scholarly journals Pre-trial agreement on cooperation in a criminal case: on some common problems and the role of the prosecutor in their solution

2021 ◽  
Vol 27 (3) ◽  
pp. 244-248
Author(s):  
Fedor Mikhailovich Kobzarev
Keyword(s):  
Russian Federation ◽  
Criminal Procedure ◽  
Legal Regulation ◽  
Change Implementation ◽  
Criminal Case ◽  
Criminal Cases ◽  
Scientific Methods ◽  
Criminal Procedure Law ◽  
General Scientific ◽  
The Russian Federation

The article deals in a generalised form with the problems associated with the conclusion, change, implementation and termination of the agreement on cooperation in criminal cases. Based on the results of the analysis of these problems and publications on these issues, various options for their solution are proposed. At the same time, the main attention is paid to the role and importance in the implementation of the norms of this institution of the prosecutor, the insufficiency of its powers to improve the effectiveness of the application of the pre-trial agreement. The author sets the task to form a set of proposals to improve the legal regulation of the procedure for the prosecutor's actions, its participation in proving compliance with the conditions and fulfillment of obligations by the suspect, accused under the pre-trial agreement, in proving the guilt of accomplices in a crime committed by a person in respect of whom the criminal case is allocated in a separate proceeding in connection with the conclusion of a pre-trial agreement. The study used general scientific methods (analysis, deduction) and private scientific methods (formal-logical, comparative law, etc.). As conclusions, it is proposed to make a number of additions to the criminal procedure law, including Part 2 of Article 74 of the Code of Criminal Procedure of the Russian Federation and introduce a new norm – Article 79.1 of the Code of Criminal Procedure of the Russian Federation, as well as to take certain organisational measures.

scholarly journals On jurisdiction in case of extradition of a foreign citizen by the Russian Federation: the problems of theory and law enforcement practice

2021 ◽  
pp. 27-35
Author(s):  
Alexander Fedyunin
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Procedure ◽  
Scientific Methods ◽  
Scientific Analysis ◽  
Criminal Procedure Law ◽  
General Scientific ◽  
The Russian Federation ◽  
Specific Regulation

The subject of this research is the issues emerging in consideration of jurisdiction of the material on extradition of a foreign citizen by the Russian Federation. The article touches upon the peculiarities of national and territorial aspect of jurisdiction, and its specific regulation in the criminal procedure law. The article employs the general scientific and private scientific methods, such as scientific analysis, generalization, comparative-legal, formal-logical, which allowed to most fully reflect the essence and problematic aspects of the selected topic. The question at hand is of major importance for the theory of criminal procedure and law enforcement practice, as the mistakes in determination of jurisdiction of the material are a severe violation of the rights, including the convict, and entail the unconditional annulment of court decision. The analysis of the most common mistakes occurred in application of the norms regulating the jurisdiction of extradition of a foreign citizen convicted by the court of the Russian Federation, as well as theoretical issues associated with determination of the court that deals with the particular issue allows outlining the vector and finding solution to the indicated problems.

scholarly journals Plea for justice when returning criminal cases to prosecutor by cassation court

2021 ◽  
Vol 108 ◽  
pp. 04001
Author(s):  
Olga Vyacheslavovna Yevstigneyeva
Keyword(s):  
Russian Federation ◽  
Criminal Procedure ◽  
Research Purpose ◽  
Criminal Case ◽  
Criminal Cases ◽  
Procedure Code ◽  
Principle Of Justice ◽  
Analysis And Synthesis ◽  
Criminal Procedure Law ◽  
The Russian Federation

Pre-requisites of the research are the establishment of cassation courts of general jurisdiction in Russia, as well as no clear procedure in the Russian Federation Criminal Procedure Code for returning criminal cases to the prosecutor by the cassation court upon the grounds causing the impaired position of the convict (or acquitted person). The research purpose is to formulate requirements based on the principle of justice to the legal institute of returning criminal cases to the prosecutor by the cassation court for circumstances showing the need to impair the position of the convict (or acquitted person). The Methods are abstraction, analysis and synthesis, induction and deduction, modeling, ascending from abstract to concrete. The article substantiates that the grounds to return a criminal case to the prosecutor provided for in the Russian Federation Criminal Procedure Code causing remission of a sentence under a cassation procedure represent a type of material breaches of criminal procedure law that affect the outcome of the case. When such circumstances cause an impaired position of the convict (or acquitted person), they must comply with the requirements of justice.

scholarly journals REQUEST FOR INFORMATION ON CONNECTIONS BETWEEN SUBSCRIBERS AND (OR) SUBSCRIBER DEVICES

2019 ◽  
Vol 29 (6) ◽  
pp. 801-805
Author(s):  
E.A. Bagavieva
Keyword(s):  
Russian Federation ◽  
Criminal Procedure ◽  
Legal Regulation ◽  
Criminal Cases ◽  
Telecommunication Systems ◽  
The Russian Federation ◽  
Almost All

