scholarly journals criminal proceedings, minor, suspect, accused, legal status, preventive measures, measures of restraint not related to isolation from society

2021 ◽  
Vol 2021 (4) ◽  
pp. 132-139
Author(s):  
Ol'ga Tuchina
Keyword(s):  
Legal Status ◽  
Preventive Measures ◽  
Optimal Solution ◽  
Legal Regulation ◽  
Criminal Proceedings ◽  
Legal Norms ◽  
Legitimate Interests ◽  
A Minor ◽  
The Impact ◽  
Juvenile Suspects

The relevance of the topic is determined by the importance of the rights, freedoms and legitimate interests of a minor who is a participant in criminal proceedings as a suspect or accused. It is generally recognized that the value of the legal system is determined, inter alia, by the legislator’s attention to these intangible benefits of minors, to the legal norms on the basis of which the protection of these persons in criminal proceedings is ensured. The purpose of the article is to identify the legal features and problems in the field of legal regulation of preventive measures chosen in Russia by underage suspects (accused), which do not contribute to isolation from society. Preventive measures that are not related to the isolation from societyof a juvenile prosecuted by justice become an object of the article. The problems identified in the designated area of legal regulation and the ways of their optimal solution corresponding to these problemsare considered as the subject of the article. The article reflects the issues of the concept, the legal nature (essence) of the measures of restraint chosen in relation to juvenile suspects (accused), not related to isolation and a system of such measures. It is noted that the Russian legislator, paying attention to the rights and legitimate interests of this category of persons, in standards regulating preventive measures, does not take into account the peculiarities of the legal status of a minor suspect and accused, the specifics of the application of preventive measures, as well as the aspects of the impact of isolation (not isolation) from society on psycho-physical condition of these persons.The novelty is defined by thesubstantiation that the humanistic principles of international law and Russian legislation should be reflected in preventive measures for minors with the priority of measures that prevent isolation from society, and, accordingly, from the family, where the formation of the moral aspects of the individual, traditions and universal values take place. As a result, the author proposes the author’s definition of the legal category “measures of restraint chosen by minors, not related to isolation from society”, reflects the legal peculiarities of preventive measures chosen against juvenile suspects or accused, substantiates the need to amend Art. 423 of the Criminal Procedure Code of the Russian Federation.

scholarly journals APPLICATION OF PREVENTIVE MEASURES AGAINST A MINOR SUSPECT OR ACCUSED DURING THE PRELIMINARY INVESTIGATION

2020 ◽  
Vol 30 (6) ◽  
pp. 869-874
Author(s):  
L.G. Tatyanina ◽  
S.Kh. Mukhametgalieva
Keyword(s):  
Preventive Measures ◽  
Preliminary Investigation ◽  
Optimal Solution ◽  
Preventive Measure ◽  
Legitimate Interests ◽  
A Minor ◽  
Juvenile Suspects

The article considers the grounds and conditions for making a decision on applying a preventive measure against a minor, and defines the grounds for choosing a specific preventive measure. The problems that arise in connection with the need to apply a preventive measure against a minor are highlighted. Conclusions are formulated on the settlement of problems that arise when solving questions about the application of a preventive measure against a minor suspect or accused, and the optimal solution is proposed. It is indicated that it is unacceptable to apply preventive measures in certain cases against juvenile suspects and accused persons in connection with the need to protect their rights and legitimate interests. The grounds and conditions for applying certain preventive measures against juvenile suspects accused during the preliminary investigation are determined, and the expediency of refusing to apply them is justified.

scholarly journals Testimonial immunity as an element of the principle of protection of the rights and freedoms of man and citizen in criminal proceedings

2019 ◽  
pp. 239-248
Author(s):  
M. Kharitonova
Keyword(s):  
Law Enforcement ◽  
Legal Status ◽  
Legal Regulation ◽  
Theory And Practice ◽  
Judicial Reform ◽  
Criminal Proceedings ◽  
Protection Of Human Rights ◽  
Legitimate Interests ◽  
The Individual ◽  
State Defense

