scholarly journals Certain problems in understanding, investigating and litigation of criminal proceedings on separatism and terrorism

2020 ◽  
pp. 86-95
Author(s):  
Iryna Basysta
Keyword(s):  
Military Personnel ◽  
Practical Importance ◽  
Criminal Procedure ◽  
Criminal Proceedings ◽  
European Court ◽  
General Rules ◽  
Study Results ◽  
Analysis And Synthesis ◽  
Appeal Courts ◽  
The Military

Objective. The publication is the author's attempt to present to the scholarly community the objective problems of the researchers’ and legal practitioners’ understanding of such closely related phenomena as separatism and terrorism, to cover some particular problems of pre-trial investigation (which emerge due to impossibility of conducting urgent investigative actions right on the crime site, to interrogate the military personnel witnesses according to the general rules, to conduct covert investigation procedures in compliance with the current requirements, to commission and conduct the necessary expert investigations or to officially add the evidentiary items to the case, etc.) and of litigation (being caused by absence of proper regulatory mechanism for recovering the lost materials) for the criminal proceedings of the category mentioned above. It also strives to develop proposals to help reduce the number and urgency of the outlined problems. Methodology. Analysis and synthesis of the scholarly work of several researchers, study of the state of the regulatory support, outlining the author’s own conclusions. The structural and systemic methods, analysis and synthesis, functional and other methods were used in the course of this study. Results. This article introduces arguments that provide grounds for the following conclusions: - the Code of Criminal Procedure of Ukraine needs to be amended with a separate procedure for taking the procedural actions (as it is often impossible to conduct urgent investigative actions right on the crime site, to interrogate the military personnel witnesses according to the general rules, to conduct covert investigation procedures in compliance with the current requirements, to commission and conduct the necessary expert investigations or to officially add the evidentiary items to the case, etc.), not just stipulating obtaining consent for conducting them, as it is now set out in Article 615 of the Code of Criminal Procedure of Ukraine; - the procedure for restoring the lost materials of criminal proceedings of the specified category should differ from the current general one, currently regulated in the Code of Criminal Procedure of Ukraine (this includes both criminal proceedings that are still at the stage of the pretrial investigation with no procedural judgment yet and that have already received the judgment of the courts of the first instance, courts of appeal, courts of cassation, or the European Court of Human Rights); - the guidelines should be developed to help mitigate and alleviate the psychological component when evaluating evidence in the criminal proceedings of the specified category; - another urgent issue is resolving the problem of investigative units being overloaded. Academic novelty. Terrorism and separatism are now manifesting in many countries, and, unfortunately, Ukraine is one of them. Based on the available scholarly opinions, practice, and on my expertise, I attempt to outline the urgent issues and to articulate recommendation that can be useful in the regulatory and practical activities on investigation and litigation of this category of criminal proceedings. Practical importance. The study results can be used in the regulatory and law-enforcement activity in the course of investigation of criminal offences connected to separatism and terrorism.

scholarly journals WITNESS IMMUNITY IN CRIMINAL PROCEEDINGS AS AN INDICATOR OF THE MATURITY OF THE LEGAL SYSTEM

2021 ◽  
Vol 17 (2(64)) ◽  
pp. 123-132
Author(s):  
Александр Алексеевич ТАРАСОВ
Keyword(s):  
Legal System ◽  
System Analysis ◽  
Criminal Procedure ◽  
Political Life ◽  
International Exchange ◽  
Criminal Proceedings ◽  
General Rules ◽  
Analysis And Synthesis ◽  
Criminal Procedure Law ◽  
The Right

Witness immunity, that is, the right of persons expressly referred to in the criminal procedure law to refuse to testify about circumstances, is considered in the special literature as one of the criminal procedure institutions, relating to the procedural status of the witness or the rules for his or her interrogation. Purpose: to demonstrate that the list of persons having witness immunity and the legal characteristics of the circumstances to which they are entitled not to testify, and the general rules for interrogating such persons, and exceptions to these general rules are indicators of the level of development of the national criminal procedure and legal system of a particular State. Methods: the author uses the methods of structural-system analysis and synthesis, comparative jurisprudence. The author's comparative analysis of Russian and German criminal procedure law clearly demonstrates the social and economic conditionality of the methods of securing witness immunity and the possibility of international exchange of law enforcement experience. The main conclusion from the study is the following: the legal significance of the criminal procedural institution of witness immunity goes far beyond the actual criminal procedure, and this institution has significant dynamics, reflecting changes in the socio-economic and political life of society.

scholarly journals IS THE INSTITUTE OF JUDICIAL REVIEW OF DECISIONS TAKEN UNDER APPOINTMENT OF THE COURT SESSION IN NEED OF FURTHER CHANGES?

