also those information that the notary received from other sources in the performance of their professional duties, as well as the procedural activity of the notary himself, is aimed at achieving a certain legal result. The proposal made in the legal literature to supplement the CPC of Ukraine with the provisions that a notary is subject to interrogation as a witness on information that constitutes a notarial secret, if the notarial acts were declared illegal in accordance with the procedure established by law The proposal to increase the list of persons who are not subject to interrogation as witnesses about the information constituting a notarial secret is substantiated, this clause is proposed to be supplemented by provisions that, apart from the notary, are not notarized, other notarials, notaries as well as the persons mentioned in Part 3 of Art. 8 of the Law of Ukraine "On Notary". Amendments to the current CPC of Ukraine by the amendments proposed in this publication will significantly improve the law prohibiting the interrogation of a notary as a witness in criminal proceedings, as well as improve certain theoretical provisions of the institute of witness immunity in criminal proceedings.

scholarly journals FEATURES OF THE IMPLEMENTATION OF THE PRINCIPLE OF PRESUMPTION OF INNOCENCE IN CRIMINAL PROCEEDINGS OF PRIVATE PROSECUTION

2020 ◽  
Vol 30 (6) ◽  
pp. 875-880
Author(s):  
E.F. Tensina
Keyword(s):  
Russian Federation ◽  
Criminal Procedure ◽  
Criminal Case ◽  
Presumption Of Innocence ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Procedure Code ◽  
Special Procedure ◽  
The Russian Federation ◽  
Procedural Rights

The article reveals the nature of the claim of a private prosecution, which establishes the freedom to dispose of material and procedural rights. The forms of manifestation of dispositive principles in the material and procedural aspects in the course of criminal proceedings are determined. Taking into account the nature of the claim of a private prosecution, various models of proceedings in criminal cases of a private prosecution and the peculiarities of the implementation of the provisions of the criminal procedure principle of the presumption of innocence are considered. The author critically assesses the legal constructions that allow the application of a special procedure for making a court decision in criminal proceedings of a private prosecution if the accused agrees with the charge brought. In particular, taking into account the provisions of the principle of the presumption of innocence, it is concluded that it is inadmissible to apply Chapter 40 of the Criminal Procedure Code of the Russian Federation when considering a criminal case of a private prosecution if it is initiated by filing an application directly with a magistrate in the manner prescribed by Art. 318 of the Code of Criminal Procedure of the Russian Federation or when investigating a criminal case of this category in the form of an abbreviated inquiry, regulated by Ch. 32.1 of the Criminal Procedure Code of the Russian Federation.

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