scholarly journals Inconsistencies in legal regulation defendant’s participation in criminal proceedings

Legal Novels ◽  
2021 ◽  
pp. 118-124
Author(s):  
М.D. Denysovskyі ◽  
І.О. Tomchuk ◽  
L.V. Petrunyk
Keyword(s):  
Legal Regulation ◽  
Criminal Proceedings

IMPLEMENTATION OF ELECTRONIC MONITORING OF SENTENCED PERSONS IN THE SLOVAK REPUBLIC

2020 ◽  
Vol 10 (5) ◽  
pp. 59-75
Author(s):  
JAROSLAV KLÁTIK ◽  
◽  
LIBOR KLIMEK
Keyword(s):  
Restorative Justice ◽  
Electronic Monitoring ◽  
Slovak Republic ◽  
Pilot Project ◽  
Legal Regulation ◽  
European Level ◽  
Criminal Proceedings ◽  
Council Of Europe ◽  
Fourth Section ◽  
The Third

The work deals with implementation of electronic monitoring of sentenced persons in the Slovak Republic. It is divided into eight sections. The first section introduces restorative justice as a prerequisite of electronic monitoring in criminal proceedings. While the second section points out at the absence of legal regulation of electronic monitoring of sentenced persons at European level, the third section points out at recommendations of the Council of Europe addressed to European States. The fourth section analyses relevant alternative punishments in Slovak criminal justice. The fifth section introduces early beginnings of implementation of concerned system - the pilot project “Electronic Personnel Monitoring System” of the Ministry of Justice of the Slovak Republic. While the sixth section is focused on Slovak national law regulating electronic monitoring of sentenced persons - the Act No. 78/2015 Coll. on Control of the Enforcement of Certain Decisions by Technical Instruments, the seventh section is focused on further amendments of Slovak national law - namely the Act No. 321/2018 Coll. and the Act No. 214/2019 Coll. The last eight section introduces costs of system implementation and its operation.

International legal immunities and privileges of the Рrosecutor amicus curiae

2020 ◽  
Vol 22 (3) ◽  
pp. 55-63
Author(s):  
EKATERINA A. KOPYLOVA ◽  
Keyword(s):  
Ad Hoc ◽  
International Criminal ◽  
Legal Regulation ◽  
Criminal Court ◽  
International Treaties ◽  
Amicus Curiae ◽  
Criminal Courts ◽  
Criminal Proceedings ◽  
International Criminal Tribunals ◽  
Foreign Science

The article considers the international legal regime of immunities and privileges of amicus curiae prosecutors of international criminal courts which are intended to ensure independent and unhindered performance of their functions in prosecuting crimes against the administration of justice. Due to the lack of doctrinal research in this field, whether in the domestic or foreign science of international law, the study is characterized by scientific novelty. Its empirical basis is constituted of the provisions of international treaties governing the immunities and privileges of staff of the ad hoc international criminal tribunals and the International Criminal Court. It is noted that today the state of international legal regulation of immunities and privileges of amicus curiae prosecutors is not quite satisfactory as it contains significant gaps. Two possible approaches to determining the scope of the immunities and privileges of amicus curiae prosecutors are identified: the first based on their status and the second – on the functions they perform. Their critical analysis leads to the conclusion that the functional approach is more in line with the principle of equality of arms in international criminal proceedings. As a result of its application, the scope of the immunities and privileges of amicus curiae prosecutors coincides with the scope of the immunities and privileges granted to staff of the Offices of Prosecutors at the international criminal tribunals.

scholarly journals THE PRINCIPLE OF PROTECTION OF HUMAN AND CIVIL RIGHTS AND FREEDOMS IN CRIMINAL PROCEEDINGS

2021 ◽  
Vol 31 (5) ◽  
pp. 917-923
Author(s):  
E.F. Tensina
Keyword(s):  
Civil Rights ◽  
Legal Regulation ◽  
Information Component ◽  
Criminal Proceedings ◽  
The Relationship ◽  
Current Mechanism