2017 ◽  
Vol 21 (2) ◽  
pp. 169-175
Author(s):  
T. K. Ryabinina
Keyword(s):  
Practical Importance ◽  
Criminal Procedure ◽  
Legal Regulation ◽  
Judicial Decision ◽  
Criminal Proceedings ◽  
Analysis And Synthesis ◽  
Red Tape ◽  
General Order ◽  
General Scientific ◽  
The Right

The article discusses issues concerning the legal regulation of the procedure for appealing against judicial decisions taken by the court under appointment of the court session. The author raises the problem of the necessity and appropriateness of any decision appeal taken in this stage of the process. Iit is proved that since any judicial decision determining the further movement received from the Prosecutor of the criminal case affects the interests of the participants in the proceedings. So the participants should be given the right of appeal to the General order, that is, in accordance with chapters 45.1 and 47.1 of the code of criminal procedure. In the paper general scientific and special legal methods of studies are used: analysis and synthesis, legal modeling, formally-legal. The scientific novelty of the research lies in the author's approach to the study of the problem which has not only theoretical but also practical importance, namely, to rethink the essence of the appeal against the intermediate court decisions. The author challenges the position of many scientists that the appeal of any and all decisions made under appointment of the court session, having primarily organizational and security nature, creates judicial red tape and delays the timing of the proceedings and therefore the criminal trial on the merits, basing his opinion that sometimes the execution of certain judgments of the court leads to much more temporal, organizational, and material costs than their verification by the higher court. In addition the right to appeal procedural actions and decisions, as a principle of criminal proceedings, along with other principles is designed to protect the legitimate rights and interests of any participant in the process. In modern Russian criminal proceedings that is a priority. Therefore, the author proposes to exclude the provision on prohibition to appeal an individual judge's decision rendered under appointment of the court session from the code of criminal procedure and to leavу only the ban to appeal the decision on the venue, date and time of the hearing.

Orgány vyšetřování protistátní trestné činnosti vojenských osob po roce 1948

2021 ◽  
Author(s):  
Stanislav Polnar
Keyword(s):  
World War Ii ◽  
Military Personnel ◽  
Legal Status ◽  
Legal Regulation ◽  
The Political ◽  
National Defense ◽  
World War ◽  
Criminal Proceedings ◽  
The Military ◽  
Military Units

Since the end of World War II, the investigation of anti-state delinquency of military personnel was realised by the military intelligence. It originated with Czechoslovak military units in the USSR and were influenced by Soviet security authorities. After 1945 and 1948 these bodies remained in the structure of the Ministry of National Defense, but from the beginning of the 1951 they moved to the structure of the Ministry of the Interior following the Soviet model. The legal status of these bodies was always unclear and did not correspond to the legal regulation. Another important article in the investigation of the political delinquency of soldiers was the military prosecutor’s office as part of the socialist-type prosecutor’s office, which was subjected to general trends in the regulation of criminal proceedings.

scholarly journals Topical Issues of Interpretation of the Criminal Procedure Norms on the Basis of Judicial Practice Taking into Account the International and Russian Components

2020 ◽  
Vol 9 (3) ◽  
pp. 46
Author(s):  
Tatyana Gennad’evna Borodinova ◽  
Anna Alexandrovna Petrikina ◽  
Vladimir Vladimirovich Borodinov ◽  
Irina Vladimirovna Gubko
Keyword(s):  
Law Enforcement ◽  
Practical Importance ◽  
Criminal Procedure ◽  
Information Support ◽  
Digital Information ◽  
Criminal Proceedings ◽  
Systematic Analysis ◽  
Judicial Practice ◽  
Criminal Procedure Law ◽  
First Time