The investigative action is a request for information about the connections between subscribers and / or subscriber devices, provided for by Article 186.1 of the Code of Criminal Procedure of the Russian Federation, it is in demand in connection with the development of telecommunication systems and has been successfully applied in almost all categories of criminal cases. The author has analyzed the requirements for such a criminal procedure decision as the decision of the investigator (interrogator) to initiate before the court a motion to obtain information about connections between subscribers and (or) subscriber devices. Errors made by investigators (interrogators) in the preparation of this decision are indicated. The article discusses the procedure for obtaining a permission to conduct this investigative action, reveals the shortcomings of the legal regulation of obtaining information about connections between subscribers and (or) subscriber devices.

scholarly journals Problems of Implementing the Criminal Procedure Policy in Crime Prevention

2021 ◽  
Vol 15 (3) ◽  
pp. 401-408
Author(s):  
Igor Antonov ◽  
Igor Alekseev
Keyword(s):  
Crime Prevention ◽  
Russian Federation ◽  
Criminal Law ◽  
Criminal Procedure ◽  
Criminal Code ◽  
Criminal Case ◽  
Social Conflicts ◽  
Criminal Procedure Law ◽  
The Russian Federation ◽  
Theory Of Law

The authors use a communicative approach to the theory of law in their analysis of criminal procedure policy and its role in crime prevention. This approach allowed them to determine the content of criminal procedure work that lies outside the scope of criminal law. This content is its ability to regulate social conflicts of criminal law character. Within this framework, the criminal procedure is viewed as a platform for resolving social conflicts, the sides use it to resolve a conflict between them in socially acceptable ways in the process of communication. The involvement of the aggrieved party in the process of communication in connection with the crime intensifies the correctional impact of the criminal process and its significance for crime prevention. The authors suggest using simplified measures of criminal procedure law for reforming this process and basing it on the procedure of terminating a criminal case with the imposition of a court fine as a measure of criminal law influence. They suggest using the same approach when terminating a criminal case due to the reconciliation of the sides, with one exception: during the reconciliation of the sides, only grounds provided for in Art. 76 of the Criminal Code of the Russian Federation should be proven. If they are established, the investigator is obliged to petition to the court and the court, having established their validity, should decide to terminate the criminal case.

scholarly journals FEATURES OF THE IMPLEMENTATION OF THE PRINCIPLE OF PRESUMPTION OF INNOCENCE IN CRIMINAL PROCEEDINGS OF PRIVATE PROSECUTION

2020 ◽  
Vol 30 (6) ◽  
pp. 875-880
Author(s):  
E.F. Tensina
Keyword(s):  
Russian Federation ◽  
Criminal Procedure ◽  
Criminal Case ◽  
Presumption Of Innocence ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Procedure Code ◽  
Special Procedure ◽  
The Russian Federation ◽  
Procedural Rights

The article reveals the nature of the claim of a private prosecution, which establishes the freedom to dispose of material and procedural rights. The forms of manifestation of dispositive principles in the material and procedural aspects in the course of criminal proceedings are determined. Taking into account the nature of the claim of a private prosecution, various models of proceedings in criminal cases of a private prosecution and the peculiarities of the implementation of the provisions of the criminal procedure principle of the presumption of innocence are considered. The author critically assesses the legal constructions that allow the application of a special procedure for making a court decision in criminal proceedings of a private prosecution if the accused agrees with the charge brought. In particular, taking into account the provisions of the principle of the presumption of innocence, it is concluded that it is inadmissible to apply Chapter 40 of the Criminal Procedure Code of the Russian Federation when considering a criminal case of a private prosecution if it is initiated by filing an application directly with a magistrate in the manner prescribed by Art. 318 of the Code of Criminal Procedure of the Russian Federation or when investigating a criminal case of this category in the form of an abbreviated inquiry, regulated by Ch. 32.1 of the Criminal Procedure Code of the Russian Federation.

scholarly journals The Stage of Assessing the Validity of the Complaint (Presentation) in Continuous Cassation

2020 ◽  
pp. 66-70
Author(s):  
Mikhail S. Spiridonov ◽  
Keyword(s):  
International Law ◽  
Criminal Law ◽  
Criminal Procedure ◽  
Legal Regulation ◽  
Criminal Cases ◽  
Legal Method ◽  
Criminal Procedure Law ◽  
The Russian Federation ◽  
Legislative Changes ◽  
And Shifts

