scholarly journals Participation of a Teacher and Psychologist in Criminal Procedure on Cases Against Minors

2021 ◽  
Vol 7 (12) ◽  
pp. 289-294
Author(s):  
L. Savelyeva
Keyword(s):  
Criminal Justice ◽  
Criminal Procedure ◽  
Controversial Issues ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
The Status ◽  
A Minor

The criminal process in cases involving minors has its own peculiarities, which is explained by the need to ensure the rights of minors. At the same time, the current legislation does not always have a systemic character; a number of norms contradict each other. The specifics of Russian criminal justice in cases involving minors is a ground for discussion among scientists and practitioners. One of the controversial issues is the mechanism for ensuring the participation of a teacher and a psychologist in criminal proceedings in cases involving minors. The author concludes that the rules for the participation of a teacher or psychologist in criminal proceedings should not differ depending on the procedural status of a minor (accused, victim, witness). When considering the status of a teacher and a psychologist, the author comes to the conclusion that it is inexpedient to identify them. The teacher should be recognized as an independent participant in the process on the part of the defense, and it is advisable to consider the psychologist as a specialist.

Prospects for the Implementation of Special Conciliation Procedures in the Russian Criminal Process

2020 ◽  
Vol 9 ◽  
pp. 99-104
Author(s):  
E. V. Markovicheva ◽  
Keyword(s):  
Criminal Justice ◽  
Restorative Justice ◽  
Justice System ◽  
Criminal Procedure ◽  
Legal Analysis ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
Traditional System ◽  
Common Features ◽  
Legal Method

In the 21st century, the concept of restorative justice has become widespread in criminal proceedings. The introduction of special compromise procedures into the criminal process allows for the restoration of the rights of the victim and reduces the level of repression in the criminal justice system. The traditional system of punishment is considered ineffective, not conducive to the purpose of compensating for harm caused by the crime. Restorative justice enables the accused to compensate for the harm caused by the crime and is oriented not towards their social isolation, but towards further positive socialization. The introduction of the ideas of restorative justice into the Russian criminal process requires the introduction of special conciliation procedures. The purpose of the article is to reveal promising directions for introducing special conciliation procedures into the Russian criminal process. The use of the formal legal method provided an analysis of the norms of criminal procedure legislation and the practice of its application. Comparative legal analysis revealed common features in the development of models of restorative justice in modern states. Conclusions. The introduction of conciliation procedures into the Russian criminal process is in line with the concept of its humanization and reduction of the level of criminal repression. The consolidation of the mediator»s procedural status and the mediation procedure in the criminal procedure legislation will make it possible to put into practice the elements of restorative justice.

CONTENT AND LEGAL REGULATION OF PROHIBITIONS AS AN ELEMENT OF PREVENTIVE MEASURES SYSTEM IN THE RUSSIAN CRIMINAL PROCESS

2020 ◽  
pp. 61-65
Author(s):  
Алексей Викторович Орлов ◽  
Надежда Викторовна Грязева
Keyword(s):  
Preventive Measures ◽  
Criminal Procedure ◽  
Legal Regulation ◽  
Scientific Article ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
The Status ◽  
The Russian Federation ◽  
Legal Restrictions ◽  
Legislative Changes

Институт мер пресечения в отечественном уголовном процессе в последние годы подвергается серьезным изменениям. Потребности правоприменительной практики, активные изменения в окружающем нас мире, формирование новой технологической и информационной среды - все это заставляет законодателя пересматривать казавшиеся незыблемыми и устоявшимися правовые институты. Внесены были законодательные правки и в казавшуюся окончательно сформировавшейся систему мер пресечения. Запрет определенных действий, который получил статус самостоятельной меры пресечения, применяется в российском уголовном процессе с 2018 г. Однако до сих пор многие проблемные вопросы применения этого принудительного средства воздействия на поведение обвиняемого и подозреваемого остаются без ответа. По мнению авторов статьи, настало время дать оценку названной меры пресечения и на основе наработанного практикой опыта попытаться дать ответы на самые дискуссионные вопросы ее применения. Предложенная законодателем в ст. 105.1 УПК РФ идея «комбинирования» мер пресечения путем совмещения установленных основной мерой пресечения правоограничений и «дополнительных» запретов представляется нам далеко не бесспорной. На основе анализа текста закона в представленной научной статье предлагаются концептуальные направления для решения возникших сложностей. Отдельно обращается внимание на необходимость соблюдения правил законодательной техники и недопущение внутренних противоречий в уголовно-процессуальном законодательстве. The institution of preventive measures in Russian criminal process has been undergoing serious changes in recent years. The needs of law enforcement practice, active changes in the world around us, the formation of a new technological and information environment - all this forces the legislator to revise the legal institutions that seemed unshakeable and well-established. Legislative changes were also made to the system of preventive measures that seemed to be finally formed. The ban on certain actions, which has been granted the status of an independent measure of restraint, has been applied in Russian criminal proceedings since 2018. However, so far, many problematic questions about the use of this coercive means of influencing the behavior of the accused and suspect remain unanswered. According to the authors of the article, it is time to assess the mentioned measure of restraint and, based on the experience gained in practice, try to give answers to the most debatable questions of its application. Proposed by the legislator in article 105.1 of the code of criminal procedure of the Russian Federation, the idea of «combining» preventive measures by combining the legal restrictions established by the main measure of restraint and «additional» bans seems to us far from indisputable. Based on the analysis of the text of the law, the presented scientific article offers conceptual directions for solving the difficulties that have arisen. Special attention is paid to the need to comply with the rules of legislative technique and prevent internal contradictions in the criminal procedure legislation.

