Grounds for the Appointment of Expertise in Cases of Crimes Related to Violation of Labor Protection and Safety Regulations

2020 ◽  
pp. 58-64
Author(s):  
V. V. Borodin ◽  
A. R. Sirakanyan
Keyword(s):  
Specific Production ◽  
Labor Protection ◽  
Criminal Cases ◽  
Legal Norms ◽  
Safety Regulations ◽  
Production Processes ◽  
Safety Rules

The study focuses on the procedure for appointing and conducting expert research in cases of crimes related to violations of labor protection and safety rules. The author out lines the range of research tasks in this area, lists the types of expertise that are widely used in this category of criminal cases. Based on the analysis of legal norms regulating the procedure for the appointment and conduct of forensic examinations, the author comes to the conclusion that the procedural legislation contains a significant number of General approaches to the appointment and conduct of expertise (including in the field of investigation of crimes related to violations of labor protection and safety rules). The specificity of expert research on this category of criminal cases is that in the framework of establishing the actual circumstances of the incident, it is often necessary to conduct several examinations (complex expert studies), taking into account the specifics of specific production processes at the enterprise.

scholarly journals DOCUMENT MANAGEMENT AND ITS ROLE IN THE INVESTIGATION INTO VIOLATIONS OF HAZARDOUS WORKS SAFETY REGULATIONS

2016 ◽  
Vol 15 ◽  
pp. 132-137
Author(s):  
K. A. Spasenko
Keyword(s):  
Document Management ◽  
Complete Picture ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Safety Regulations ◽  
Organizational Activity ◽  
Or Organization ◽  
Summary Data ◽  
Safety Rules

Using the summary data in criminal cases (materials of criminal proceedings) the article studies peculiarities of document management and its role in the investigation into violations of hazardous works safety regulations. The peculiarities of economic and organizational activity of any enterprise, institution or organization regardless of the form of ownership are present in the relevant management documents reflecting the course and results of their activity. At the same time the performance of hazardous works must be recorded following a special document management order comprising the relevant contracts, orders, instructions, accompanying documents, and while studying these document the investigator forms a complete picture of a safety rules violation that took place. In addition to the regular documents at the enterprise where safety rules violation took place, it is also very important to study the documents and records of the investigation into the incident (accident) that was performed by the enterprise itself. Taking into account the considerable amount of documents to be studied the article suggests their consolidation with regard to stages in the performance of works.

scholarly journals ENGAGEMENT OF EXPERTS AND SCHEDULING FORENSIC EXAMINATION UNDER INVESTIGATION SAFETY RULES VIOLATIONS WHEN PERFORMING WORKS WITH HEIGHTENED DANGER

2016 ◽  
Vol 16 ◽  
pp. 118-126
Author(s):  
К. О. Spasenko
Keyword(s):  
Labor Protection ◽  
Negative Consequences ◽  
Forensic Examination ◽  
Technical Examination ◽  
Forensic Engineering ◽  
Special Knowledge ◽  
Technical Construction ◽  
Safety Rules

The peculiarities of the use of special knowledge in the process of investigation of the specified category of crimes are considered, they consists in narrow directed specifics of violations of safety rules during execution of works with in-creased danger. A range of issues to be clarified during carrying out certain examination is outlined. Their variability is noted depending on the work performed, the type of negative consequences and other elements of the criminalistic characteristics of crime. Scheduling forensic medical and forensic engineering-technical examination on labor protection, mining-technical, construction-technical and technical examination of documents in the aspect of the raised problematics is examined.

scholarly journals Features of production of separate investigative actions with participation of categories of persons concerning which the special procedure of production on criminal cases is applied

2020 ◽  
pp. 211-216
Author(s):  
Roman Pozdyshev
Keyword(s):  
Law Enforcement ◽  
Social Relations ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Legal Norms ◽  
Special Procedure

The article analyzes the problems associated with the production of investigative actions against special subjects of criminal proceedings. Legal norms, as well as law enforcement acts regulating the studied social relations are considered.

