THE IMPROVEMENT OF THE JUDICIAL ACTIVITY IN THE SPHERE OF JUVENILE DELINQUENCY – A GUARANTEE OF FURTHER SAFEGUARDS FOR THE RIGHTS AND FREEDOMS OF CITIZENS

2018 ◽  
Vol 1 (1) ◽  
pp. 90-95
Author(s):  
Рашит Хисматуллин
Keyword(s):  
Juvenile Delinquency ◽  
Russian Federation ◽  
Criminal Procedure ◽  
The Russian Federation ◽  
The City

The article deals with the topical questions of the development of the judicial activity in the sphere of juvenile delinquency as a guarantee of further protection of the rights and freedoms of citizens. The author thinks it un- allowable to protect two minor defendants accused in a joint participation in a crime by only one lawyer, even if there is no contravention between the interests of both minors and finds that it is necessary to add this point to the Russian Federation Code of Criminal Procedure. The author recommends sending a written message to the City Bar (District Bar) with the proposal to appoint a lawyer specializing in cases of juvenile crimes.

The main problems of operational-search counteraction to bribery in Russia (based on the example of the practice materials in the Komi Republic)

2020 ◽  
Vol 2020 (1) ◽  
pp. 151-157
Author(s):  
Vladimir Danko
Keyword(s):  
Russian Federation ◽  
Preliminary Investigation ◽  
Criminal Procedure ◽  
Practical Experience ◽  
Criminal Code ◽  
Komi Republic ◽  
Legal Problems ◽  
Subject And Object ◽  
The Russian Federation ◽  
Object Of Crime

The work is carried out on the basis of special methods of knowledge, including historical-legal, logical, formal-legal. In the article, taking into account scientific sources and practical experience, the legal problems of operative-search counteraction to crimes provided for in Article 290-291.2 of the Criminal Code of the Russian Federation are considered. The analysis of bribery is realized jointly, because there are identical characteristics in all its corpus delicties – the same subject and object of crime. The existing norms of criminal and criminal procedure laws in relation to bribery are analyzed. Principal operative-search measures used in documentation of bribery are determined. They are surveillance and operational experiment. Their difference is justified and successful use examples are examined. An actual statistics of the Komi Republic for 2015-2018 is given. The lack of normative securing for interaction between operational subdivisions and preliminary investigation body is ascertained. Based on personal practical experience some measures to counteract bribery are proposed.

Features of the election of such preventive measure as house arrest in relation to minors

2020 ◽  
Vol 2020 (2) ◽  
pp. 153-157
Author(s):  
Ekaterina Manohina
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Preventive Measures ◽  
Preventive Measure ◽  
Criminal Procedure ◽  
House Arrest ◽  
The Supreme Court ◽  
The Russian Federation ◽  
A Minor

In the article, the author turns to the study of the peculiarities of choosing such a preventive measure as house arrest for minors. Due to the fact that the Code of Criminal Procedure of the Russian Federation does not precisely define cases when a court must elect a house arrest in relation to minors, in practice there are often difficulties in which cases to choose such a preventive measure as detention, and in which house arrest. In the work, the author attempts to determine the essence of such a preventive measure as house arrest and the peculiarities of his election in relation to minors, and also considers the prohibitions and (or) restrictions to which minors cannot be subjected. The positions contained in the resolution of the Plenum of the Supreme Court “On the practice of the application by the courts of legislation on preventive measures in the form of detention, house arrest and bail” are analyzed. The author expresses the opinion that it is inadvisable to choose such a preventive measure as house arrest for minors. Based on the study, the author makes recommendations on the possibility, at the discretion of the court, to make adjustments to the prohibitions and (or) restrictions to which a minor suspect or accused will be subjected to whom such a preventive measure as house arrest is chosen.

Ensuring the Rights and Legal Interests of the Victim when Checking the Crime Report: A Comparative Legal Analysis of the Criminal Procedure Codes of the Russian Federation and the People’s Republic of China

2021 ◽  
pp. 128-133
Author(s):  
Irina G. Smirnova ◽  
◽  
Ekaterina V. Alekseeva ◽  
◽  
Keyword(s):  
Russian Federation ◽  
Criminal Procedure ◽  
Legal Regulation ◽  
People’S Republic Of China ◽  
Legal Analysis ◽  
People's Republic Of China ◽  
Republic Of China ◽  
Procedure Code ◽  
The Russian Federation ◽  
Procedure Codes

The article presents a comparative legal analysis of the norms of the Criminal Procedure Code of the Russian Federation and the Criminal Procedure Code of the People’s Republic of China, which regulate the rights and powers of the victim within the framework of the stage of initiating a criminal case. The authors highlight several significant differences in the legal regulation of this issue. The differences are: the obligation to comply with the rules of jurisdiction in China at the stage of filing a statement of a crime, which is not required under the Code of Criminal Procedure of the Russian Federation; compulsory fingerprinting of a person when filing a crime report with a public security agency implemented in China; the existence of several types of preliminary checks (the list of activities carried out as part of these checks in China is open); intensive development of IT technologies and their introduction into the life of society, including for the fight against crime and ensuring law and order in society, in China.