With the introduction of continuous cassation in criminal cases on 01 October 2019, the content of the verification of the validity of the cassation complaint and presentation has changed. The science of criminal procedure has been faced with a new problem: to assess the effectiveness of legal regulation, in which the validity of the cassation complaint or presentation is verified directly at the hearing, not at the preliminary stage. The object of this research is criminal procedural relations that develop in the implementation of the norms of criminal procedure law that regulate cassation proceedings in criminal procedure. The research focuses on the norms of the constitutional and criminal procedure law of the Russian Federation, domestic and foreign legislation, generally recognized principles and norms of international law governing cassation proceedings, provisions of the science of criminal law and criminal procedure. The aim of the research is to reveal the essence of the introduced legislative changes concerning the stage of verification of the validity of the cassation complaint or presentation, to develop proposals for improving the legislation. The methods of analysis, synthesis and comparison were applied to determine the procedure for the verification of the validity of the cassation complaint or presentation by the court of the cassation instance. The comparative legal method was employed to study foreign forms of cassation proceedings. The formal legal method was used to analyze the content of the texts of normative legal acts regulating cassation proceedings. The research resulted in the following conclusions. The lack of a stage for assessing the validity of the cassation complaint (presentation) and the grounds for its transfer to the cassation court excessively strengthens the revision principle and shifts the balance towards the task of identifying and eliminating violations of the requirements for the final court decision. The solution to this problem is possible through the introduction of written cassation proceedings carried out by a panel of three judges, which will consider the issue of admissibility and validity of the complaint (presentation).

scholarly journals To the admissibility of the civil law exemption of property from arrest, imposed in the criminal proceedings: domestic and foreign experience

2017 ◽  
Vol 1 (3) ◽  
pp. 190-200
Author(s):  
Natalia Kashtanova
Keyword(s):  
Russian Federation ◽  
Criminal Procedure ◽  
Legal Regulation ◽  
Civil Procedure ◽  
Criminal Case ◽  
Criminal Proceedings ◽  
Procedure Code ◽  
Civil Proceedings ◽  
The Russian Federation ◽  
Judicial Protection

The subject of paper deals with the legal nature of measures of criminal procedural compulsionin the form of seizure of property.Methodological basis of the article is based on general scientific dialectical methods of cognitionof objective reality of the legal processes and phenomena that allowed us to conduct anobjective assessment of the state of legislation and law enforcement practice in the proceduralaspects of the cancellation of the seizure of property in criminal proceedings of Russia.The results and scope of it’s application. It is submitted that the cancellation of the seizureof the property (or the individual limit) is allowed only on the grounds and in the mannerprescribed by the criminal procedure law of the Russian Federation. However, the studyfound serious contradictions in the application of the relevant law. In particular, cases inwhich the question of exemption of property from arrest (exclusion from the inventory),imposed in the criminal case was resolved in a civil procedure that, in the opinion of theauthor of the publication, is extremely unacceptable.On the stated issues topics analyzes opinions of scientists who say that the dispute aboutthe release of impounded property may be allowed in civil proceedings, including pendingresolution of the criminal case on the merits. The author strongly disagrees with this positionand supports those experts who argue that the filing of a claim for exemption of propertyfrom arrest (exclusion from the inventory) the reviewed judicial act of imposing of arrestwithout recognition per se invalid. In this regard, the author cites the legal position ofthe constitutional Court of the Russian Federation, from which clearly follows that of theright of everyone to judicial protection does not imply the possibility of choice of the citizenat its discretion, techniques and procedures of judicial protection, since the features of suchjudicial protection is defined in specific Federal laws.The author analyzes and appreciates Kazakhstan's experience of legal regulation of the permissibilityof filing a civil claim for exemption of property from seizure imposed in criminalproceedings. The author notes that the new civil procedural legislation of the Republic ofKazakhstan, which came into force from 01 January 2016, clearly captures that considerationin the civil proceedings are not subject to claims for exemption of property from seizureby the criminal prosecution body.Conclusions. Necessity of amendment to article 422 of the Civil Procedure Code of Russia:this article should not apply to cases of application of measures of criminal procedural compulsionin the form of seizure of property. Among other things, the author proposed additionsto part 9 of article 115 of the Criminal Procedure Code of Russia.

scholarly journals THE CONCEPT OF CONSTRUCTION AND DEVELOPMENT OF THE HARDWARE-SOFTWARE COMPLEX «SAFE CITY»: THE RESULTS OF IMPLEMENTATION, ORGANIZATIONAL AND LEGAL PROBLEMS AND OUTSTANDING ISSUES

2019 ◽  
pp. 69-77
Author(s):  
A. S. EVDOKIMOV
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
Industrial Complex ◽  
Human Environment ◽  
Scientific Methods ◽  
Software Complex ◽  
Methodical Basis ◽  
General Scientific ◽  
The Russian Federation ◽  
Is Integration