MEDICAL CRIMINAL LAW IN RUSSIAN FEDERATION: PROBLEMS AND PROSPECTS FOR DEVELOPMENT

2020 ◽  
Vol 13 (6) ◽  
pp. 93-97
Author(s):  
ANNA SEREBRENNIKOVA ◽  
Keyword(s):  
Public Relations ◽  
Criminal Law ◽  
Medical Services ◽  
Educational Institutions ◽  
Criminal Cases ◽  
Related Services ◽  
Legal Norms ◽  
Judicial Practice ◽  
Current State ◽  
Scientific Substantiation

The current state of medical services has long become one of the most important issues of understanding what exactly should serve as a template for their required quality, and why, the role and responsibility of a medical worker are not always considered as the main factors in resolving a situation when the life and health of a patient were exposed to unjustified danger. The article is devoted to the author's new approach to the criminal law regulation of public relations in the field of medical services. Purpose of the article: The author aims to present a scientific approach and scientific substantiation of the possibility of the emergence in the future of a new sub-branch of criminal law - medical criminal law. Methodology and methods: the article uses methods of analysis, synthesis, deduction, as well as the method of interpretation of legal norms, which make it possible to better comprehend the institutions of criminal law and highlight a new branch of law Conclusions: the problem of the presence of imperfections in the current legislation is relevant to study, as evidenced by judicial practice in criminal cases, discussions and works of legal scholars. The author, citing examples from practice, draws attention to the density of the relationship between the sphere of medical services and other related services, and also draws parallels between the grounds that can and should cause the emergence of the considered branch of law. Application of the results: The article is intended for the widest range of readers, including undergraduate and graduate students of higher educational institutions, who study the problems and imperfections of the current criminal law. The material can be used as a guide for the preparation of practical and seminars.

To Serve and to Protect: Food Trucks and Food Safety in a Transforming Los Angeles

2017 ◽  
Author(s):  
Mark Vallianatos
Keyword(s):  
Food Safety ◽  
Los Angeles ◽  
Social Norms ◽  
Public Space ◽  
Food Trucks ◽  
The Public ◽  
Safety Regulations ◽  
Food Safety Regulations ◽  
Safety Rules

This chapter explores the evolution of food trucks and food safety regulations for these vehicles in the Los Angeles region between WW2 and the present. It shows how food trucks have reacted to and influenced the region’s industrialization and deindustrialization, and how food trucks became more informal and public as immigration made Los Angeles a majority non-white metropolis. In considering how food safety changed as operators began cooking on board trucks, the chapter examines how safety rules can both protect the public and reflect social norms of legitimacy around identity and public space.

INTERNATIONAL AND CONSTITUTIONAL FRAMEWORK FOR CRIMINAL CASE PROCEEDINGS AGAINST MINORS

2019 ◽  
pp. 99-106
Author(s):  
Igor Igorevich Kartashov
Keyword(s):  
Juvenile Justice ◽  
International Law ◽  
General Procedure ◽  
The Self ◽  
Criminal Prosecution ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Legal Norms ◽  
Legal Proceedings ◽  
The Subject

The relevance of the study is due to the importance of finding effective and at the same time humane measures to combat crime of minors that meet the generally accepted principles and norms of international law. The purpose of the study is to consider the international legal norms that form the basis of standards in the field of implementation of the rights of minors involved in the orbit of criminal proceedings. In this study we consider some aspects of the implementation of fair minor’s justice standards in the Russian criminal procedure legislation. Also we analyze the provisions of key regulations in the field of juvenile justice, the practice of their application, as well as doctrinal approaches to the prospect of further improvement of the criminal procedural form of legal proceedings against minors. On the basis of the analysis we highlight the features of the proceedings in the category of criminal cases: criminal prosecution can be initiated only after reaching a certain age; expanded the subject of proof; the production involves additional participants; the establishment of additional grounds and conditions for the use of coercive measures related to the restriction of freedom; confidentiality, which determines the characteristics of the trial; expansion of the range of issues resolved by the court in sentencing. It has been concluded that the existing domestic criminal proceedings the order of proceedings in criminal cases among minor, despite the peculiarities that distinguish it from the general procedure, it is impossible to recognize the self-differentiated procedure.

