scholarly journals Legislative Development of Criminal Proceedings and Evidence in the Slovak Republic (1993-2021)

2022 ◽  
Vol 5 (1) ◽  
pp. 1-13
Author(s):  
Adrián Vaško
Keyword(s):  
Slovak Republic ◽  
Science And Technology ◽  
Historical Analysis ◽  
Legal Regulation ◽  
Research Data ◽  
Criminal Proceedings ◽  
Scientific Methods ◽  
Current State

Background: In this article, the author focuses on the legislative development of criminal proceedings and evidence after the establishment of the Slovak Republic. This article pays special attention to the issue of evidence and means of proof. It also deals separately with the legal regulation of using information and technical means. It briefly suggests possible directions of development in the field of evidence, reflecting the current state of development of science and technology, as well as changes in the security situation. Methods: The scientific methods of historical analysis and legal comparison were used to process the research data. Results and Conclusions: Developments in this area are constantly advancing, and the area of evidence in criminal proceedings in the Slovak Republic will inevitably be subject to updating.

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.

scholarly journals The prospects for ecological tourism development in Ukraine

2019 ◽  
Keyword(s):  
Tourism Development ◽  
Qualitative Evaluation ◽  
Legal Regulation ◽  
Resource Base ◽  
Scientific Methods ◽  
Current State ◽  
Initial Stage ◽  
General Scientific ◽  
Evaluation Of Data ◽  
Ecological Tourism

At the present stage of tourism development in the world, the ecological tourism is one of the priority directions of sustainable development of the territories. Ecological tourism in Ukraine is at an initial stage of its expansion, but due to the existing natural and recreational resources of the country, this type of tourism has all the chances to become one of the main types of travel and create all conditions for improving the socio-economic situation of the population. The subject of the research is the prospects for the development of ecological tourism in Ukraine on the basis of the existing resource base. The goal of the paper is to substantiate the state and the prospects of the development of ecological tourism in Ukraine. The objective: to define the essence of the concept of "ecological tourism", to analyze the current state of the development of ecological tourism in Ukraine, to consider the features of regulatory and legal regulation of ecological tourism, to determine the prospects for the development of ecological tourism.In the article general scientific methods are used such as the analysis - for the research of separate components of ecological tourism; synthesis – to combine individual facts; statistical method – for the processing of statistical information and for qualitative evaluation of data; method of induction and deduction – helps to draw conclusions based on existing facts; systematic approach – for a holistic study of the prospects of ecological tourism relative to external factors of influence. The following results were obtained: on the basis of the analysis, the theoretical aspects of the concept “ecological tourism”are investigated, the necessary resources for the development of ecological tourism in the country are identified and the main prospects for the development of ecological tourism of Ukraine are determined. Conclusions: the prospects for the development of ecological tourism reflect the positive effect of ecotourism in Ukraine, which indicates the importance of its organization and development in the domestic tourist market of the country.

scholarly journals INVESTIGATIVE EXPERIMENT IN CRIMINAL PROCEEDINGS: HISTORICAL ANALYSIS

2021 ◽  
Vol 75 (2) ◽  
pp. 161-168
Author(s):  
Kateryna Kurnaieva ◽  
Keyword(s):  
Historical Analysis ◽  
Criminal Procedure ◽  
Science Research ◽  
Criminal Proceedings ◽  
Law Enforcement Agencies ◽  
Socialist Republic ◽  
Soviet Socialist Republic ◽  
Scientific Methods ◽  
Procedure Code ◽  
Object Of Study

The article is devoted to the genesis of the investigative experiment as an independent investigative (search) action. The author analyzes the historical stages of origin, development, and determination of the place of the investigative experiment in the system of procedural actions in Ukraine. It is noted that the investigative experiment as a way to verify the evidence arose in the practice of pre-trial investigation. And then it became the object of study of legal science research. It is noted that the basis of the investigative experiment is the use of the method of scientific research method – testing to verify certain information. This is a sign of the introduction of truly scientific methods in the activities of law enforcement agencies. In this way the obtained evidence is given signs of belonging and admissibility. The testimony of the participants in the criminal proceedings and the investigative versions are checked by conducting an investigative experiment. Thus the reliability of the received information and the maintenance of a criminal offense is established. That is why the investigative experiment became widespread in the pre-trial investigation. Investigative experiment is a way to verify and to obtain evidence, but one of the most complex in its preparation and content. It is established that there is no detailed clear historical periodization of this procedural institution. The article compares the content of art. 194 of the Criminal Procedure Code of the Ukrainian Soviet Socialist Republic dated 28.12.1960 «Reproduction of the situation and circumstances of the event» from art. 240 of the Criminal Procedure Code of Ukraine dated 13.04.2012 «Investigative experiment». The conclusion that the investigative experiment is an independent investigative (investigative) action is substantiated, but some questions concerning its conduct remain ambiguous. Currently, this is the basis for discussions, which indicates the relevance of this procedural institution and its development.