scholarly journals Favorable legal environment as a condition for the realization of criminal procedural rights and the proper performance of criminal procedural duties

2019 ◽  
Vol 4 (22) ◽  
pp. 178-185
Author(s):  
Evgeniy Petuchov ◽  
Mariya Neymark ◽  
Nina Dudko
Keyword(s):  
Criminal Justice ◽  
Criminal Procedure ◽  
Legal Environment ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
And Performance ◽  
Procedural Rights ◽  
Proper Performance

The article investigates the problem of legal support of the participants of criminal proceedings for the implementation of the rights granted to them by the legislator and the proper performance of their criminal procedural duties. Obstacles to the implementation of criminal procedure rights and obligations of normative (gaps, conflicts of legislation) and organizational (illegal actions of subjects, their inaction) nature are identified. The existing views of scientific researchers on the correlation of rights and obligations in the sphere of criminal justice as paired legal categories are studied and analyzed. We analyzed the provisions of the current criminal procedure legislation in Russia from presence/absence of legal conditions ensuring realization of rights and performance of duties by the participants of the criminal process.

scholarly journals ANALYSIS OF THE QUALITY OF THE COURT, PROSECUTOR AND LAWYERSWORK ON THE BASIS OF JUDICIAL STATISTICS: STATEMENT OF THE PROBLEM OF THE NEED TO IMPROVE THE INTERACTION OF THESE ENTITIES

2020 ◽  
pp. 204-207
Author(s):  
Tat’yana S. Kovalenko
Keyword(s):  
Criminal Justice ◽  
Civil Rights ◽  
Court Decisions ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
Joint Activities ◽  
The Status ◽  
Lower Courts ◽  
The Stability

The purpose of this article is to analyse the quality of the court, prosecutor and lawyers work through the prism of the problems of the indictment of the Russian criminal process. The study is conducted on the basis of judicial statistics of justices of the peace and courts of general jurisdiction in the first, appeal and cassation instances. The author comes to the following conclusion about modern criminal justice: 1) there is a low percentage of acquittals; 2) that maintains the stability of judicial acts of lower courts; 3) the court, prosecutor and lawyers work can control the legality of court decisions through procedural mechanisms enshrined in legislative acts. The author concludes that improving the quality of the court, prosecutor’s and lawyers’ work, as well as the level of protection of human and civil rights and freedoms lies in the plane of improving the status-role parameters of the interactions of the main participants in criminal proceedings. These interactions are determined by the circle of their joint activities legal and procedural status. Thus, we need amend existing legislation.

Involvement As a Defendant In Criminal Proceedings: National Traditions vs Foreign Experience

Legal Concept ◽  
2021 ◽  
pp. 34-40
Author(s):  
Sergey Rossinsky ◽  
Keyword(s):  
Criminal Justice ◽  
Criminal Procedure ◽  
Controversial Issues ◽  
Methodological Framework ◽  
Positive Experience ◽  
Criminal Proceedings ◽  
Wide Range ◽  
General Scientific ◽  
Court Proceedings ◽  
Further Development