Forced to sexual activities: legal positions of Supreme Court of the Russian Federation and Republic of Kazakhstan

2019 ◽  
pp. 175-189
Author(s):  
Ardak Alimkhanovna Biyebayeva ◽  
Aigul Mailybayevna Kalguzhinova ◽  
Vera Anatolievna Chunyaeva
Keyword(s):  
Juvenile Justice ◽  
General Procedure ◽  
Criminal Prosecution ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Legal Norms ◽  
Legal Proceedings ◽  
Sexual Activities ◽  
The Subject ◽  
The Russian Federation

The relevance of the study is due to the importance of finding effective and at the same time humane measures to combat crime against minors that meet the generally accepted principles and norms of international law. The purpose of the study is to consider the international legal norms that form the basis of standards in the field of implementation of the rights of minors involved in the criminal proceedings orbit. We consider some aspects of the fair juvenile justice standards implementation in the Russian criminal procedure legislation. We analyze the provisions of the key normative acts in the field of juvenile justice, their application practice, as well as doctrinal approaches to the prospect of further improvement of the criminal procedural form of legal proceedings against minors. On the basis of the analysis, we highlight the proceedings features in the criminal cases category: criminal prosecution can be initiated only after reaching a certain age; expanded the subject of proof; the production involves additional participants; the establishment of additional grounds and conditions for the use of coercive measures related to the restriction of freedom; confidentiality, which determines the characteristics of the trial; expansion of the range of issues resolved by the court in sentencing. It has been concluded that the existing domestic criminal proceedings the order of proceedings in criminal cases in juvenile, despite the peculiarities that distinguish it from the general procedure, it is impossible to recognize the self-differentiated procedure.

scholarly journals Criminal Procedural Code of the Russian Federation: evaluation of effectiveness and measures for its improvement

2021 ◽  
pp. 868-877
Author(s):  
Boris Gavrilov
Keyword(s):  
Law Enforcement ◽  
Civil Rights ◽  
Russian Federation ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Dialectical Logic ◽  
Legal Norms ◽  
Procedural Code ◽  
The Russian Federation ◽  
Historical Comparative

Introduction: the article analyzes provisions of the Criminal Procedural Code of the Russian Federation and its impact on the implementation of key legal institutions designed to ensure respect for the rights and legitimate interests of criminal proceedings participants by law enforcement and judicial authorities. Purpose: having studied effectiveness of the amendments made in the CPC and conducted statistical analysis of the results of criminal cases investigation, the author presents shortcomings in the legislation identified by the scientific community and law enforcement practice and proposes measures to improve both certain legal norms of the CPC RF and its procedural institutions in order to ensure constitutional provisions on the state protection of human and civil rights and freedoms. Methods: the researcher used historical, comparative legal and empirical methods for describing quality and legality issues in the investigation of criminal cases; theoretical methods of formal and dialectical logic. Private scientific and legal technical methods, as well as the method for interpreting specific legal norms were applied. Results: the analysis of development of Russian and foreign criminal procedural legislation and law enforcement practice objectively indicates that the absolute majority of the amendments made to the Code contributed to enhancing performance of pre-trial investigation or initial inquiry bodies in implementing the provisions of Article 6 of the CPC. It stipulates protection of the rights and lawful interests of the persons and organizations, who (which) have suffered from the crimes, as well as their protection from unlawful accusations and conviction, and other restrictions of their rights and freedoms. Betterment of the criminal procedural legislation is also aimed at overcoming formalization of its individual provisions and bureaucratization of actions of the inquirer, investigator, prosecutor’s office and judicial community in the investigation and trial of criminal cases. Conclusions: to adapt the modern Russian criminal process to modern realities (new types of crimes and methods of their commission, increased requirements for ensuring legality in activities of pre-trial investigation bodies, their compliance with procedural deadlines in criminal cases and improving investigation quality) it is necessary to make changes in pre-trial proceedings, in particular, to reorganize procedural rules for commencement of criminal proceedings; bringing investigation terms into line with the provisions of Article 61 of the CPC on a reasonable period of criminal proceedings; differentiating investigation forms, etc. All this is focused on improving effectiveness of the fight against crime and its most dangerous types.

