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.

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.

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.

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.

scholarly journals TAKING INTO CUSTODY IN THE CRIMINAL PROCESS OF THE REPUBLIC OF BELARUS: IMPROVING REGULATIONS AND ISSUES OF PROOF (COMPARATIVE LEGAL ANALYSIS)

2020 ◽  
Vol 73 (4) ◽  
pp. 156-162
Author(s):  
Andriy Samko ◽  
◽  
Dmуtrо Pilipenko ◽  
Keyword(s):  
Civil Rights ◽  
International Law ◽  
Preventive Measure ◽  
Legal Analysis ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
Theoretical Concepts ◽  
The Republic ◽  
The Right ◽  
Practical Feasibility

The article analyzes the peculiarities of applying a measure of procedural coercion in the form of detention in the criminal procedural legislation of the Republic of Belarus, as well as in the criminal process of Ukraine and the Republic of Kazakhstan. The positions of scientists in the field of criminal procedure, who conducted research on this issue, are analyzed. The key positions of the proceduralists regarding the basic regulatory aspects of the application of a preventive measure in the form of detention are considered. Attention is focused on the fundamental provisions of the functioning of the system of procedural compulsion and the application of a preventive measure in the form of detention in custody in particular. The analysis of the positions of the legislators of the Republic of Belarus, the Republic of Kazakhstan and Ukraine regarding the issue of normative regulation of the procedure for applying a measure of procedural coercion in the form of detention is carried out. The authors of the article emphasize the key aspect of the preventive measure in the form of detention in the form of its extraordinary impact on the observance of human and civil rights and freedoms in criminal proceedings. This circumstance is especially relevant in respect of the right of participants in criminal proceedings to freedom and personal inviolability. In this regard, theoretical concepts are considered and the content of international law on this issue is analyzed. The practical feasibility and normative possibility of using other, more humane methods of influencing suspects accused in criminal proceedings are analyzed. The article focuses on the normative procedure for the application of bail as an alternative procedural measure of isolating a person during detention in the legislation of the above states. The article analyzes the procedural features of the normative regulation of the use of pledge in the legislation of Ukraine and the Republic of Kazakhstan. The author's position on these issues, as well as proposals for optimizing the criminal procedural legislation of the Republic of Belarus regarding the regulation of the use of detention are formulated.

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.

scholarly journals SEPARATION OF POWERS BETWEEN PROSECUTOR AND THE HEAD OF THE INVESTIGATIVE BODY

2020 ◽  
Vol 24 (3) ◽  
pp. 760-779
Author(s):  
Nikita V. Babich
Keyword(s):  
Civil Rights ◽  
Legal Status ◽  
Separation Of Powers ◽  
Preliminary Investigation ◽  
Current Concept ◽  
Scientific Article ◽  
Criminal Proceedings ◽  
Individual Concepts ◽  
Systemic Problems

Problems related to the delimitation of powers between the prosecutor and the head of the investigating body, as well as ways to resolve them, are in the constant focus of attention of representatives of legal science. The concept and model of differentiation of powers between such participants in criminal proceedings that was introduced in 2007, has led to serious problems, which are expressed in: - decrease in the quality of prosecutorial supervision of the preliminary investigation body in order to protect human and civil rights and freedoms at the stage of preliminary investigation; - lack of procedural independence of the investigator, priority of interdepartmental control over prosecutorial supervision; - duplication of prosecutors supervision; - large accusatory bias of the court, prosecution and investigation body and others. The negative side of such problems is that the rights and freedoms of man and citizen are violated in the first place at all stages of criminal proceedings. In this regard, the properly organized delineation of powers and functions between the prosecutor and the head of the investigating body will be standard for ensuring the rule of law; it will contribute to the fight against crime and speedy preliminary investigation in order to create the court basis to reduce the cases of incorrect court decision. The purpose of the scientific article is to analyze the provisions of the current concept and models of separation of powers between the prosecutor and the head of the investigating body, identify the main systemic problems in this area and formulate proposals for their elimination. To achieve this goal, the scientific article explores the features and problems of individual concepts and models for their implementation in organizing activities of prosecution body and preliminary investigation bodies to delimit the powers between the prosecutor and the head of the investigating body. In a scientific article, the author came to the conclusion that reforming the current concept and model of separation of powers between the prosecutor and the head of the investigating body in order to eliminate significant problems is not possible without a reform. A return to previous concepts and models is also unacceptable due to historical experience of their application. The necessity of reforming the foundations of the entire law enforcement system of criminal justice body as a whole and reviewing the legal status of the prosecutor at all stages of criminal proceedings is noted.

