scholarly journals The proportion between covert investigative actions and operative-search activities

2019 ◽  
Vol 2019 (3) ◽  
pp. 144-151
Author(s):  
Ардак Карл ◽  
Ardak Karl
Keyword(s):  
Law Enforcement ◽  
System Analysis ◽  
Main Tool ◽  
Legal Analysis ◽  
Search Activity ◽  
Criminal Cases ◽  
Criminal Process ◽  
Distinctive Features ◽  
Solution Methods ◽  
The Republic

The article deals with a study of the Institute of covert investigative actions, which effectively operates in the legal systems of a number of CIS member States. The author has conducted a comparative legal analysis of the covert investigative actions introduced in the code of Criminal procedure of the Republic of Kazakhstan, with operative investigative measures requiring its assessment. In this regard, the author highlights the essence, values, main identical and distinctive features of covert investigative actions and operative investigative measures, identifies problems of their practical application and offers the author’s opinion on the solution. Methods: The study is based on the fundamental dialectical methods, in particular, on the method of system analysis, as well as on the use of special legal methods, such as formal legal and comparative legal ones. Results: on the basis of a consistent comparison of the regulatory material and existing achievements in law enforcement, the most significant aspects that determine the place of the main tool of the operative-search activity – operative-search measures within and outside the criminal process are identified. It is stated that a reliable platform for a legal involvement and a wide use of forms and methods of operative investigative activity in the process of proving in criminal cases has been created and successfully applied in the criminal process of Kazakhstan.

scholarly journals Comparative Legal Analysis Of Issues Of Enforcement Of Rights Of Individuals In The Criminal Proceeding Of The Republic Of Uzbekistan And Republic Of Kazakhstan

2021 ◽  
Vol 03 (02) ◽  
pp. 105-110
Author(s):  
Dildora Bazarova ◽  
◽  
Kanat Utarov ◽  
Keyword(s):  
Comparative Analysis ◽  
Legal Analysis ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
Distinctive Features ◽  
Criminal Proceeding ◽  
Public Control ◽  
The Republic

The article provides a comparative analysis of the development of ensuring the rights of individuals in two post-Soviet republics; it also gives distinctive features and trends in the development of guarantees of rights in criminal proceedings. The issues of participation of prosecutors and lawyers in the criminal process, the role of public control over the criminal process are considered by the author.

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 Legal Analysis of the Mass Corruption Phenomenon of Board Members and Criminal Liability

2019 ◽  
Vol 5 (1) ◽  
pp. 83-92
Author(s):  
Jonasmer Simatupang
Keyword(s):  
Social Issues ◽  
Criminal Liability ◽  
Board Members ◽  
Legal Analysis ◽  
Criminal Cases ◽  
Economic Rights ◽  
The People ◽  
The Social ◽  
The World ◽  
The Republic

The Republic of Indonesia unitary state ia a legal state based on the constitution. In a country that adheres to democracy, the law become the supreme commander in a effort to eradicate criminal cases and included acts of corruption corruption crime in Indonesia is a social issues that has never been exhausted to be discussed, in the world of law, this has been included in  the category of extradionary crime because is not only harms the state, but the practice also violates the social and economic rights of the community a large so that eradication action must also be carried out with extradionary legal force. A pattern or phenomena of bulk corruption is recently revealed by the people’s deputy officials. Almost the world room of the representative of the people of good people at the local people until the center was ever searched and representative of the people were brought to committing corruption in a way of like a budget, received a bribe and so forth. The practice has occured in the area of North Sumatera and city Malang. Various of these cases made the reputation of the people’s institutions deterioting among the people. Through this writing by analizing and investigating more deeply technical and systematic practice of the board members in the distorting the budget.

scholarly journals Use of intelligence tools of operational and search activities in pre-trial investigation

2021 ◽  
Vol 10 (45) ◽  
pp. 105-112
Author(s):  
Oleh Tarasenko ◽  
Artem Shevchishen ◽  
Yurii Yermakov ◽  
Dmytro Mirkovets ◽  
Yaroslav Diakin
Keyword(s):  
Law Enforcement ◽  
System Analysis ◽  
Law Enforcement Officers ◽  
Theoretical Method ◽  
Legal Regulation ◽  
Criminal Proceedings ◽  
Search Activity ◽  
The Subject ◽  
Operational Activities ◽  
Legal Grounds

The purpose of the article is to determine the features and legal grounds for the use of tools of operational and search activities in the pre-trial investigation. Subject of research: The subject of research is covert investigative (search) actions and operational and search measures. Methodology: dialectical method, formal logic methods, logical and semantic method, system analysis method, theoretical method, normative and dogmatic method, legal modeling method. The results of the study: Distinguishing between investigation and search measures, we apply the following principle: if the object of operational activities is already known to law enforcement officers we are talking about search measures, if not – about investigation measures. Practical consequences: The possibility of legal regulation of the use of tools of operational and search activity at the stages of criminal proceedings is determined. Value / originality: It is concluded that the list of operational and search measures also includes those that have no analogues with the CISAs and therefore operational and search measures do not duplicate the CISAs, but perform the task of ensuring the possibility of fulfilling the investigator’s instructions to conduct the CISAs.