Introduction: the prospects for further development of the criminal procedure mechanism for making a criminal claim against a person that is subject to substantive resolution during subsequent court proceedings is one of the controversial issues that attract the attention of a wide range of specialists. In this regard, the purpose of the paper is to identify the historical reasons that predetermined the rooting in the Russian system of the criminal procedure regulation of the existing procedure for bringing as a defendant to understand the possibility of its reformation, following the example of other European states. Methods: the methodological framework for the research consists of the general scientific (dialectical, systemic, structural-functional, logical, etc.) and specific scientific (formal-legal, comparative-legal, historical-legal, prognostic, etc.) research methods. The results of the study made it possible to formulate a position on the conditionality of the existing mechanism for bringing as a defendant by the historical traditions of the Russian criminal justice that have been formed over many years, largely based on the “classical” French (investigative) model of pre-trial proceedings. Conclusions: any proposed reforms of the mechanism for making a criminal claim against a person cannot be started only because of the “positive” experience of other countries; they can only begin after identifying, understanding, and properly assessing the underlying reasons that predetermined the appearance of the procedure for bringing as a defendant in the Russian criminal proceedings.

scholarly journals Principles of Criminal Justice as Guiding Principles in the Protection of Human and Civil Rights and Freedoms

2021 ◽  
Vol 11 (2) ◽  
pp. 1162-1172
Author(s):  
Ekaterina Viktorovna Tokareva
Keyword(s):  
Criminal Justice ◽  
Civil Rights ◽  
Criminal Procedure ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
Guiding Principles

The article deals with the problematic aspects related to the criminal procedure regulation of the implementation of the principles of criminal justice. The problematic aspects connected to the implementation of the principles of criminal justice by the participants on the part of the defense, the prosecution, and the court are touched upon. The article considers the features of the implementation of the principle of competition, equality of the parties, a reasonable period of criminal proceedings in the pre-trial stages of the criminal process. The conclusion summarizes all the procedural features which are encountered in the implementation of all the principles as fundamental principles during all stages of the criminal process.

DEFINITIONS OF CATEGORIES PURPOSE AND TASKS OF CRIMINAL PROCEEDINGS IN THE MODERN CRIMINAL PROCESS

2018 ◽  
Author(s):  
Svitlana Patiuк ◽  
Keyword(s):  
Criminal Procedure ◽  
The State ◽  
Modern Theory ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
Legal Norms ◽  
State Changes ◽  
The Individual ◽  
Goals And Objectives ◽  
Functional Purpose

"Definitions of categories, the goal and objectives of criminal proceedings in modern criminal proceedings" analysed the legal norms and provisions of doctrinal concepts to determine the goals and objectives of criminal proceedings. The author formulated conclusions and generalizations that since criminal proceedings are a sphere of state activity, it depends on the direction of the political course of the state, changes in state policy, which always leads to a change in the ideology of the criminal process as a whole, including the transformation of goals and objectives criminal proceedings. The purpose and objectives of criminal proceedings depend on the historical form of the criminal process, a common feature of which is the ratio of freedom (interests) of the individual and the state, expressed in the procedural position of the main participants in the process. Criminal procedure legislation and doctrine define the resolution of a dispute (conflict) between the state and the accused arising as a result of the commission of a crime as the goal of the criminal process in most countries in which the adversarial nature of criminal proceedings prevails. As the goal of criminal proceedings in the modern theory of criminal procedure, it is proposed to consider the protection of the individual, society and the state from criminal offences in the settlement of criminal-legal conflicts arising as a result of these offences. The goal in the criminal process determines the setting of tasks and represents the ultimate conclusion from the sum of all the tasks being implemented. The task of criminal proceedings should be determined taking into account the functional purpose of the subjects of criminal proceedings, and therefore the task is the fulfilment of his duty by a participant in criminal proceedings, which is determined by his functional purpose, based on the principle of competition of the parties.

scholarly journals Peculiarities of implementation of the principle of legality in the criminal process of Ukraine

2021 ◽  
Vol 1 (1) ◽  
pp. 253-257
Author(s):  
Oleksiy Skryabin ◽  
Dmytro Sanakoiev
Keyword(s):  
Civil Rights ◽  
Criminal Procedure ◽  
Limiting Factor ◽  
Criminal Proceedings ◽  
Legal Regime ◽  
Criminal Process ◽  
Procedural Law ◽  
Judicial Proceedings ◽  
Principle Of Legality ◽  
Discretionary Powers

