scholarly journals On the issue of determination of the procedural status of the new witness for the prosecution in criminal procedure

2019 ◽  
pp. 225-228
Author(s):  
Fyodor M. Kobzaryov
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Criminal Procedure ◽  
Criminal Case ◽  
Federal Law ◽  
Legal Proceedings ◽  
The Status ◽  
The Russian Federation

The main approaches to definition and to the content of the procedural status of the person with respect to which, the criminal case is allocated in separate legal proceedings in connection with conclusion of the pre-trial agreement with it concerning cooperation are considered in the article; provisions of the Federal law as of 10/30/2018, #376-ФЗ "On amendments to the Code of Penal Procedure of the Russian Federation" are analysed; according to them, the status of this person is defined, and suggestions for improvement of the legal status of the new participant of criminal procedure are proved.

scholarly journals RATIO OF THE LEGAL AND PROCEDURAL STATUS OF THE HEAD OF INVESTIGATIVE BODY

2018 ◽  
Vol 22 (2) ◽  
pp. 158-165
Author(s):  
T. Yu. Popova
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Criminal Liability ◽  
Criminal Procedure ◽  
Criminal Code ◽  
Legal Proceedings ◽  
The Status ◽  
The Russian Federation ◽  
Legal Sense

Article is devoted to search of author's determination of the criminal procedure status of the head of investigative body. Determination of the status is given in it is general legal sense, types of legal statuses, such as the general (constitutional), special (patrimonial), individual, the status of the foreigner and branch legal statuses are allocated. The discussion about a ratio of legal status and a legal status on the basis of which conclusions the author has divided concepts of legal and procedural status per se is given. Are carried to number of elements of legal status of the head of investigative body: the rights and duties provided by the Code of Criminal Procedure of the Russian Federation and specified departmental standard legal by acts of the Ministry of Internal Affairs of the Russian Federation, SK of Russia and FSB of Russia; the criminal liability regulated by the Criminal Code of the Russian Federation and the disciplinary responsibility provided by subordinate regulations for non-execution or inadequate execution of the procedural powers; procedural and administrative accountability of activity of the head of investigative body to the head of higher investigative body. Elements of the criminal procedure status of the designated participant of criminal trial, according to the author, are the rights and duties provided by the Code of Criminal Procedure of the Russian Federation; the accountability of activity of the head of investigative body to the head of higher investigative body regulated by the Code of Criminal Procedure of the Russian Federation. The author has also mentioned a discussion about existence of criminal procedure responsibility of participants of criminal legal proceedings. In article the maintenance of each of elements of the status and justification of reference of each of them to this or that type of the status is opened. Proceeding from the considered structure, the concept of the criminal procedure status of the head of investigative body as the position of the head of the investigative body including his procedural laws, duties and accountability to the head of higher investigative body regulated only by the Code of Criminal Procedure of the Russian Federation is formulated.

scholarly journals STRENGTHENING OF LAWYER INDEPENDENCE IN CRIMINAL LEGAL PROCEEDINGS

2017 ◽  
Vol 21 (4) ◽  
pp. 179-188
Author(s):  
I. N. Chebotareva
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Criminal Procedure ◽  
Legal Regulation ◽  
Constitutional Court ◽  
Legal Aid ◽  
Federal Law ◽  
Legal Proceedings ◽  
The Status ◽  
The Russian Federation

The article is devoted to changes analysis made in the Code of Criminal Procedure of the Russian Federation by the Federal law No. 73-FZ of April 17, 2017 regarding strengthening of lawyer legal status in criminal legal proceedings. Additional guarantees of lawyer’s independence rendering qualified legal aid in criminal legal proceedings brought by this law are revised. It is possible to call this law "lawyer law" because it is devoted to questions of legal regulation improvement of lawyer’s status in criminal legal proceedings. And in fact is a reduction of existing Code of Criminal Procedure of the Russian Federation in compliance with legal positions created by earlier Constitutional Court of the Russian Federation. On the basis of changes analysis of the Code of Criminal Procedure of the Russian Federation conclusions on strengthening of guarantees of lawyer independence rendering legal aid in criminal legal proceedings and some critical remarks on the matter are stated. Three blocks of questions which cover changes are allocated: the introduction of the defender in criminal case, lawyer secret, and participation of the defender in proof. Changes concern the following questions: formal obstacles for the defender introduction in criminal trial are eliminated; interrogation of the lawyer is possible only according to the petition of protection side; the person called for questioning which isn't subject to interrogation doesn't acquire the status of witness; search, survey and dredging concerning the lawyer can be carried out only under the judgment at observance of established guarantees; additional guarantees in petition satisfaction declared by the lawyer are established; procedural funds of use of expert help are deposited by the defender.