The research reveals the peculiarities of interpretation of the criminal procedure norms emphasizing the practical importance. Its purpose is to identify and solve problems of law enforcement in criminal proceedings. The nature and types of interpretation of the criminal procedure norms were subjected to a detailed analysis based on the judicial and investigative practice. Difficulties with interpretation of the criminal procedure norms in connection with the legislative gaps, difficulties in the process of interpreting the cross-industry terms lack of digital information support of the newly published acts interpreting the norms of law and establishment of specific terms for its implementation, were singled out as separate problems. The use of a set of methods of scientific cognition was promotive of the achievement of the result. The conclusions show that the competent interpretation and application of the criminal procedure law by the courts, taking into account the specifics of this branch of law, can increase the efficiency of justice. The scientific novelty of this research is that for the first time, in an integrated manner and on the basis of a systematic analysis of the practice of interpretation and application of the norms of criminal law. It is planned to formulate proposals and recommendations to improve the work of the courts, law enforcement bodies and the advocacy suggesting specific measures to optimize the said direction.

scholarly journals ПЕРСПЕКТИВИ ФІНАНСОВОГО ЗАБЕЗПЕЧЕННЯ ВІЙСЬКОВОСЛУЖБОВЦІВ ЗБРОЙНИХ СИЛ УКРАЇНИ

2019 ◽  
pp. 23-27
Author(s):  
Сизов Алім Іванович ◽  
Цюкало Людмила Вікторівна
Keyword(s):  
Comparative Analysis ◽  
Military Personnel ◽  
Financial Planning ◽  
Financial Support ◽  
Armed Forces ◽  
The State ◽  
State Budget ◽  
Scientific Methods ◽  
Analysis And Synthesis ◽  
The Military

The efficiency of meeting the needs of the military personnel of the Armed Forces of Ukraine directly depends on financial planning, which includes: correct identifying of the needs and ensuring timely and efficient use of the funds specified by law. It is determined that the level of financing of the Ukrainian Armed Forces is insufficient and adversely affects the fulfillment of the tasks assigned to them.The article defines the dynamics of defense expenditures from the State Budget of Ukraine, as well as their share of the volume of domestic gross product. A comparative analysis of the structure of budget expenditures of the Ministry of Defense of Ukraine and NATO countries is carried out. It was proved that the current structure of the state budget expenditures does not allow to satisfy fully the needs of the Ministry of Defense of Ukraine and provide military servicemen with their social guarantees.The forecast of financial support of the Armed Forces of Ukraine on general and special funds till 2023 is presented. In course of conducted research, the following scientific methods were used: modeling – to determine the projected financial support for the Armed Forces of Ukraine; economic and statistical – to assess the dynamics of defense expenditures; analysis and synthesis – to find out the reasons for the change in the structure of expenditures; tabular and graphical – to represent the results of the study; abstract-logical – in implementation of theoretical and methodological conclusions.

scholarly journals Dispositivity principle in the criminal procedure of Azerbaijan Republic: concept and application in individual rights

2021 ◽  
Vol 25 (2) ◽  
pp. 504-520
Author(s):  
Gahraman V. Jafarov
Keyword(s):  
Criminal Procedure ◽  
Presumption Of Innocence ◽  
Criminal Proceedings ◽  
Legal Concept ◽  
Criminal Process ◽  
Analysis And Synthesis ◽  
The Will ◽  
Main Determinants ◽  
Procedural Rights

Unlike other principles of criminal procedure (such as legality, presumption of innocence, etc.), the principle of dispositivity (the principle of autonomy of the will of a participant in the proceedings) does not have an independent legal formula, enshrined in a separate article in the current criminal procedure legislation of Azerbaijan. In this regard, questions about the existence, concept, content, individual elements, manifestations, and scope of the principle are becoming relevant and at the same time highly disputable. The author aims to determine the essence of dispositivity, to consider its individual manifestations, as well as to develop scientifically sound recommendations for optimizing the application in practice of the norms of the Code of Criminal Procedure in regulating issues related to the dispositive basis of the criminal process. The set goals predetermined solution for such basic issues as study of the philosophical and legal concept of dispositivity; determination of determinants-manifestations of dispositivity in criminal proceedings as a whole; recognition of dispositivity as one of the autonomous principles of the modern criminal process of Azerbaijan. The study was conducted by methods of dialectical cognition based on the principles of reflection, comprehensiveness, unity of induction and deduction, determinism, contradiction, and unity of analysis and synthesis. The author has studied and summarized a great deal of doctrinal material and jurisprudence, and some selected judicial acts have been used as real models for casuistry of the issues addressed in the article. As a result of the study, the author substantiates that, despite the absence of an independent article in the CPC on this principle, dispositivity is an autonomous principle of criminal procedure, not covered by other principles; on the contrary, it enters into various correlative relations with them. In other words, the Code of Criminal Procedure does not provide a binding feature of the principle of criminal procedure. As the main determinants of the principle under study, the author proposes to consider a system of procedural rights of non-governmental participants in the proceedings that have the effect of initiating some kind of proceedings, and the consent of a participant category, which is a mandatory condition in the procedural decision-making mechanism of entities with power.