scholarly journals Concept of Digital Evidence, Current Status and Its Role in the Evidentiary Process

2020 ◽  
Vol 15 (4) ◽  
pp. 55-60
Author(s):  
A. Yu. Cherdantsev
Keyword(s):  
Russian Federation ◽  
Preliminary Investigation ◽  
Legal Regulation ◽  
Current Status ◽  
Digital Evidence ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Significant Information ◽  
Current State ◽  
The Russian Federation

The article analyzes the international current state of the concept of digital evidence, its meaning, types and role in the process of proving in criminal cases in the practical activities of the preliminary investigation bodies of the Russian Federation, considers some problems arising in law enforcement practice, suggests the author's classification of modern digital traces, studies and compares international practice governing the practical application of digital evidence, their concept and content. The problem of gaps in the legal regulation of digital evidence is considered, as well as the possibility of introducing amendments to the current legislation concerning the legal recognition of digital evidence along with traditional types of evidence, as well as the regulation of the use of digital evidence in criminal proceedings, and a proposal is made to introduce a number of amendments to the current legislation of the Russian Federation, where it is necessary to secure definitions of digital evidence, thus legalizing it, stating in the following re At the same time, it is noted that there is no need to introduce a separate article to regulate digital (electronic) evidences, because it is rather difficult to determine the volume of digital (electronic) evidences (digital criminally significant information), at least because there is no unanimity in this respect and there was no unanimity, besides, due to the dynamic development of electronics, including personal ones, this norm quickly lost its relevance and required amendments, creating a certain gap in legal regulation, which is more complicated.

scholarly journals THE IMPLEMENTATION OF THE ADVERSARIAL PRINCIPLE AT THE PRE-TRIAL STAGES OF CRIMINAL PROCEEDINGS IN THE RUSSIAN FEDERATION AND IN FOREIGN COUNTRIES

2020 ◽  
Vol 16 (3) ◽  
pp. 108-119
Author(s):  
Ирина Попова ◽  
Анастасия Иванова
Keyword(s):  
Practical Interest ◽  
Legal Regulation ◽  
Regulation Mechanism ◽  
Criminal Proceedings ◽  
Scientific Methods ◽  
Foreign Countries ◽  
The Social ◽  
Criminal Procedure Law ◽  
Legitimate Interests ◽  
General Scientific

To achieve the purpose of criminal proceedings, law enforcers must have an arsenal of procedural tools in order to ensure the operation of the legal regulation mechanism. The system of principles of criminal proceedings, serving as the basis for the effective operation of the norms of criminal procedure law, includes the adversarial principle. The implementation of this principle has a number of features in pre-trial proceedings. In this aspect, a comparative study of the adversarial principle in national criminal proceedings and in foreign criminal proceedings is of both scientific and practical interest. Purpose: analysis of the adversarial principle at the pre-trial stages in national and foreign criminal proceedings, as an element of the legal regulation mechanism. Methods: dialectic methods as a general scientific method of cognition, as well as specific scientific methods: interpretation method, comparative legal, technical legal, formal logical in their various combinations. Results: the study reveals that the adversarial principle operates in various types of criminal process in the mechanism of legal regulation of Russia and foreign countries. To achieve the social purpose of criminal proceedings, which provides for the protection of rights and legitimate interests, the adversarial principle must be implemented, including at the pre-trial stages of criminal proceedings.

scholarly journals Current State of Normative and Legal Regulation of the Rehabilitation Institution in Criminal Proceedings of Ukraine

2020 ◽  
Vol 91 (4) ◽  
pp. 272-281
Author(s):  
H. I. Hlobenko
Keyword(s):  
Civil Rights ◽  
Public Relations ◽  
Social Relations ◽  
Radical Change ◽  
Legal Regulation ◽  
The State ◽  
The European Union ◽  
Criminal Proceedings ◽  
Current State ◽  
Original Definition

