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.

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 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.

Analysis of Legislative Supply of Informational and Informational– Analytical Activities of National Police of Ukraine

2020 ◽  
Vol 12 (1) ◽  
pp. 69-76
Author(s):  
Svіatoslav Senyk
Keyword(s):  
Law Enforcement ◽  
European Community ◽  
Social Relations ◽  
Effective Interaction ◽  
Important Criterion ◽  
Law And Order ◽  
Law Enforcement Agencies ◽  
Legal Norms ◽  
The Social ◽  
National Police

In the article a number of Laws of Ukraine are analysed, which are the basis for the development of sub-normative legal acts in the field of informational and informational–analytical activities of the National Police of Ukraine, in order to establish a connection between the legal norms and the social relations that are regulated. It is accordingly one of the aspects that will contribute to achieving the highest possible level of law and order in society. As a result of the research, the underlying Laws and Derivatives (Laws based on the fundamental and specific provisions) in this area have been identified. It is proven that realisation and strict observance of the considered legislative norms in the field of informational and informational–analytical support of the activities of the National Police of Ukraine will help to bring the standards of this type of activity to the relevant standards of law enforcement bodies of European states, to ensure effective interaction between separate units of both the National Police of Ukraine, and between the National Police and other law enforcement agencies of Ukraine and European states, and it will also help to build the trust of the European community in the activities of the National Police, which is an extremely important criterion for assessing the activities of law enforcement agencies in Ukraine.

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 INSTITUTE OF PUBLIC SERVANTS RESPONSIBILITY IN THE SYSTEM OF SERVICE LAW OF UKRAINE

2021 ◽  
pp. 5-9
Author(s):  
А. Berlach
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Public Relations ◽  
Social Relations ◽  
Public Service ◽  
Legal System ◽  
Legal Status ◽  
Wide Sense ◽  
Public Servants ◽  
Legal Norms

The article is devoted to the research of the institute of responsibility of public servants in the system of service law of Ukraine. It is emphasized the importance of legal support for the functioning of the public service system, in particular the regulation of the mechanism of responsibility of public servants. It is noted that the institution of responsibility is a mandatory element of the system of every branch of law, including official, because it is this legal entity whose task is to ensure the proper implementation of the legal status of every public servant. Considering the responsibility of public servants from the standpoint of social and legal content, the author emphasizes that the views of scholars on this issue are very different, as they reflect the palette of the worldview of each individual researcher and characterize the various aspects of public relations. In a wide sense, responsibility is a legal relationship between public authorities in the person of its authorized bodies and subjects of law, for the accurate and conscientious implementation of the requirements contained in the relevant rules of law. Analyzing the scientific views of scholars on responsibility, it is emphasized that in general, the liability of public servants should be understood as a procedurally established application of coercive measures of coercive influence on a particular public person for committing an offense. It is stated that the content of the legal nature of the institute of disciplinary responsibility of public servants, in particular in the system of service law of Ukraine, which needs proper research, remains important and extremely necessary for law enforcement and human rights activities of authorized subjects. Based on the analysis of scientific achievements of local and foreign scholars on the legal system, it is emphasized that currently there are different approaches to understanding the systemic structure of legal branches, in particular some scholars remain on the views developed in our time, while others try to adapt European researchers-lawyers on the system of law on modern Ukrainian realities. As a result, the author emphasizes that we can now state that each branch of law, which we call general, special or special law, always contains a list of legal norms in the appropriate relationship and sequence and thus ensuring the ability of the subject of rule-making, law enforcement or human rights activities to achieve the desired result – to create or harmonize existing social relations, giving them the status of legal relations. Keywords: public service, service law, responsibility, legal system, general, special and special part, sanctions.

scholarly journals Counteraction to Miscarriage of Justice in Ukraine

2019 ◽  
Vol 2 (3) ◽  
pp. 96-105
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Criminal Procedure ◽  
Point Of View ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Criminal Proceeding ◽  
Specific Regulation ◽  
Miscarriage Of Justice

Investigation of crimes against justice in Ukraine is among topical problems of miscarriage of justice. Hundreds of criminal cases are recorded as a crime in the Official Register in Ukraine but only a few have been brought to the court. In this article we try to approach this problem in three ways: from the point of view of criminal law, criminal procedure and criminalistic measures of counteraction to miscarriage of justice. Such an approach helps to demonstrate problems of investigator, prosecutor and judge at different stages of criminal proceeding. Special attention is paid to specific regulation of the issues of criminal proceedings against a certain category of persons, including judges. Mistakes of representatives of law enforcement bodies become visible as a result of analyzing of real criminal cases. Such an analysis is aimed to disclose the problem of counteraction to miscarriage of justice in Ukraine.

scholarly journals ABUSE OF THE RIGHT AND JUDICIAL ERRORS IN THE EXERCISE OF DISCRETION BY THE JUDGE IN THE CONSIDERATION OF CRIMINAL CASES WITH THE CONSENT OF THE ACCUSED WITH THE CHARGE BROUGHT AGAINST HIM

2021 ◽  
Vol 31 (3) ◽  
pp. 459-472
Author(s):  
N.O. Mashinnikova
Keyword(s):  
Law Enforcement ◽  
Criminal Cases ◽  
Special Procedure ◽  
Judicial Proceedings ◽  
Judicial Errors ◽  
Definition Of ◽  
The Right ◽  
Exercise Of Discretion ◽  
Abuse Of Law ◽  
Miscarriage Of Justice

The article examines the categories of "abuse of law" and" miscarriage of justice", as well as the factors contributing to their occurrence, reveals the mechanism of occurrence of miscarriages of justice, the sources and causes of their occurrence. The author substantiates the claim that the defect of interest, as an aspect of law enforcement, causes the occurrence of abuse and can cause a miscarriage of justice. The main characteristics of a miscarriage of justice, as well as the signs that distinguish a miscarriage of justice from abuse, are revealed. The definition of "abuse of the right" is given, its properties and features are revealed. The article analyzes the peculiarities of committing judicial errors and abuses under a special procedure of judicial proceedings.

scholarly journals On the relevant questions of usage of information technologies for preventive purposes in oversight activity of the executive branch of government

2020 ◽  
pp. 27-37
Author(s):  
Ekaterina Nikolaevna Smirnova
Keyword(s):  
Law Enforcement ◽  
Social Relations ◽  
Information Technologies ◽  
Digital Technologies ◽  
Executive Branch ◽  
Legal Norms ◽  
The Social ◽  
The Subject ◽  
Close Integration

The subject of this research is the legal norms regulating the usage of digital technologies in oversight activity of the executive branch of government, as well as law enforcement practice of utilization of digital technologies for preventive purposes in oversight activity of the executive branch of government. The object of this research is the social relations establishing in the process of digitalization of the prevention of violations of mandatory requirements. The author examines such aspects as usage of artificial intelligence in prevention of violations of mandatory requirements, as well as analyzes the implementation of “digital control” preventive purposes of oversight activity of the executive branch of government. The main conclusions of the conducted research consists in determination of positive experience from implementation of digital technologies for preventing violations of mandatory requirements, as well as in proposal of the new ways of using digital technologies for improving the effectiveness of implementation of preventive vector of oversight activity. The author also revealed a number of problems that may arise in case of close integration of digital technologies into preventive vector of oversight activity. The novelty consists in the fact that this article is first to explore the question of digitalization of prevention of violations of mandatory requirements, analyze the prospects of usage of digital technologies, as well as outline the “problematic” aspects of the phenomenon under consideration.

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.

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