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.

scholarly journals Some issues of legal regulation (of the legal status) control and accounting bodies of municipalities

2020 ◽  
Vol 2020 (2) ◽  
pp. 82-88
Author(s):  
Oleg Kozhevnikov
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Legal Regulation ◽  
Regulatory Framework ◽  
Legal Analysis ◽  
Federal Law ◽  
Government Organization ◽  
The Past ◽  
The Status ◽  
The Russian Federation

Almost three decades have passed since the appearance of the Law of the Russian Federation from 06.07.1991 No. 1550-1 «On local self-government in the Russian Federation». Over the past historical stage, the regulatory framework of local self-government and its bodies has significantly transformed: this applies to the concept of local self-government, territorial and organizational foundations, and of course the legal status of individual local self-government bodies. This article provides a comparative legal analysis of certain provisions of Federal law No. 131-FZ of 06.102.2003 «On General principles of local self-government organization in the Russian Federation» and Federal law No. 6-FZ of 07.02.2011 «On General principles of organization and activity of control and accounting bodies of subjects of the Russian Federation and municipalities» in the part concerning control and accounting bodies of municipalities. Based on the results of this analysis, significant contradictions were identified in the basic Federal normative legal acts regulating the legal status of the control and accounting body of a municipality, which need to be corrected by the Federal legislator in order to increase the level of unity and consistency in the legal regulation of the status of one of the most important bodies in the system of local self-government-the control and accounting body of a municipality.

scholarly journals The Adversarial System in Criminal Procedure: Norms and Implementation

2019 ◽  
Vol 8 (12) ◽  
pp. 4039-4042
Keyword(s):  
Russian Federation ◽  
Criminal Procedure ◽  
Criminal Proceedings ◽  
Adversarial System ◽  
The Supreme Court ◽  
Modern System ◽  
The Status ◽  
Criminal Procedure Law ◽  
The Russian Federation

The research is devoted to the analysis of the essence and place of the adversarial system in modern criminal procedure regulation. The existing acute debatability regarding the procedural status of the adversarial system in the criminal procedure law of the Russian Federation necessitates the appeal of scholars to this category. The purpose of identifying the true procedural nature of the adversarial system and the boundaries of its implementation is directly related to the determination of the correct place of this procedural category in the modern system of criminal procedure regulation. The analysis of modern scientific views on the procedural status of the adversarial system indicates the presence of diametrical views on the compliance of the adversarial system with the characteristics of an independent industry-wide principle. A controversial opinion about the extension of the principle of adversarial practice to the pre-trial stages of Russian criminal proceedings is noted. According to the authors, the current law enforcement practice confirms the implementation of the "pure" adversarial system only in the judicial stages of the criminal process. Taking into account the provisions of the Constitution of the Russian Federation and the position of the Supreme Court of the Russian Federation, the work provides an argumentation of the authors’ position on the advisability of changing the status and, accordingly, the place of the adversarial system in the structure of the Code of Criminal Procedure of the Russian Federation from the "industry-wide principle" to the "general condition of the trial".

scholarly journals Features of Obtaining, Evaluating and Using of Testimony of a Person Questioned in a Criminal Case of an Accomplice

2021 ◽  
Vol 16 (2) ◽  
pp. 102-113
Author(s):  
V. S. Shadrin ◽  
B. B. Bulatov
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Criminal Procedure ◽  
Criminal Case ◽  
Criminal Proceedings ◽  
Cooperation Agreement ◽  
Criminal Investigations ◽  
Procedure Code ◽  
The Russian Federation