The authir has carried out theoretical study of the current state of regulation of the rehabilitation institution in criminal proceedings of Ukraine, the immediate task of which is to protect human and civil rights and freedoms within relations between the state and an individual. Numerous appeals to the ECHR by citizens of Ukraine, who have been illegally or unjustifiably prosecuted, as well as the existence of decisions in their favor indicate on the shortcomings of this institution. The essence of the term of “rehabilitation” and its normative enshrinment in legislative acts at some historical stages of the world community development has been studied. It has been established that it was first used in medieval France to denote the pardon of a convict with the restoration of all his former rights. However, due to the development of social relations and a radical change in society’s attitude to sentencing, the concept of “rehabilitation” has become much broader than the original definition. Based on the detailed analysis of theoretical developments of leading scholars, international and legal acts, criminal procedural legislation of Ukraine, some countries of the European Union and the post-Soviet space, special attention has been focused on significant shortcomings of legal regulation of the specified area of public relations in Ukraine. The author has suggested own vision of the concept of “rehabilitation”. The author has offered to reffer it to the tasks of criminal proceedings stipulated by the provisions of the Art. 2 of the Criminal Procedura; Code of Ukraine. Besides, special attention has been paid to the fact that a rehabilitated person, in addition to compensation for damages and restoration of violated rights, must receive an official apology on behalf of the state for unjustified or illegal prosecution.

scholarly journals VERIFICATION AND ASSESMENT OF AN EXPERT’S CONCLUSION IN CRIMINAL PROCEEDINGS

2021 ◽  
pp. 120-138
Author(s):  
O. Baulin ◽  
O. Izotov
Keyword(s):  
Legal Regulation ◽  
Reasonable Doubt ◽  
Presumption Of Innocence ◽  
Structural Elements ◽  
Criminal Proceedings ◽  
Scientific Validity ◽  
Standard Of Proof ◽  
Current State ◽  
Procedure Code ◽  
The Supreme Court

The article considers the procedural and forensic aspects of the verification and assessment of an expert’s conclusion in criminal proceedings, its regulation under the current legislation of Ukraine. The authors define the assessment of the expert’s conclusion and indicate its structural elements and features, as well as what is its difference from the verifying the expert’s conclusion, since the latter is characterized not only by the operations of mental activity, but also by the conduct of investigative (search) and other procedural actions. It is noted that the verification of the expert’s conclusion in criminal proceedings always precedes its assessment. The assessment of the expert’s conclusion includes the analysis of the follows: – compliance with the procedural rules for the appointment, conduct and execution of the xamination; – competence and adequacy of an expert; – expert’s conclusions on compliance with the tasks assigned to him/her; – completeness and scientific validity of the conclusion; – the data of the conclusion regarding its relevance; – compliance of the expert’s conclusion with other evidence collected in criminal proceedings. The subjects carrying out criminal proceedings pay particular attention to the modern practice of assessing the expert’s conclusion. The approach is perceived critically, according to which only the categorical conclusion of the expert has evidentiary value, and the court cannot base the judgment on the probabilistic conclusion. Based on the provisions of the principle of the presumption of innocence, and on the example of the assessment of the conclusions of the forensic medical examination on the probabilistic cause of the death of the victim, which was made by the Supreme Court, applying the standard of proof beyond reasonable doubt, the authors point to the obligatory use of probabilistic expert conclusions by courts to justify its acquittals. The article draws conclusions about the current state and limits of legal regulation of the assessment of an expert’s conclusion in criminal proceedings, the rules of which, according to the authors, do not need to be fixed in a separate article of the Criminal Procedure Code of Ukraine.

scholarly journals The problem of security convicted persons in the custodial settings of the ministry of justice of Ukraine

2020 ◽  
Vol 2 (2) ◽  
pp. 146-151
Author(s):  
Oleh Shkuta
Keyword(s):  
Historical Analysis ◽  
Legal Regulation ◽  
Criminal Code ◽  
Correctional Facilities ◽  
Criminal Proceedings ◽  
Socialist Republic ◽  
Soviet Socialist Republic ◽  
Personal Security ◽  
Security Issues ◽  
The Right

The article explores the problem of defining the concept of security of convicted persons. The author analyzed the current normative legal acts, in particular, the Constitution of Ukraine, the Criminal Code of Ukraine, the Criminal Enforcement Code of Ukraine, the Laws of Ukraine “On Pre-trial Detention”, “On Ensuring the Safety of Persons Participating in Criminal Procedure” and departmental by-laws - legal acts. The article presents the opinions of domestic scientists of penitentiary orientation regarding the content of the concept of security convicted persons in the custodial settings in the science of criminal enforcement law and the current legislation. The article identifies six forms of ensuring the right of convicts to personal security: determination by the administration of the criminal correctional facilities the criterion of personal security of convicts; legal regulation of the personal security of prisoners; the authorities using risk-management measures; further resolving the issue of the place of serving the convicted person; ensuring the safety of convicts in connection with their involvement in criminal proceedings. The author conducted a historical analysis of the formation and development of security issues of convicts in the normative acts of the Ukrainian Soviet Socialist Republic and independent Ukraine. The author argues that there are many reasons for the threats to the personal safety of prisoners in criminal correctional facilities. The article defines the concept of security convicted persons in the custodial settings - it is regulated by the current legislation and is provided by the staff of the bodies and criminal correctional facilities the protection of the rights and freedoms and legitimate interests of the prisoners while serving their sentences.