In the conditions of formation of the rule of law, one of the biggest manifestations of the democratization of law enforcement activity in Ukraine is the legislative protection of human rights, the creation of guarantees of the rights and legitimate interests of the individual. In this regard, the legal status of participants in criminal proceedings becomes especially important. In addition, the important task of criminal procedural science is to identify and eliminate gaps in the legal regulation of criminal procedural relations. In this regard, studies are currently being conducted to identify legal issues in the field of law and recommendations are being prepared on this basis. It is known that every participant of criminal justice has its own legal status, enshrined in the rules of the Criminal Procedure Code of Ukraine. The procedural status of the victim, suspect, accused legislator and procedural scientist are given much attention, including the issues of securing their rights and legitimate interests. The procedural status of a witness in criminal proceedings requires, in our opinion, additional investigation, including through the prism of securing the rights and legitimate interests of the person in conducting pre-trial investigation and judicial proceedings in criminal proceedings. Research into the problems of the theory and practice of witness immunity is relevant, as various aspects of witness immunity are controversial among both theorists and practitioners. Of course, it is, first and foremost, important for witnesses to have additional opportunities for state defense. The purpose of the article is to address topical issues arising from the reform of criminal procedural legislation, which has created some difficulties in law enforcement practice, including the implementation of the rules governing the institution of immunity of witnesses. In particular, this is explained by contradictory, sometimes unsuccessfully formulated provisions of the legislation itself, which are not always consistent with the implementation of the tasks of judicial reform. In addition, the article raises the problem of witness immunity classification. The authors' different perspectives on the concepts and components of witness immunity are examined. Discussion questions of the classification of the immunity of witnesses are revealed and its classification is divided into categories and categories of testimony provided by witnesses. The result of the study is to provide valid proposals for improving the legal regulation of the institute of immunity of witnesses in criminal proceedings. Witness immunity is a set of rules that exempt certain groups of witnesses from the obligation to testify in criminal proceedings, as well as exempt a witness from testifying against themselves. In this regard, the immunity of the witness is divided into two types of imperative (absolute, unconditional) and dispositive (relative, conditional).

Criminal procedural and forensic issues in the context of legal regulation of legal assistance in criminal matters

2021 ◽  
Vol 7 (3C) ◽  
pp. 512-522
Author(s):  
Asgarova Matanat Pasha ◽  
Aliyev Bakhtiyar Abdurakhman oglu ◽  
Ahmetzade Nazreddin Murad oglu
Keyword(s):  
International Cooperation ◽  
Legal Regulation ◽  
Legal Assistance ◽  
Legal Analysis ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Legal Norms ◽  
Modern Times ◽  
Criminal Matters ◽  
The Impact

The article deals with the criminal procedure and criminalistics aspects of mutual legal assistance in criminal matters in the context of the legal regulation of the provision of such assistance by States. The article reveals the content of legal assistance in criminal cases as an important prerequisite to ensure the fight against crime in modern times, when crime transcends national borders. It is established that the observance of reasonable terms of rendering of legal assistance, stipulated by law, is one of the guarantees of efficiency of criminal proceedings. The comparative legal analysis of norms regulating such form of international cooperation in criminal proceedings as a request for legal assistance was performed; the legal norms determining the volume of legal assistance were studied; an opinion on the distinctions of this form of cooperation from other forms was given. The impact of forensic provision of legal assistance in criminal cases in terms of reliability and persuasiveness of evidence is evaluated.

scholarly journals Legal Peculiarities of Child Custody of Minor Parents with an Incomplete Parental Status

2020 ◽  
Vol 6 ◽  
pp. 22-25
Author(s):  
Ekaterina E. Lekanova ◽  
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Legal Protection ◽  
Legal Regulation ◽  
Minor Parent ◽  
The Family ◽  
The Russian Federation ◽  
A Minor ◽  
The Guardian ◽  
Family Code

Despite the existence of an article in modern Russian legislation on the legal status of minor parents, many legal issues related to the implementation and protection of the rights, duties, interests of a minor parent and his child remained outside family legal regulation, which exacerbates the already difficult problem of legal protection of early parenthood. Moreover, the provisions of Article 62 of the Family Code of the Russian Federation are very inharmoniously combined with the rules of guardianship of minors. The aim of the work is to analyze the legislation on the legal status of minor parents and guardians, to identify the legal characteristics of the care of a child of minor parents. The author concludes that the features of the care of a child of minor parents, in addition to the age of one or both parents, in the case of the appointment of a guardian include: a combination of parenthood and guardianship; unequal opportunities for the care of a child by a minor parent who is not able to independently provide care, and by the legal representative of the child of the minor parent; special (additional) grounds for terminating guardianship of a child of minor parents; the need for the guardian to live together not only with the child in care, but also with his parent. The norms of paragraph 2 of article 62 of the Family Code of the Russian Federation and paragraph 2 of article 29 of the Federal law «On Guardianship and Custodianship» should be adjusted. It is proposed to introduce special rules for the selection of the guardian of a child of a minor parent, which would properly ensure the right of the minor parent to live together with the child.

scholarly journals THE PLACE OF ADMINISTRATIVE LAW STANDARDS IN THE LEGAL SYSTEM PRINCIPLES OF INTERACTION OF JUDICIAL EXPERT INSTITUTIONS WITH LAW ENFORCEMENT AUTHORITIES