Under Article 56.1 of the Criminal Procedure Code of the Russian Federation, an individual in whose respect the criminal case was separated into a separate proceeding due to the conclusion of a pre-trial cooperation agreement among the participants of the Russian criminal proceedings has appeared. This results in intensification of the discussion of the legal status of not only this individual, but also of a number of other actually existing similar participants. They include, inter alia, a convicted person questioned in the case of his accomplice previously allocated to a separate proceeding due to suspension for one reason or another and subsequently resumed; the person against whom the criminal case has been dismissed, etc. All of them are united by the fact that they are involved in criminal investigations against the accomplices to testify against their wrongful actions. This kind of testimony is of considerable specificity, as it is given by persons with the privilege against self-incrimination and interested in the outcome of the case. This predetermines significant nuances of the procedure of obtaining, evaluating and using such testimonies.

scholarly journals The Identification of Close Relatives of the Deceased Suspect or Accused in Criminal Proceedings: the Problems of the Legal Regulation and Interaction

Legal Concept ◽  
2021 ◽  
pp. 90-99
Author(s):  
Kristina Trifonova ◽  
Mikhail Shmatov ◽  
Vadim Perekrestov
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Criminal Procedure ◽  
Legal Regulation ◽  
The Body ◽  
Criminal Case ◽  
Criminal Prosecution ◽  
Deceased Person ◽  
The Russian Federation ◽  
Close Relatives

Introduction: the termination of a criminal case or refusal to initiate a criminal case on a non-rehabilitative basis, provided for in paragraph 4, part 1, Article 24 of the Code of Criminal Procedure of the Russian Federation, will have a certain degree of specificity in the production of procedural actions. A sign of this type of proceedings is the appearance of a special category of subjects of criminal procedural relations – close relatives of the deceased person, who can initiate further investigation of the criminal case and its consideration in court in order to rehabilitate the deceased suspect or accused. These subjects are involved in the plane of legal relations in connection with the presence of their “legitimate interest”, both of a property and non-property nature. A detailed study of the criminal procedure status of a person against whom the criminal prosecution was carried out, but he was not given the status of a suspect or accused, is due to the need to establish the circle of his close relatives. The effectiveness of this activity depends both on the successful interaction of the subject of the investigation with the body of inquiry and other state bodies, and on the legal regulation of the situation in criminal proceedings of close relatives and other interested persons of the deceased. The purpose of the study is to analyze the legal status of the deceased person not only at the stage of procedural verification, but also at the stage of preliminary investigation, as well as to suggest the ways to solve problems, related to the involvement of close relatives and other interested persons of the deceased in the investigation process, including through the use of various forms of interaction of the subject of the investigation with the body of inquiry and the state bodies. Methods: in the course of the study, the general and specific scientific methods were used, namely: comparative research, system analysis and logical-legal. Results: the paper analyzes the current regulatory regulation of the legal status of a deceased person during a procedural check before making a decision to refuse to initiate a criminal case, and provides a comparative legal analysis of similar legal provisions under the legislation of some foreign countries. The problems associated with the moment when it is necessary to obtain the consent of close relatives for making a decision in accordance with paragraph 4 of part 1 of the article are identified. 24 of the Code of Criminal Procedure of the Russian Federation, the directions and conditions of the activity of the investigative body in connection with the adoption of this decision are defined. It is indicated that the circle of related persons whose opinion needs to be clarified is not defined in the law. In this regard, it is proposed to rely on the position of the Constitutional Court of the Russian Federation and find out the opinion primarily of close relatives, the establishment of which depends on the successful application of various forms of interaction. Conclusions: the legislative recommendations are proposed to improve the legal status of a deceased person who has not yet been given the status of a suspect or accused, but in relation to whom the criminal prosecution was carried out. The paper analyzes in detail the activities of the investigation body to identify close relatives in order to clarify their opinion on the decision made in accordance with paragraph 4, part 1, Article 24 of the Criminal Procedure Code of the Russian Federation. The recommendations on the organization of interaction aimed at identifying the specified participants in the criminal process are given.