The Oxford Handbook of Criminal Process

2019 ◽  
Keyword(s):  
Human Rights ◽  
Common Law ◽  
Civil Law ◽  
Criminal Procedure ◽  
Plea Bargaining ◽  
European Convention ◽  
Criminal Prosecution ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
European Court

This handbook examines various aspects of the criminal process, including the role of prosecutors in common law and civil law jurisdictions, the rights and duties of experts, victim rights in civil law jurisdictions, surveillance and investigation, criminal prosecution and its alternatives, evidence discovery and disclosure in common law systems, evidence law as forensic science, common law plea bargaining, appeals and post-conviction review, and procedure in international tribunals. The book is organized into eight parts covering topics ranging from criminal process in the dual penal state to interrogation law and practice in common law jurisdictions, empirical and comparative approaches to criminal procedure, prosecution-led investigations and measures of procedural coercion in the field of corruption, international corporate prosecutions, special procedures for white-collar and corporate wrongdoing in Europe, and trial procedure in response to terrorism. Also discussed are the roles of the European Convention on Human Rights and the European Court of Human Rights as guardians of fair criminal proceedings in Europe, double jeopardy or ne bis in idem in common law and civil law jurisdictions, plea bargaining vs. abbreviated trial procedures, restorative justice as an alternative to penal sanctions, and the pluralistic nature of international criminal procedure.

CRIMINAL PROCEDURAL PRINCIPLES IN ENSURING PERSONAL RIGHTS IN CRIMINAL PROCEEDINGS

2021 ◽  
Vol 6 (10) ◽  
pp. 92-98
Author(s):  
Dildora Bazarova ◽  
Keyword(s):  
Analytical Data ◽  
Criminal Procedure ◽  
Legal Basis ◽  
Criminal Proceedings ◽  
Personal Rights ◽  
General Rules ◽  
The Individual

The principles of criminal procedure embody the general rules that form the basis for their implementation in the field, and determine the main directions of the process, in particular, the main tasks of the parties to the relationship.In this regard, this article examinesthe theoretical and legal basis of criminal procedural principles in ensuring the rights of the individual in criminal proceedings on the basis of theoretical and practical analytical data. The article also analyzes the scientific views of scholars on thetheoretical aspects of criminal procedural principles in ensuring the rights of the individual in criminal proceedings

scholarly journals Civil Contract as an Evidence in Avestan Criminal Procedure

2018 ◽  
Vol 50 ◽  
pp. 01230
Author(s):  
Shukhrat Hamroyev ◽  
Aleksey Parfyonov
Keyword(s):  
Retrospective Analysis ◽  
Cultural Values ◽  
Historical Development ◽  
Criminal Procedure ◽  
Criminal Proceedings ◽  
Basic Principles ◽  
Study Results ◽  
History Of ◽  
Court Proceedings ◽  
Civil Contract

The paper considers the statutory concept of the civil contract as a form of evidence used by the ancient Tajiks in Avestan court proceedings, particularly with regard to findings, typology and responsibility for violation of the contract in part of Vendidad. The history of contracts as a form of evidence in Avestan court proceedings is the key component of political and legal institutes within the historical development of Tajikistan, which was characterized by worldview, political and cultural values of the society in a certain era of its development. Therefore, the study of this main institute of criminal proceedings always remains relevant. The study provides the retrospective analysis of the contract as a form of evidence in Avestan court proceedings during the period of the Zoroastrian civilization. The study results in basic principles and ways of implementing the contract as a form of evidence in Avestan court proceedings.

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