2020 ◽  
pp. 258-264
Author(s):  
А. О. Полянський
Keyword(s):  
Law Enforcement ◽  
Public Relations ◽  
Legal Status ◽  
Legal Regulation ◽  
Administrative Law ◽  
Legal Basis ◽  
Law Enforcement Agencies ◽  
Legal Principles ◽  
Forensic Institutions ◽  
The Impact

The relevance of the article is that the effectiveness and efficiency of interaction between forensic agencies and law enforcement agencies depends on many factors, one of which is a properly "constructed" system of legal acts. At the same time, the special nature of the interaction of these entities, the attraction of its content to the administrative and legal sphere, as well as the specifics of forensic institutions and law enforcement agencies in general necessitates a detailed review of legal principles in this area and determining the place of administrative and legal regulation. The purpose of the article is to establish a system of legal bases for the interaction of forensic institutions with law enforcement agencies, as well as to determine the place of administrative and legal regulation among them. It is established that the legal basis of interaction of forensic institutions with law enforcement agencies is a system of regulations and their provisions governing the legal status of forensic institutions and law enforcement agencies, as well as the content and procedure of interaction of these entities. It is proved that administrative-legal regulation is a type of branch of the general-legal category of legal regulation, which occurs with the help of administrative law and determines the impact of law on public relations of a special nature arising from the activities of public administration. That is, we are talking about the relationship of power and management influence that prevails in the work of public authorities, local governments and so on. This is a purposeful, comprehensive, streamlining impact of law on public relations in the sphere of government, which occurs through the rules of administrative law, which are part of the system of legal principles outlined above. It is emphasized that the legal basis for the interaction of forensic institutions and law enforcement agencies have an administrative and legal basis, which is expressed in a large number of rules of administrative law, enshrined in regulations of various legal force. This situation is due to the fact that the norms of this branch of law determine: the administrative and legal status of forensic institutions and law enforcement agencies; functions, powers and tasks assigned to law enforcement agencies and forensic institutions; mechanisms of interaction of forensic institutions and law enforcement agencies in performing their functions defined by law; organizational and practical goals of this interaction; etc.

Orgány vyšetřování protistátní trestné činnosti vojenských osob po roce 1948

2021 ◽  
Author(s):  
Stanislav Polnar
Keyword(s):  
World War Ii ◽  
Military Personnel ◽  
Legal Status ◽  
Legal Regulation ◽  
The Political ◽  
National Defense ◽  
World War ◽  
Criminal Proceedings ◽  
The Military ◽  
Military Units

Since the end of World War II, the investigation of anti-state delinquency of military personnel was realised by the military intelligence. It originated with Czechoslovak military units in the USSR and were influenced by Soviet security authorities. After 1945 and 1948 these bodies remained in the structure of the Ministry of National Defense, but from the beginning of the 1951 they moved to the structure of the Ministry of the Interior following the Soviet model. The legal status of these bodies was always unclear and did not correspond to the legal regulation. Another important article in the investigation of the political delinquency of soldiers was the military prosecutor’s office as part of the socialist-type prosecutor’s office, which was subjected to general trends in the regulation of criminal proceedings.

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.

scholarly journals SYNCHRONIZATION OF PROCEDURAL AND FINANCIAL (BANKING) FUSE OF THE IMMUNITY OF PROPERTY RIGHTS

2021 ◽  
Vol 2 (37) ◽  
pp. 503-509
Author(s):  
V. Kantsir ◽  
V. Kushpit ◽  
A. Palyukh ◽  
I. Tsylyuryk ◽  
I. Kantsir
Keyword(s):  
Property Rights ◽  
Social Reproduction ◽  
Legal Status ◽  
Legal Regulation ◽  
Jel Classification ◽  
Criminal Proceedings ◽  
Legal Context ◽  
The Status ◽  
The Right ◽  
Judicial Protection