scholarly journals Entering information about the security zone of the main gas pipeline into the Unified State Register of Real Estate

2021 ◽  
Vol 5 (1) ◽  
pp. 48-62
Author(s):  
N. G. Ovchinnikova ◽  
◽  
D. A. Medvedkov ◽  
Keyword(s):  
Real Estate ◽  
Russian Federation ◽  
Legal Status ◽  
Gas Pipeline ◽  
Federal Law ◽  
Legal Norms ◽  
State Register ◽  
The Status ◽  
The Russian Federation ◽  
Main Gas Pipeline

The article discusses the process of preparing the location description of the protected zone boundaries of the main gas pipeline for the subsequent entry of information about it in the Unified State Register of Real Estate. In 2018, the regulation of the legal status of zones with special use of the territory was based on Federal Law No. 342 "On Amendments to the Urban Planning Code of the Russian Federation and Certain Legislative Acts of the Russian Federation". Previously, the status of the zones studied in the work was regulated by legal acts, which often made it difficult to apply the legal norms related to them. The authors describe this process in detail, starting with the coordination of the object itself and ending with the result of the work, paying attention to the subtleties of the process and emphasizing the existing shortcomings.

scholarly journals On Some Issues of Citizenship and Legal Status of Foreigners in Russia

2017 ◽  
pp. 46-52
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Federal Law ◽  
Full Spectrum ◽  
The Status ◽  
The Russian Federation ◽  
Criteria For Selection ◽  
Selection Of

Citizenship is an element of the constitutional status of a person, showing that a citizen has a full spectrum of rights and freedoms that are guaranteed by the Constitution and international legal acts. Thus procedures of considering issues of citizenship, namely, procedures of granting and termination of citizenship are of great significance. The aim of the article is to analyze the latest changes to the Russian Federal Law on citizenship and the status of foreign citizens in Russia, to formulate relevant conclusions and to forecast consequences of applying new rules. In particular, the procedure to facilitate the Ukrainian citizens to obtain Russian citizenship is discussed. The novelty, providing taking the oath by the person acquiring the citizenship of the Russian Federation positively assessed. The rules that expand and detailize the grounds for the cancellation of the decision on granting Russian citizenship are analyzed. In particular, the legislator’s approach to defining in the Russian Federal Law on Citizenship a list of terrorist crimes commission of which leads to the cancellation of the decision on granting Russian citizenship is discussed. This approach is not quite correct, since there are no criteria for selection of these acts. It is assumed that the legislator will be forced to add new crimes to this list. In general we see positive trends in the modernization of legislation on citizenship and legal status of foreign citizens in Russia. At the same time, the procedure for cancellation of the decision on granting the citizenship because of committing «terrorist crimes» should be adjusted.

scholarly journals Problems of legal regulation of the stage of exciting a criminal case

2021 ◽  
Vol 4 ◽  
pp. 116-120
Author(s):  
M.A. Mityukova ◽  
◽  
N.A. Shishkina ◽  
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Criminal Procedure ◽  
Legal Regulation ◽  
Criminal Case ◽  
Criminal Proceedings ◽  
Procedure Code ◽  
The Russian Federation

The lack of sufficient legal regulation of criminal procedural activity at the stage of initiating a criminal case causes the constant appeal of theorists and practitioners to the study of this stage. At the same time, the legislator has not yet made the necessary changes to the Code of Criminal Procedure of the Russian Federation. This study analyzes the methods of verifying reports of a crime, in particular, the problems of proper process fixing of received objects and documents when using such methods of collecting evidence as reclamation and presentation. Based on the analysis of theoretical provisions and investigative practice, problems are posed and conclusions are drawn about the need to fix the possibility of seizure in the Criminal Procedure Code of the Russian Federation when checking a crime report. The issues of the legal status of participants in the stage of initiating a criminal case at the stage of receiving and registering reports of a crime, during the production of investigative actions are also studied. Conclusions are drawn about the need to make changes to the Code of Criminal Procedure of the Russian Federation aimed at consolidating the legal status of the applicant, the victim, eyewitnesses and other participants in criminal proceedings.

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