scholarly journals INSTITUTE OF COMPULSORY INSURANCE OF PROFESSIONAL LIABILITY OF LAWYERS IN THE RUSSIAN FEDERATION AND THE REPUBLIC OF KAZAKHSTAN: COMPARATIVE LEGAL ANALYSIS

2021 ◽  
pp. 47-50
Author(s):  
O.L. Kazantseva
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Legal Analysis ◽  
Professional Liability ◽  
Compulsory Insurance ◽  
The Russian Federation ◽  
The Republic

The article is devoted to the problems of introduction of the institute of compulsory insurance ofprofessional liability of lawyers in the Russian Federation and the Republic of Kazakhstan. The authoranalyzes the current legislation of the two states, in terms of mandatory insurance of professional liabilityof lawyers, identifies current problems in this area, justifies ways to solve them. The article has a certainscientific and practical value, since it analyzes the experience of the establishment of the institute ofcompulsory insurance of professional liability of lawyers in Russia and the Republic of Kazakhstan, whichwill improve the legislative and law enforcement practice of both states.

scholarly journals A COMPARATIVE LEGAL ANALYSIS OF CRIMINAL PROCEDURE LAWS OF RUSSIA AND THE REPUBLIC OF KAZAKHSTAN AIMED AT THE SEARCH FOR A WAY TO IMPROVE THE INSTITUTION OF SUSPICION

2020 ◽  
Vol 11 ◽  
pp. 68-72
Author(s):  
Olga S. Polikarpova ◽  
Keyword(s):  
Russian Federation ◽  
Criminal Procedure ◽  
Legal Analysis ◽  
Criminal Proceedings ◽  
Distinctive Features ◽  
Criminal Procedure Law ◽  
The Russian Federation ◽  
Russian Law ◽  
The Republic

The relevance of the article is due to the imperfection of the criminal procedure law of the Russian Federation in terms of the institution of suspicion. The author examines the distinctive features of the provisions of Russian law and the criminal procedure law of the Republic of Kazakhstan relating directly to the institution of suspicion and, in order to minimize permissible for criminal proceedings under Russian law, procedural violations, attention is drawn to the possibility of improving the reporting Institute by reforming criminal procedure law of the Russian Federation as a whole with a focus on the introduced in the criminal procedural legislation of the Republic of Kazakhstan the criminal procedural model.

scholarly journals Investigator’s covert-nature procedural activities

2021 ◽  
Vol 108 ◽  
pp. 04011
Author(s):  
Marina Sergeevna Kolosovich ◽  
Lyudmila Vladimirovna Popova ◽  
Anna Fedorovna Zotova ◽  
Maria Mikhailovna Bondar ◽  
Olga Sergeevna Shamshina
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Legal System ◽  
Preliminary Investigation ◽  
Criminal Procedure ◽  
Legal Analysis ◽  
Federal Law ◽  
Criminal Cases ◽  
Criminal Intelligence ◽  
The Russian Federation

Over the years, most of the Russian processualists denied the investigator’s right to engage in actions of covert nature and deemed it impossible to integrate the norms of criminal intelligence legislation in the Code of Criminal Procedure of the Russian Federation adopted on 18.12.2001 No. 174-FZ, rightly referring to the impossibility to vest a single duty-bearer engaged in a preliminary investigation with unprecedented powers. Meanwhile, the latest decades have been marked by active legislative activity in many countries, which in fact has turned covert criminal intelligence and surveillance into a procedural activity. These innovations became specific of a number of countries regardless of their legal system belonging to the Romano-Germanic or Anglo-Saxon legal system, testifying to more profound roots of the problem. The study is also relevant in terms of dissatisfaction, expressed by the Russian law-enforcement authorities, with the crime solvency rate and with the interaction of criminal intelligence detectives and internal affairs investigators. The goal of the study is to identify the procedural provisions governing the investigator’s covert-nature activities and related law enforcement problems. The methodological framework of the research comprises general and particular methods of scientific knowledge: dialectical, systemic, deductive, inductive; synthesis, analysis; comparative legal analysis, statistical and other methods. Results and novelty: it was concluded that the Code of Criminal Procedure provides for the regulation of the investigator’s confidential-nature activities inherent in covert criminal intelligence and surveillance and requiring more detailed elaboration, as concerns the issues of securing the rights of partakers of the said activity; the authors express doubt regarding the justification of the legislator’s differentiation of covert activities under criminal cases into covert investigative actions (Art. 185, 186, 186.1 of the Code of Criminal Procedure) and covert operational and investigative operations that are in fact identical to the former (Art. 6, Cl. 9-11 of the Russian Federation Federal Law No. 144-FZ as of 12.08.1995 “On criminal intelligence and surveillance”.