scholarly journals Digitalization of the migration sphere in the Russian Federation: state and prospects

2021 ◽  
pp. 118-132
Author(s):  
Svetlana Mikhailovna Popova
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
Project Approach ◽  
Scientific Methods ◽  
Current State ◽  
Migration Factor ◽  
Digital Transition ◽  
General Scientific ◽  
The Russian Federation ◽  
And Migration

This article is dedicated to the analysis of the current state of digitalization of the migration sphere in the Russian Federation. It is demonstrated that the implementation of modern digital technologies, as well as information technology tools into the mechanisms of migration governance (in a broader sense, digital transformation of the system of relations between migrants and accepting country) is objectively inevitable in the context of global digital transition and growing role of the migration factor for the economy. The goal of this research is to determine the political-legal factors and problems that impact digital transition in the migration sphere of the Russian Federation. For achieving the set tasks, the article employs general scientific methods and approaches, including comparative methods. The author provides a brief overview of coevolution of the migration situation and migration regulation in the Russian Federation for the period 2012–2021. It is noted that the goals, tasks and instruments of migration governance change along with the transformation of perception of the importance of migration factor for the Russian Federation and its role in solution of economic development objective. Based on the parallel consideration of political-legal decisions and practices of digitalization of the migration sphere, the author summarizes the current results and challenges. It is indicated that the project approach and advanced legal regulation contribute to the digital reforms in the migration sphere; however, in practice we can observe deceleration of the pace of reforms due to lack of coherence in actions and conceptual approaches. The key reason is that the basic acts that regulate modernization of the migration sphere in the Russian Federation are not the strategic planning documents.

scholarly journals The Problems of Implementing the Procedural Relationship Between the Prosecutor and the Investigator on Applying a Measure of Restraint in Judicial Control Proceedings (Through the Example of Detention)

Legal Concept ◽  
2021 ◽  
pp. 57-64
Author(s):  
Vagip Abdrashitov ◽  
Davlatali Kakhkhorov ◽  
Violetta Gavrilova
Keyword(s):  
Preliminary Investigation ◽  
Historical Analysis ◽  
Preventive Measure ◽  
Criminal Procedure ◽  
Soviet Period ◽  
Criminal Proceedings ◽  
Judicial Control ◽  
Current State ◽  
Criminal Procedure Law

Introduction: the paper examines the problems of implementing the procedural relationship between the prosecutor and the investigator in the course of judicial control proceedings when applying the measures of procedural coercion in the form of detention. In the doctrine of criminal procedure, there are different positions of processualist scientists on improving the criminal procedure activities of the prosecutor and the investigator at the stage of deciding on applying a measure of restraint in the form of detention. The authors took a keen interest in the lack of a legitimate determination of the prosecutor’s opinion on the validity and legality of the request of the preliminary investigation bodies to choose detention in the course of judicial control proceedings. It is the written opinion of the prosecutor as a form of intervention at the pre-trial stages, especially in the course of judicial control proceedings when investigating the issue of choosing detention that contributes to the court’s taking a legitimate and reasoned decision. In this context, the authors set the goal of finding and improving the efficiency of the procedural model of relations between the prosecutor and the investigator on the issue of resolving a preventive measure in the form of detention in the course of judicial control proceedings. Methods: the methodological framework for the study is a set of methods of scientific cognition, among which the main ones are the methods of cognition, comparative law and historical analysis. Results: the authors analyzed the provisions of the criminal procedure norms of the Soviet period on this issue which helped to identify a number of shortcomings in that period and in the present one, which were inherited from the past. Conclusions: the existing procedural model of interaction between the prosecutor and the investigator in a detailed study of the problem of preventive measures in the form of detention, regulated by the current criminal procedure law, does not correspond to the current state policy in relation to the Russian prosecutor, who acts on behalf of the state at all stages of criminal proceedings. In this regard, the authors, based on the analysis of numerous positions of processalist scientists, as well as the judicial and investigative practice, proposed a procedural model of interaction between the prosecutor and the investigator during the judicial control proceedings, which can be applied in regulating the relationship between the prosecutor and the investigator when considering the issue of applying a measure of restraint in the form of detention.

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