scholarly journals The Use of Electronic Medical Records as Evidence in the Criminal Process in Indonesia

2017 ◽  
Vol 5 (1) ◽  
pp. 67-71
Author(s):  
Anny Retnowati
Keyword(s):  
Electronic Medical Records ◽  
Medical Records ◽  
Qualitative Method ◽  
Jel Classification ◽  
Legal Basis ◽  
Criminal Cases ◽  
Criminal Process ◽  
Legal Norms ◽  
Electronic Evidence ◽  
Procedural Law

Objective - This article deals with the prospective use of electronic medical records as instruments of evidence in criminal procedural law in Indonesia. In particular, this article concerns the usefulness of these records in criminal cases. Methodology/Technique - This article applies doctrinal research involving a consideration of the relevant legal norms. Hence, a qualitative method is used to analysis the relevant data. Findings - The study suggests the legal basis in article 184 of the KUHAP should be revised by adding electronic evidence so that the use of electronic medical records can be used as evidence in the criminal process in Indonesia. Novelty - The study tries to provide ways to enhance the evidencing in criminal process. Type of Paper - Empirical Keywords: Electronic Medical Record; Criminal Process; Evidence; Indonesia. JEL Classification: K14, O33.

Tendencies of Development of Activities of a Prosecutor in Elimination of Obstacles to Consideration and Resolution of Criminal Cases under the 1864 Charter of Criminal Proceedings

2020 ◽  
Vol 15 (1) ◽  
pp. 36-45
Author(s):  
M. F. Yelchiev
Keyword(s):  
Legal Regulation ◽  
Practical Significance ◽  
Legal Rights ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Historical Experience ◽  
Systematic Analysis ◽  
Legal Norms ◽  
Legal Method ◽  
Additional Investigation

The paper substantiates the relevance of historical experience of the legal regulation in the context of the modern reform of the prosecutor’s work aimed at elimination of obstacles to consideration and resolution of criminal cases with a view to ensure the adoption of a lawful and reasonable decision on the case, which will certainly contribute to the achievement of the objectives of criminal proceedings. The paper investigates the cases of the 19th century when prosecutors returned criminal cases for additional investigation at the pre-trial stage of criminal proceedings. The author has examined the evolution of the goals, objectives and functions of the institution of return of cases by the prosecutor for further investigation in the specified period. The subject of the study amounts to the examination of the institution of additional investigation from the standpoint of its historical genesis. The author focuses on the analysis of the procedure applied to cases returned by the prosecutor for further investigation, the grounds for investigation and ways of correcting the revealed violations. Taking into account the historical experience, the author comes to the conclusion that it is necessary to improve the activity of the prosecutor aimed at eliminating obstacles. The author has formulated and substantiated proposals for modernization of the legal regulation of the procedure under consideration, as the return of the case for additional investigation constitutes a reserve mechanism for achieving the purpose of criminal proceedings that has restorative nature with regard to the legal rights and interests of the participants of criminal proceedings and their compliance with the relevant legal procedure. This procedure is important for making the right decision on the merits. Thus, the purpose of the work is to elucidate the process of formation and functioning of the institution of additional investigation enshrined in the Charter of Criminal Proceedings. To achieve this goal, the basic scientific methods (dialectical method of cognition, method of systematic analysis, deduction and induction, methods of comparisons and analogies, and a number of others) have been used. The main objectives of the study have been achieved on the basis of the comparative legal method. The practical significance of the work is that it justifies the need for legislative unification of legal norms regulating the activities of the prosecutor aimed at removing the obstacles to the consideration and resolution of criminal cases and introduction of appropriate amendments and additions to normative legal acts that would coordinate the procedure for sending cases by the procurator for additional investigation in strict compliance with the fundamental principles of domestic criminal proceedings.

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