scholarly journals ABOUT COUNTERING THE FINANCING OF EXTREMISM AND TERRORISM (ON THE EXAMPLE OF THE REPUBLIC OF DAGESTAN)

2020 ◽  
Vol 35 (3) ◽  
pp. 121-127
Author(s):  
A. M. Abdulatipov ◽  
Keyword(s):  
Law Enforcement ◽  
Local Governments ◽  
Practical Importance ◽  
Criminal Cases ◽  
The Republic ◽  
Financing Of Terrorism

The article is devoted to the study of forms and methods of financing terrorism at the present time. This article describes the role of state authorities (including law enforcement) and local governments in countering the financing of terrorism and extremism. Based on the results of the study of analytical materials and criminal cases, the most effective measures in the mechanism for countering the financing of extremist and terrorist activities have been determined. The author notes that in order to effectively counter the financing of terrorism and extremism, the relevant state authorities need to rely not only on an understanding of traditional forms and methods of financing terrorism, but also on the results of tracking constantly developing and changing new risks. Based on the research the author made a number of conclusions and proposals of theoretical and practical importance

scholarly journals Problems of Protecting the Rights of a Private Prosecutor in Defamation Cases

2019 ◽  
Vol 13 (4) ◽  
pp. 651-660
Author(s):  
Natalya Artebyakina ◽  
Tatyana Makarova
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Local Governance ◽  
Criminal Code ◽  
Legal Analysis ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
False Information ◽  
Justices Of The Peace ◽  
The Russian Federation

The growing complexity of public relations creates a need for the criminalization of some acts and de-criminalization of others. Defamation is one of the offenses affected by this trend. Some time after its de-criminalization, the crime of defamation was brought back to the Criminal Code of the Russian Federation. However, there is no actual legal mechanism in Russia that victims of defamation could use to fully protect their rights. The authors point out a trend for acquittals in criminal proceedings initiated after the complaints of private prosecutors when they concern deliberately false information that besmirches the honor and dignity of other people and harms their reputation, when these complaints are filed with the governmental, including the law enforcement, authorities. They present their research of court statistical data regarding cases heard by Justices of the Peace under Part 1, Art. 128.1 of the Criminal Code of the Russian Federation between 2014 and the first half of 2018. The authors have analyzed the practices of Justices of the Peace in Ulyanovsk Region on criminal cases initiated under Part 1, Art. 128.1 of the Criminal Code of the Russian Federation. They use the examples of specific criminal cases to prove that judges use clauses of Art. 33 of the Constitution of the Russian Federation and Art. 6 of the Federal Law «On the Procedure of Handling Applications of Citizens of the Russian Federation» when deciding cases based on Part 1, Art. 128.1 of the Criminal Code of the Russian Federation and protect the right of citizens to appeal to the governmental (including law enforcement) authorities; they point out that an appeal to governmental or local governance cannot be viewed as spreading deliberately false information. In this case, private prosecutors have no opportunity to protect their rights even if it is proven that the information is deliberately false, and they also have to bear additional expenses connected with the recovery of procedural costs. Besides, the research includes a comparative legal analysis of legislation on defamation in a number of foreign countries (the USA, China, the UAE and others) as well as the historical-legal analysis of the development of Russian legislation on liability for defamation.

scholarly journals Concept and structure of the special forces of operative-search activity

2019 ◽  
Vol 73 (2) ◽  
pp. 69-74
Author(s):  
В. М. Давидюк
Keyword(s):  
Law Enforcement ◽  
International Experience ◽  
Structural Elements ◽  
Search Activity ◽  
Law Enforcement Agencies ◽  
Special Forces ◽  
Criminal Process ◽  
Separate Category ◽  
The Law ◽  
Definition Of

Some essential aspects of the concept of “special forces of operative and search activity” have been revealed, as well as their structural elements have been outlined. Information to clarify the content of the concept of “special forces of operative and search activity” and its certain components has been systematized. The author has studied the interpretation of the relevant components of this term in the literature, as well as taking into account the practical aspects of the organization of operative and search activities. The relevant international experience has been analyzed. Attention has been paid to the fact that only those persons, who cooperate with law enforcement agencies on a confidential basis are logically treated as special forces of operative and search activity. Some aspects of the application of special forces of operative and search activity have been revealed. Emphasis has been placed on ensuring secrecy and confidentiality in the use of special forces of operative and search activity. It has been emphasized that in case of the fulfillment of the tasks of operative and search activity such forces get a special attitude from the law enforcement agencies. The author has attempted to classify such forces, and has defined the attributes relevant to them. Based on the research, the definition of special forces of operative and search activity has been provided – it is a separate category of forces of operative and search activity, which does not belong to the subjects of operative and search activity, but indirectly and on a confidential basis promotes the fulfillment of tasks of operative and search activity and criminal process. The author has substantiated that disclosing party and anonymous author, who provide information on a confidential basis, belong to special forces of operative and search activity.

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