scholarly journals THE CONCEPT AND THE ESSEMCE OF THE INSTITUTE OF CRIMINAL PROCEEDING PARTICIPANTS` SECURITY

2020 ◽  
Vol 6 (72) (2) ◽  
pp. 269-275
Author(s):  
O. L. Zhurba ◽  
Y. V. Lysenko
Keyword(s):  
Scientific Literature ◽  
Security Measures ◽  
Criminal Proceedings ◽  
Protection Measures ◽  
Criminal Proceeding ◽  
Existing Problems ◽  
Legitimate Interests ◽  
Definition Of ◽  
State Protection

The legislator has determined that the purpose of criminal proceedings is to protect the rights and legitimate interests of persons and organizations who have suffered from crimes. Nevertheless, persons acting as victims and witnesses are not only able to exercise their rights properly, but they are also affected by criminals. The result of this is the case of refusal and evasion of victims and witnesses from participating in criminal proceedings. To prevent this state protection measures are applied to witnesses, victims and other participants in criminal proceedings. The protection, the definition of security, the identification of the reality of threats are debatable in the scientific literature. Individual scientists study the concepts of reasons and grounds for security measures. All these issues are closely related to ensuring the rights of participants in criminal proceedings and should be investigated comprehensively with a separate consideration of the interaction of the investigator with the investigative authority and the court while ensuring these measures. The existing problems affect the practice of applying security measures, which reduces the quality of criminal investigations. The article deals with the definition of the concept of the safety of participants in criminal proceedings. The analysis of security measures, their types is made.

scholarly journals Verification by the prosecutor of the legality and validity of the decisions made by the investigating judge regarding the applied security measures

2021 ◽  
pp. 341-345
Author(s):  
I.О. Merimerina
Keyword(s):  
Criminal Procedure ◽  
Appellate Court ◽  
Security Measures ◽  
Criminal Proceedings ◽  
Procedure Code ◽  
Legitimate Interests ◽  
Precautionary Measures ◽  
Characteristic Features ◽  
Definition Of ◽  
The Right

The article is devoted to clarifying what the stage of an appeal in criminal proceedings is. During the investigation, the decisions of the investigating judge concerning the application of measures to ensure criminal proceedings are con-sidered to be appealed in accordance with the requirements of the Criminal Procedure Code of Ukraine. It was empha-sized that appealing the decisions of the investigating judge during the pre-trial investigation is an important guarantee of ensuring the protection of the rights and legitimate interests of the participants in the criminal proceedings. The list of persons who have the right to file an appeal is covered. The normative regulation of appealing against the decisions of the investigating judge is analyzed. The problematic issues of this activity and the definition of ways of normative regulation are considered. In the course of the research the works of scientists on the outlined issues are analyzed.The article examines the role of the prosecutor in verifying the legality and validity of decisions made by the investigating judge on the election, change, cancellation of measures to ensure criminal proceedings. Attention is drawn to the peculiarities of the prosecutor’s appeal of certain precautionary measures. Emphasis is placed on the peculiarities of the prosecutor’s filing of appeals, the quality of preparation of response documents. The peculiarities of appealing the decision of the appellate court, ruled on the results of the review of the decision of the investigating judge on the application of certain precautionary measures, have been studied. The characteristic features of appealing certain measures to ensure criminal proceedings have been identified and investigated.It is concluded that it is expedient to supplement the Criminal Procedure Code of Ukraine with provisions on the possibility for the prosecutor to appeal the decisions of the investigating judge on seizure of property, refusal, full or partial revocation of seizure of property, revocation of seizure of property, return of temporarily seized items and documents. measures in the form of a personal obligation or refusal to apply it, application of a precautionary measure in the form of a personal guarantee, application of a measure of restraint in the form of transfer of a juvenile suspect or accused under the supervision of parents, guardians, trustees or administration of a child care institution.

scholarly journals Legal nature of the agreement on the use of security measures in relation to criminal proceeding participants