The article analyzes the principles of criminal procedure, which are the expression of the prevailing political and legal ideas of the state, relate to the tasks and methods of judicial proceedings in criminal proceedings, are enshrined in law and operate throughout all stages and necessarily in its central stage. Modern theoretical ideas about the system of principles of criminal proceedings are still in the stage of active methodological and ideological rethinking. Discussions continue both on the concept and features of the principles of criminal proceedings, their system, and on the peculiarities of implementation at different stages of the criminal process. Violation of the principles of criminal procedure is a sign of illegality of decisions in the criminal and becomes the basis for the cancellation of these decisions. The principle of legality characterizes the legal regime of strict and mandatory observance of laws in law enforcement practice, which manifests itself in criminal proceedings, limits the discretionary powers of the pre-trial investigation, prosecutor's office and court. The principle of legality becomes an opportunity to transfer criminal proceedings from one procedural stage to another only on the basis of the law and in a strictly defined sequence. Legality is one of the guarantees of establishing the truth in a criminal case, which ensures the protection of human and civil rights and freedoms. The principle of legality is characterized by mandatory observance of laws in criminal proceedings, is a limiting factor in the discretion of the pre-trial investigation, prosecution and court. Due to the implementation of the principle of legality, the shortcomings and gaps in the criminal process that exist in criminal procedural law can be overcome.

Execution of a Sentence in the Structure of Criminal Proceedings: Procedural Stage or Special Court Proceedings?

2020 ◽  
Vol 1 ◽  
pp. 97-106
Author(s):  
V. V. Nikolyuk ◽  
◽  
L. A. Pupysheva ◽  
Keyword(s):  
Supreme Court ◽  
Criminal Procedure ◽  
Criminal Case ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
Self In Relation ◽  
The Supreme Court ◽  
Court Proceedings

The article analyzes the concept of execution of a sentence as an independent stage of the criminal process (the stage of criminal proceedings). Arguments are given that point to its certain illogicality and inconsistency. The authors on the basis of existing legislation and taking into account the positions of Plenum of the Supreme Court additionally reasoned and substantiated the thesis of the existence of the criminal process self in relation to a criminal case of criminal procedure, regulated by Chapter 47 of the Code of criminal procedure.

REVIEW ON THE MONOGRAPH OF OLEKSANDR TORBAS �DISCRETION IN THE CRIMINAL PROCESS OF UKRAINE: THEORETICAL JUSTIFICATION AND PRACTICE OF IMPLEMENTATION�

2020 ◽  
Vol 10 (4) ◽  
pp. 147-150
Author(s):  
Iryna Hloviuk ◽  
Keyword(s):  
Public Relations ◽  
Criminal Procedure ◽  
Scientific Work ◽  
Legal Regulation ◽  
Criminal Proceedings ◽  
Theoretical Justification ◽  
Criminal Process ◽  
Procedural Law ◽  
Current Period ◽  
Legitimate Interests

Current period of development of the legal system of Ukraine is characterized by variability of legislation that regulates, in particular, organization of judicial system and implementation of criminal proceedings. Unfortunately, criminal procedure legislation is no exception, given how many changes and additions have been made to the Criminal Procedure Code of Ukraine since its entry into force in 2020. Undoubtedly, like any other codified legal act, CPC of Ukraine in modern conditions cannot be unchanged, given the dynamics of public relations, the provisions of international law, decisions of ECtHR and number of attempts to solve identified problems of its application. Difficulties of criminal procedural law enforcement are manifested in such an area as the use of discretion of authorities in criminal proceedings, although without it application of legislation is ineffective. At the same time, lawful discretion in criminal proceedings should not turn into its opposite � arbitrariness, which will already violate rights and legitimate interests of individuals and legal entities. In criminal proceedings, given the imperative method of legal regulation and possibility of various coercive measures, including those related to the restriction of constitutional human rights, this issue is of particular importance, given, inter alia, that prosecution�s discretion applies within non-adversarial procedure, and the CPC of Ukraine does not always provide for the possibility of appealing such decisions in court. The peer-reviewed monograph consists of four chapters, which contain 10 sections. Structuring of the monograph is logical; the author analyse problems of discretion from questions of concept, signs and limits of discretion, and then moves to the characteristic of realization of discretion by judge, prosecutor, investigator, detective. In general, without a doubt, the monograph of Torbas O. O. �Discretion in the criminal process of Ukraine: theoretical justification and practice of implementation� is relevant, complete and fundamental scientific work, has scientific and practical value. Monograph of Torbas O.O. significantly enriches criminal procedure doctrine regarding the subjects of criminal proceedings, criminal procedure decisions and other areas.

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