The article analyzes the reasons for the introduction of the principle of protection of human and civil rights and freedoms in the criminal procedural system of principles, including taking into account international legislation. The relationship between the concepts of "protection" and "protection" is revealed. The characteristic of its content is given with the allocation of elements. The content of the information component in the activities of officials carrying out criminal proceedings is analyzed. The concepts of witness immunity and witness privilege are defined, their significance for the content of the principle of protection of human and civil rights and freedoms. Particular attention is paid to the issues of legal regulation of the security program for participants in criminal procedural relations and the current mechanism of compensation for harm caused to the victim of a crime. Taking into account the analysis, the problems of legal regulation were identified and proposals were made to eliminate them. The importance of a serious and thoughtful attitude of officials carrying out criminal proceedings to ensuring human and civil rights and freedoms in criminal proceedings is emphasized.

scholarly journals Transport telecommunication networks as an information medium for obtaining information relevant to criminal proceedings: problematic issues of legal regulation

2019 ◽  
pp. 161-173
Author(s):  
O. Metelev
Keyword(s):  
Human Rights ◽  
Rapid Development ◽  
Crime Scene ◽  
Legal Regulation ◽  
Information Environment ◽  
Telecommunication Networks ◽  
Digital Evidence ◽  
Criminal Proceedings ◽  
Telecommunications Networks ◽  
National Legislation

Scientific and technological progress, as well as the rapid development of information technologies, the formation of the information society, the introduction of telecommunications systems and networks into all vital processes, the availability of digital communications and information transmission have necessitated the use of new methods of combating crime in the new information (cybernetic) space, this artificially created environment, which is an integral part of transport telecommunications networks (TTN). The extraterritorial nature of transport telecommunication networks and systems, together with the global Internet, greatly complicates their legal regulation, as it is sometimes quite difficult to determine the jurisdiction of which state relates a criminal offense. Thus, when conducting silent investigative actions, a legitimate question arises as to the lawfulness of work in the information environment of the transport telecommunication network for obtaining digital evidence in the interests of criminal proceedings. Purpose of the article: to investigate the problematic issues of legal regulation when working in transport telecommunication networks in order to obtain information relevant to criminal proceedings during the conduct of silent investigative actions. The paper draws attention to the insufficient level of scientific research to cover the problematic issues of studying transport telecommunications networks as an information medium for legal obtaining digital evidence in the interests of criminal justice. The national legislation regulating public relations in this field is analyzed, as well as the case law of the European Court of Human Rights, which reveals some «white spots» in national legislation on ensuring the legitimacy and protection of human rights in the conduct of vague private communication interventions in the information environment of transport telecommunication networks. Taking into account the extraterritorial nature of the information (cyber) space, it is concluded that there is a need for clear legislative regulation of procedural activity in the transport telecommunication networks in order to ensure the security of the individual, society and the state as a whole in this sphere. The article also discusses different approaches to legal disparities in cyber crime investigations. The question of determining the crime scene in the information (cybernetic) space is raised, an attempt is made to define the "crime scene" and provides suggestions for improving legislation.

scholarly journals ADMINISTRATIVE AND LEGAL REGULATION OF THE FUNCTIONING OF JUVENILE JUSTICE IN THE ENSURING OF CHILD RIGHTS

2020 ◽  
Vol 33 (20) ◽  
pp. 77-81
Author(s):  
N. Yu. Veselov
Keyword(s):  
Juvenile Justice ◽  
Social Relations ◽  
Legal Protection ◽  
Legal Regulation ◽  
Main Body ◽  
Criminal Proceedings ◽  
Rights Of The Child ◽  
The Law ◽  
Keywords Child ◽  
Legal Mechanism