Abstract. The article is devoted to analysis of the effectiveness of the main procedural legal and financial (banking) mechanisms designed to ensure the protection of property rights’ immunity. The legally regulated procedures of such protection are analyzed on platforms — both procedural and legal as well as financial and economic. There is no doubt that only in a state where the immunity of property is declared and guaranteed to the person can be provided the development of economic, intellectual, socially oriented activities. The effect of the principle of immunity of property rights is not absolute, but its restrictions are possible only on the grounds and in the manner prescribed by law. The topicality of the inviolability of property rights is due to the role of law as a platform for citizens’ property independence and their participation in the processes of social reproduction. The guarantee of property independence is the right of ownership of property and non-property rights, which is realized by giving a person the right to freely, unimpededly, and fully exercise the rights of the owner of personal property. The compliance of the inviolability of property rights during criminal proceedings is not properly ensured in the current CPC (The Criminal Procedure Code) of Ukraine; in particular, the movement of confiscated property is not regulated, which questions the novelty of inviolability. To improve the procedure for the protection of property rights, this is necessary to regulate at the legislative level the mechanism of protection and restoration of property rights of persons victimized by criminal offenses. The etymology of «inviolability» guarantees by law the protection of the status of the person from any encroachment. Inviolability in the economic and legal context is mainly understood as a person’s legal status, which is an unalterable guarantee against unauthorized restrictions by the state institutions — law enforcement, financial, court, and individuals and legal entities. An attempt is made to accumulate most of the latest achievements (both legislative, theoretically investigative and applied) on the issues of legal regulation of the studied financial and legal relations, based on which scientific views are substantiated, and proposals are developed to improve regulations in this area. The main vectors of economic and legal mechanisms for the protection of the inviolability of property rights, which would correlate with generally accepted European and world standards, have been identified. Keywords: the inviolability of property rights, property rights, principles of proceedings, judicial protection, seizure of property, financial guarantee, financial risks. JEL Classification G28; К14 Formulas: 0; fig.: 0; tabl.: 0; bibl.: 12.

scholarly journals The concept and structure of administrative-legal support of the state defense

2018 ◽  
pp. 20-29
Author(s):  
Volodymyr Pashynskyi
Keyword(s):  
Public Relations ◽  
Public Administration ◽  
Social Relations ◽  
Necessary Conditions ◽  
Legal Regulation ◽  
Administrative Law ◽  
The State ◽  
Legal Norms ◽  
Legitimate Interests ◽  
State Defense

The article deals with modern scientific approaches to the definition and understanding of the structure of administrative-legal support for state defense. The elements of the structure of the administrative-legal support of the state defense are explored. Under the administrative-legal support of the state should be understood as regulated by administrative-legal norms, the systemic activity of the subjects of defense, in the first place, the activities of the subjects of public administration, with regard to the administrative- legal regulation, implementation, protection of social relations in the sphere of defense, guaranteeing the rights and legitimate interests of all subjects of legal relations, aimed at creating the necessary conditions for the defense of the state in the event of armed aggression. At the same time, the structure of the administrative-legal support for the defense of the state will consist of the following elements: 1) the object of administrative-legal support of the state defense – social relations in the field of defense that penetrate practically all spheres of public life; 2) subjects of administrative-legal support for state defense – subjects of administrative legal relations are endowed with rights and duties in the field of defense; 3) norms of law (norms of administrative law) – administrative-legal norms which regulate public relations in the field of state defense; 4) administrative-legal relations in the field of state defense – legal relationships settled by administrative and legal regulations that arise, develop, and cease between the subjects of defense in the process of exercising powers in the field of state defense; 5) guarantees of administrative-legal support of state defense – conditions, means, methods, forms and methods by which the implementation of public relations in the field of state defense is provided. The administrative-legal support of the state defense will be carried out by authorized security entity within the limits of authority and administrative and legal means determined by the norms of administrative law.

scholarly journals PECULIARITIES OF PARTICIPATION OF SELF-EMPLOYED PERSONS IN SOCIAL DIALOGUE

2020 ◽  
pp. 414-421
Author(s):  
Т. Л. Жовнір
Keyword(s):  
Social Security ◽  
Legal Status ◽  
Legal Regulation ◽  
International Labor Organization ◽  
Holistic View ◽  
Social Dialogue ◽  
Social Risks ◽  
The Subject ◽  
Theoretical Category ◽  
The Impact

The relevance of the article is that the legal status of the subject of social security, regardless of whether it is a person who provides social security or receives such security, is a dynamic legal category. It is this feature that completes the final formation of a holistic view of this legal status. It reveals the property of legal status, which connects it with real legal relations allows to ensure continuous improvement of the rights and responsibilities of the subject of social security in view of changes in social reality, the emergence of new social risks in connection with the development and the introduction of new progressive ideas for the implementation of social security. It is the dynamism that allows us to consider the legal status of the subjects of social security law not only as an abstract theoretical category of social security law, but also a specific concept of legal practice. An important means for such development and improvement of the legal status of social security law subjects is the constant and systematic interaction of such subjects with each other and with the state as a guaranteeing subject of social security law in the form of social dialogue. The purpose of the article is to clarify the features of the legal regulation of the participation of self-employed persons in social dialogue. The article analyzes the understanding of the concept of social dialogue in accordance with the standards of the International Labor Organization and Ukrainian legislation, given the imperfection of the legal definition of the term in national law, and notes the impact of such wording on the legal status of self-employed persons. In the future, based on the disclosure of the legal regulation of social dialogue in Ukraine, the problems of participation of self-employed persons in social dialogue, their representativeness and the ability to protect their social rights in this form of public-private cooperation. In connection with the above, the desired and corresponding real state of legal regulation of the researched problems is determined.

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