Features of Compensation of Damage in Judicial Activity

10.12737/1208 ◽  
2013 ◽  
Vol 1 (11) ◽  
pp. 58-66
Author(s):  
Наталия Хромова ◽  
Nataliya Khromova
Keyword(s):  
Civil Rights ◽  
Court Decision ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
Civil Action

The questions of tort in the criminal process, the implementation of protection of subjective civil rights by declaring a civil claim in the criminal proceedings, as well as issues related to the application of civil action in a special manner the court decision with the consent of the accused with the accusation, and questions of its appeal.

scholarly journals Ideals and interests of participants in the digitalization of criminal proceedings

2020 ◽  
pp. 66-73
Author(s):  
V. I. Przhilenskiy ◽  
I. B. Przhilenskaya
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
Criminal Justice System ◽  
Justice System ◽  
Digital Technologies ◽  
Criminal Proceedings ◽  
Criminal Process

The interaction of individuals, structures and collectives in the course of digitalization of the criminal process is analyzed. The goals of various participants in the process of introducing digital technologies into criminal proceedings are considered. It is concluded that it is necessary to timely identify all the stakeholders of digitalization and other actors involved in this process, the thesis is substantiated that it is expedient to take into account and agree on strategies in order to give consistency, predictability and controllability to the digitalization process of the criminal procedural sphere of law enforcement. Thus, the readiness of the criminal justice system for the planned and actually ongoing digitalization is being tested.

scholarly journals APPLICATION OF SAFETY MEASURES TO PARTICIPANTS IN CRIMINAL PROCEEDINGS ON THE PART OF THE DEFENCE

2019 ◽  
Vol 29 (6) ◽  
pp. 823-829
Author(s):  
F.F. Zaripov
Keyword(s):  
Civil Rights ◽  
Russian Federation ◽  
Criminal Procedure ◽  
Separate Group ◽  
Criminal Proceedings ◽  
Safety Measures ◽  
Criminal Process ◽  
Criminal Procedure Law ◽  
The Russian Federation ◽  
Rights And Interests

The article formulates the problems of procedural regulation of ensuring the safety of participants in criminal proceedings on the part of the defense in the process of criminal proceedings. It is noted that despite the hasty division of the participants in the criminal process into groups in accordance with the procedural function performed by them, the need to separate the participants in criminal proceedings standing upon the interests of the defense into a separate group is not disputed. Attention is drawn to the fact that the principle of protecting the rights and freedoms of man and citizen in criminal proceedings does not fully regulate the adoption of appropriate measures to ensure the safety of participants in the criminal process for the realization of their rights and interests. The necessity of making amendments and additions to the Code of Criminal Procedure of the Russian Federation (as the main source of criminal procedure law), as well as a number of other legislative acts related to the protection of human and civil rights and freedoms and to ensuring the safety of participants in criminal proceedings in all areas, is substantiated.

PARTICIPATION OF AN INTERPRETER IN CRIMINAL PROCESS OF THE REPUBLIC OF UZBEKISTAN

2021 ◽  
Vol 6 (5) ◽  
pp. 97-103
Author(s):  
Nigora Abdurashitova ◽  
Keyword(s):  
Criminal Justice ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
Criminal Proceeding ◽  
Legal Assessment ◽  
Sufficient Knowledge ◽  
Court Proceedings ◽  
The Republic ◽  
The Right

The article examines the criminal procedural status of an interpreter as a guarantor of ensuring therights and freedoms of participants in criminal proceedings. It is known that in a multinational country, it is especially important to respect the right of a participant in a criminal proceeding to choose a language, to have a reliable and accurate translation of case materials. The author, through the analysis of legislative norms, tries to give a legal assessment to the translator, as a specialist, calledupon to clarify the provision of justice in pre-trial and court proceedings. According to the author, it is the competence of the translator in the criminal process, his knowledge of his rights and obligations, sufficient knowledge of special legal vocabulary that is the most important factor in achieving the goals set for criminal justice. The article contains proposals for improving the legalstatus of the translator

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