Problem setting. Legal regulation is an integral component of the administrative and legal mechanism for ensuring the functioning of juvenile justice, through which the state regulates relevant social relations through law and the totality of legal means. Recent research and publications analysis. The following Ukrainian scientists tried to conceptually solve these issues: Ya. Kvitka, V. Levchenko, O. Maksimenko, N. Lesko, I. Ishchenko, O. Navrotsky. Paper objective. The purpose of the study is to obtain scientific and applied results on the presentation of options for legislative support of juvenile justice in other countries and to formulate proposals for improving the administrative and legal regulation of juvenile justice in Ukraine. Paper main body. The analysis of the legislation of other countries indicates that there are several conditional models of legal regulation of the peculiarities of ensuring the rights of the child in the exercise of juvenile justice. This division is based on the following criteria, such as the existence of a law in the country that establishes the general principles of the judicial and extrajudicial, administrative and legal protection of children’s rights; the existence of a separate law on juvenile justice, which codifies all the rules of law that determine the peculiarities of criminal proceedings against children; the existence of a separate law on juvenile justice, but which establishes the general principles of the operation of juvenile justice, public administration in this area, prevention of offenses, etc. Conclusions of the research. The expediency of adopting the Law on Juvenile Justice in Ukraine, which, in its content, will mainly be an act of administrative and legal nature, the Law «On Ensuring the Rights of the Child in Ukraine», the Law «On the Ombudsman of Ukraine» is substantiated. Keywords: child, minor, legal regulation, administrative law, juvenile justice, justice.

scholarly journals CRIMINAL PROCESS IN A PANDEMIC AND THEN

2020 ◽  
Vol 6 (3) ◽  
pp. 84-90
Author(s):  
V. A. Lazareva
Keyword(s):  
Russian Federation ◽  
New Technologies ◽  
Legal Regulation ◽  
Document Management ◽  
Electronic Document ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
The Russian Federation ◽  
The Government ◽  
Democratic Principles

Due to the emergence of a new coronavirus infection (COVID-19), measures aimed at limiting its spread have made it impossible to administer justice in compliance with its democratic principles, implying the possibility of personal participation of all interested parties in court procedures to effectively defend their interests. In this regard, on April 8, 2020, the Presidium of the Supreme Court of the Russian Federation adopted a decree recommending that the courts, among other measures, intensify the work of Internet receptions, ensure the reception, processing and registration of documents submitted to the courts in electronic form, including in the form of an electronic document, consider cases and materials of urgent nature in court hearings using the video-conferencing system and (or) the web-conference system. Despite the fact that in accordance with the program for the development of the Russian judicial system, approved by Decree of the Government of the Russian Federation dated December 27, 2012 № 1406, the modernization of the work of courts based on digital technologies has already begun in the country, their development in criminal proceedings lags behind other methods of administering justice. Given this circumstance, as well as the actual absence in the criminal process of electronic document management and legal regulation of the grounds and procedure for conducting a trial in the mode of a web conference, the article attempts to determine the limits of the possibilities of using new technologies in criminal proceedings, to substantiate the conclusion that that the use of digital technology in criminal proceedings is not only possible, but necessary, as well as to determine the direction of development of criminal proceedings in this direction.

scholarly journals Rola Inspekcji Ochrony Środowiska w zakresie ścigania karnego

2019 ◽  
pp. 119-135
Author(s):  
Marta Jasińska
Keyword(s):  
Environmental Protection ◽  
Legal Regulation ◽  
Criminal Code ◽  
Main Body ◽  
Criminal Proceedings

According to legal regulation of the criminal proceedings code, non-judicial bodies bear responsibility for conducting preparatory proceedings. Prosecutor as the main body conducts or supervises proceedings. In regard to scope of the regulation, proceedings are conducted by Police or a body with the same eligibility as Police. Aforementioned powers result directly from the criminal code, and also from the Minister for Justice’s ordinance of September 22nd, 2015 regarding bodies that are, along with Police, approved to conduct proceedings. The regulation also regards bodies approved to bring and support accusation to trial in frst instance courts in cases which the proceedings were conducted in, as well as the scope of cases delegable to this bodies. Aforementioned powers result also from special statutes. This deliberation is based on revised statute of Inspection of Environmental Protection which expanses the range of bodies entitled to conduct preparatory proceedings in cases directly determined in the criminal code against environment.