The article considers topical issues related to the implementation of the Concept of Construction and Development of Hardware-Software Complex «Safe City», approved by RF Government of December 3, 2014, № 2446-р, the main purpose of which is integration of information-analytical systems of public safety and security of the human environment into a single information space (monitoring, forecasting, alerts). The article investigates the process of implementation of the Concept, the organizational problems, highlights the insufficiency of legal regulation and methodical support of the issues of creation and development of agro-industrial complex «Safe city». In the process of research, general scientific and private scientific methods of cognition were applied: analytical, logical, structural-functional, comparative legal. The main conclusion, drawn on the basis of the results of the study, is that in order to optimize the activities concerning creation and development of AIC «Safe City» in the territory of the Russian Federation it is required to introduce significant adjustments to the Russian legislation, to develop sufficient organizational and methodical basis, to develop mechanisms for creating a complex on the example of a pilot constituent entity of the Russian Federation . The main contribution made by the author in this article is the conclusion about the need to develop legislation in the field of complex security, formulated theoretical and applied proposals for carrying out organizational and legal measures in the field of development of AIC «Safe City». The results of the study can be applied by authorized legislative and executive bodies in their practical activities.

scholarly journals The failure by the court to take measures to return the criminal case to the prosecutor in accordance with art. 237 of the code of criminal procedure of the Russian federation as an unconditional basis for canceling the sentence

2020 ◽  
pp. 237-244
Author(s):  
E. A. Perova
Keyword(s):  
Russian Federation ◽  
Unconditional Basis ◽  
Criminal Procedure ◽  
Criminal Case ◽  
Procedure Code ◽  
Criminal Procedure Law ◽  
The Russian Federation

Part 2 of Article 389.17 of the Criminal Procedure Code of the Russian Federation establishes a list of unconditionally significant violations of the norms of the criminal procedure law, the identification of which in a case entails the cancellation or change of the sentence in every case without exception. The range of these violations was determined by the legislator during the development of the Code of Criminal Procedure of the Russian Federation in 2001, and has not changed since then. However, the rules, violation of which can affect the quality of the sentence and lead to its cancellation in each case, have changed more than once. Including the norms governing the institution of returning the case to the prosecutor in accordance with Art. 237 of the Code of Criminal Procedure of the Russian Federation and determining the significance of this institution for the issuance of a legal, reasonable and fair sentence. In this regard, this article discusses the feasibility of expanding the list of unconditional grounds for canceling a sentence by including a violation associated with the failure of the court to take measures to return the criminal case to the prosecutor in accordance with Art. 237 of the Criminal Procedure Code of the Russian Federation, if there are grounds for that.

scholarly journals Legal Basis for Remote Sale of Medicines in the Russian Federation

2021 ◽  
Vol 2 (4) ◽  
pp. 98-113
Author(s):  
Alexander Kornienko ◽  
Nadezhda Neretina
Keyword(s):  
Russian Federation ◽  
Legal Framework ◽  
Legal Regulation ◽  
Telecommunication Services ◽  
Scientific Methods ◽  
Current Trends ◽  
General Scientific ◽  
The Russian Federation ◽  
The Moment ◽  
Almost All

The topic of the article is very relevant, first of all, due to the fact that today the development of the information and telecommunication services market involves almost all areas of people’s life in the field of e-commerce. Until April 2020, it was not possible to purchase a medicinal product online on the territory of the Russian Federation due to the lack of a regulatory legal framework regulating such a mechanism. However, at the moment, the relevant legislation has entered into force, regulating in detail the sale of medicines in a remote format. Taking into account the presented circumstances, it seems to us that the issue of studying new legislative acts in the field of remote sale of medicines on the territory of the Russian Federation is largely being updated. The subject of the article is the mechanism of legal regulation of remote sale of medicines in Russia. The purpose of the study is to identify the problems of legal regulation of the process of remote sale of medicines in the Russian Federation at the present stage. This research is based on a combination of groups of classical general scientific methods (induction, deduction, analysis, synthesis) and a number of special methods of scientific cognition applied directly within the framework of legal science (formal legal, comparative legal and others). Within the framework of the presented article, the authors carried out a conceptual analysis of the features of the legal regulation of the sale of medicines using remote technologies, taking into account the latest changes in legislation. The specifics of remote trade in prescription and over-the-counter drugs, as well as the peculiarities of labeling of medicines on the territory of the Russian Federation, are analyzed. As a result of a comprehensive study of current trends in regulatory regulation and justification of possible methods for improving the systems for issuing electronic prescriptions, as well as mandatory labeling of medicines, a conclusion is made about the possibility of further development of remote trade in medicines in the Russian Federation.

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