To the Matter of Procedural and Legal Problems of Detaining a Person on Suspicion of Committing a Crime

2021 ◽  
Author(s):  
E.V. Bolshakov ◽  
◽  
I.D. Nazarov ◽  
Keyword(s):  
Russian Federation ◽  
Criminal Procedure ◽  
Criminal Case ◽  
Judicial Practice ◽  
Procedure Code ◽  
Legal Nature ◽  
The Status ◽  
The Subject ◽  
The Russian Federation ◽  
The Moment

The subject of the research within the framework of the article is the criminal procedure institute for the detention of a person on suspicion of committing a crime. The legal nature of this institution is analyzed, and comments are given on the normative legal acts and judicial practice regulating the issues of detention. The theoretical basis of the research is based on the publications of the last two decades on this problem, in particular, reflecting the discussion of the process scientists S. A. Shafer, S. B. Rossinsky and A. A. Tarasov, the subject of which was the issue of the legal nature of a suspect detention in a criminal case. In the paper, the authors ask the following questions: What is the detention of a person on suspicion of committing a crime in accordance with the legislation of the Russian Federation? From what moment does the detained person acquire the status of a suspect? Is it possible to detain a person before initiating a criminal case? The study concludes that a person acquires the actual status of a suspect from the moment of direct detention, that is, before documenting this status and, as a result, before initiating a criminal case. Amendments to the articles of the Criminal Procedure Code of the Russian Federation are proposed, and the authors` versions of the definitions of the concepts «detention of a suspect», «the moment of actual detention» and «pre-trial proceedings» are given.

USING RESULTS OF STING OPERATION IN CRIMINAL CASES PROVING

2021 ◽  
pp. 132-136
Author(s):  
Кирилл Иванович ЛАРИН
Keyword(s):  
Russian Federation ◽  
Criminal Procedure ◽  
Criminal Cases ◽  
Procedure Code ◽  
The Russian Federation ◽  
Sting Operation

В статье рассматриваются проблемные вопросы, связанные с использованием в качестве доказательств результатов оперативного эксперимента. Предлагается отказаться от проведения оперативного эксперимента по инициативе оперативных подразделений и допустить его проведение исключительно в рамках рассмотрения сообщения о преступлении, на основании поручения следователя Следственного комитета в порядке статьи 144 УПК РФ. The article deals with problematic issues associated with the use of the results of an operational experiment as evidence. It is proposed to refuse to conduct an operational experiment on the initiative of operational units and allow it to be conducted exclusively within the framework of considering a report on a crime, on the basis of an order from an investigator of the Investigative Committee in accordance with Article 144 of the Criminal Procedure Code of the Russian Federation.

scholarly journals Search in Criminal Procedure of Russia and Germany: Comparative Legal Characteristics

2018 ◽  
Vol 50 ◽  
pp. 01159
Author(s):  
Anton Shamne
Keyword(s):  
Comparative Analysis ◽  
Federal Republic ◽  
Russian Federation ◽  
Criminal Procedure ◽  
Federal Republic Of Germany ◽  
Procedure Code ◽  
The Status ◽  
The Subject ◽  
The Russian Federation ◽  
Similarities And Differences

The article compares the Criminal Procedural Codes provisions of the Russian Federation and the Federal Republic of Germany that regulate conducting a search as an investigative act. It also provides and compares the definitions of the concept “search” and “dwelling” given in Russian and German criminal procedural legislation. The reasons for conducting the search in general and the search of dwelling are considered, similarities and differences are revealed in relation to the status of the subject who is under the search. The author characterizes the search of dwelling and gives a comparative analysis of this investigative action as well as the notion of “urgent cases” in both countries. The authors also proposed some brief recommendations for improving the norms of the Russian Federation Criminal Procedure Code.

scholarly journals DEBATABLE QUESTIONS OF PRODUCTION ON APPLICATION OF COMPULSORY OBSERVATION AND TREATMENT BY A PSYCHIATRIST IN OUTPATIENT CONDITIONS

2019 ◽  
Vol 29 (5) ◽  
pp. 686-691
Author(s):  
L.G. Tatyanina ◽  
E.F. Tensina
Keyword(s):  
Mental Disorders ◽  
Russian Federation ◽  
Criminal Procedure ◽  
Criminal Case ◽  
Coercive Measures ◽  
Stationary Conditions ◽  
The Russian Federation

The use of compulsory observation and treatment by a psychiatrist according to the current legislation is carried out along with the imposition of punishment in relation to persons with mental disorders of a non-psychotic level. In relation to persons who do not need to apply coercive measures of a medical nature in stationary conditions, but who have mental disorders of a psychotic level, the legislator does not consider the possibility of coercive observation and treatment by a psychiatrist in accordance with Chapter 51 of the Code of Criminal Procedure of the Russian Federation, while there are no grounds for terminating the criminal case against these persons. According to the authors, it is necessary to expand the list of grounds for applying coercive measures of a medical nature in the form of coercive observation and treatment by a psychiatrist, and also establish the production procedure determined by Chapter 51 of the Code of Criminal Procedure of the Russian Federation, for persons recognized as insane, but not in need of coercive medical measures in stationary conditions.

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