scholarly journals The questions of territorial jurisdiction of advocating for the election or extension of pre-trial detention

2020 ◽  
pp. 10-20
Author(s):  
Oleg Aleksandrovich Kravchenko ◽  
Roman Valer'evich Fedorov
Keyword(s):  
Preliminary Investigation ◽  
Accurate Determination ◽  
Case Law ◽  
Legal Regulation ◽  
Criminal Proceedings ◽  
Territorial Jurisdiction ◽  
Legal Situation ◽  
Administrative Proceedings ◽  
Principle Of Legality

Accurate determination of the place of preliminary investigation indicates adherence to the principle of legality in criminal proceedings and the achievement of goals on the protection of rights and lawful interests of the affected parties, as well as on protection of individual from wrongful and unfounded accusations and restrictions of their rights and freedoms. Science addresses the general questions pertaining to determination of the place of preliminary investigation, but does not give due attention to realization of discretionary powers of the higher investigating authority to determination of the place of preliminary investigation. The article reveals the essential conditions for application of such power by the investigating authority, and analyzes case law for compliance with these conditions. The conclusion is made that legislation does not contain clear and specific rules for determination of the place of preliminary investigation, including the territorial jurisdiction of advocating for the election or extension of pre-trial detention. The author describes the flaws in legal regulation associated with the possibility of determination of jurisdiction of a case in administrative proceedings, by means of law enforcement decision prior to the emergence of legal situation (for example, before  submission of a request for the election or extension of pre-trial detention) by lowering the rank of investigating authority, for example to district level. From the practical perspective, elimination of such flaws should facilitate the proper application of the corresponding legal norm, as well as accurate determination of the place of preliminary investigation.

scholarly journals ENSURING COMPENSATION FOR DAMAGE CAUSED BY CRIMINAL OFFENSES AS A RESULT OF SCAMMING ACTIVITIES IN THE FIELD OF TOURISM

2020 ◽  
pp. 369-376
Author(s):  
Г. В. Захарова
Keyword(s):  
Relevant Information ◽  
Legal Regulation ◽  
The State ◽  
Criminal Proceedings ◽  
Legal Provisions ◽  
Criminal Offenses ◽  
Domestic Legislation ◽  
Legislative Proposals ◽  
Compensation For Damage ◽  
Legal Compensation

The purpose of the article is to study the legal regulation and law enforcement practices on compensation for victims of criminal proceedings due to fraud in the field of tourism, identify problematic aspects in this direction, and make regulatory legislative proposals to improve legal compensation for victims of criminal proceedings. The article considers some issues related to compensation for damage caused by a criminal offense as a result of fraudulent acts in the field of tourism. The issues of legal regulation under domestic legislation and the legislation of individual European countries on compensation by the state for damage caused to victims are analyzed. It is emphasized that the priority for victims of fraudulent criminal acts is the requirement of compensation for damage, as well as the issue of compensation, compensation for such damage. It turns out that the voluntary compensation of victims by criminals directly depends on the quality and totality of the indictments collected against them, which fully expose their criminal activities. Meanwhile, the legislator did not pay enough attention to the possibility of voluntary compensation for damage to the person who caused it, as well as the benefits of voluntary compensation for damage. The legal provisions to be settled on this issue are indicated. Emphasis is placed on the need for timely pre-trial investigation of relevant traditional measures aimed at finding and locating, staying, both movable and immovable property, securities, jewelry, etc., which may be seized, in order to ensure compensation to the victim. damage. Emphasis is placed on the effectiveness and expediency of using the capabilities of IT technologies of relevant information resources, Internet services, and monitoring of websites that contain information that can help find as soon as possible the property of criminals who can be seized. At the same time, it is noted that the creation and proper functioning of the state fund for compensation to victims of crimes will be an additional constitutional guarantee that will only strengthen human security and increase the overall authority of the state.

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