2021 ◽  
Vol 108 ◽  
pp. 04004
Author(s):  
Natalia Vladimirovna Grigoryeva ◽  
Natalia Viktorovna Ugolnikova ◽  
Viktor Anatolievich Samoroka ◽  
Olga Evgenievna Zhamkova
Keyword(s):  
Optimal Algorithm ◽  
Civil Law ◽  
Standard Form ◽  
Legal Framework ◽  
Legal Regulation ◽  
Security Measures ◽  
Criminal Proceedings ◽  
Criminal Proceeding ◽  
Legal Nature ◽  
State Protection

The relevance of the study is due to the presence of a set of theoretical and practical issues and gaps in the legal regulation of the agreement concluded with the protected person on the conditions of security measures, mutual obligations, and responsibility of the parties. In this regard, based on an independent scientific study, the article attempts to substantiate the legal nature of the specified agreement as a special legal institute based not only on the rules of criminal procedure but also on civil law, since civil law determines the general provisions of agreements. In implementing the provisions of the institute of state protection of criminal proceeding participants, the leading research method is justified as increasing the effectiveness of legal norms on security measures through modeling the most optimal algorithm of the agreement with the person subject to state protection. Based on the results of the data obtained, the analysis of factors positively and negatively affecting the procedure of making decisions on security measures and the conclusion of the agreement was also carried out. The article focuses on the practical orientation of the results, which provide methodological and applied assistance to employees of state protection bodies in criminal cases. As a result of the study, the authors justify the need to develop a standard form of the agreement; the form, structure, and content of the agreement are proposed; the possibility of improving the legal framework through the development and adoption of a particular regulatory legal act of an open nature regulating the order of the agreement in the system of internal affairs bodies is determined. The research will provide academic, organizational, and legal assistance to state defense departments and investigators, inquirers, prosecutors, teachers, students, and anyone interested in ensuring security in criminal proceedings.

Ensuring Safety of Individuals Contributing to Prevention and Detection of Corruption-Related Crimes

2015 ◽  
Vol 3 (7) ◽  
pp. 0-0 ◽  
Author(s):  
Оксана Макарова ◽  
Oksana Makarova
Keyword(s):  
New York ◽  
Criminal Justice ◽  
Security Measures ◽  
Federal Law ◽  
Criminal Proceedings ◽  
Protection Measures ◽  
The Russian Federation ◽  
United Nations Convention ◽  
Principles And Standards ◽  
State Protection

The objective of any government is to ensure safety of individuals, contributing to prevention and detection of crime. The problem of protecting whistleblowers, who receive inadequate attention from the national legislator, is one of the most important problems. The Russian Federation has accepted obligations to take appropriate measures to ensure effective protection of individuals reporting about corruption, as a member state to the United Nations Convention against corruption, adopted in New York on 31 October 2003 and ratified by the Federal law on 08.03.2006 N 40-FZ (Art. 32-33). However, it should be recognized that the national legislation does not contain all of the Convention principles, and Russia takes insufficient measures to implement the international community’s recommendations on the application of security measures to protect whistleblowers from the adverse consequences for them. The article analyzes the current legislation regulating the system of measures of state protection of individuals ensuring criminal justice in general, and whistleblowers in particular. The article notes that the legislation, regulating the state protection of individuals, contributing to the prevention and detection of crime, to a large extent takes into account the fundamental international principles and standards for ensuring safety of individuals in criminal proceedings. However, there remains the problem of insufficient protection measures in relation to whistleblowers, which is one of the reasons for poor efficiency of prevention and detection of corruption crimes. To solve this problem, the author proposes some measures that strengthen protection of whistleblowers to a maximum extent, as well as contribute to further improvement of the legislation in the sphere of state protection of individuals promoting criminal justice.

SPECIFIC FEATURES OF PROPERTY INTERESTS PROTECTION OF THE PENAL SYSTEM OF THE RUSSIAN FEDERATION WITH THE PARTICIPATION OF CRIMINAL PROCEEDINGS AS REPRESENTATIVE OF A VICTIM

2021 ◽  
pp. 46-52
Author(s):  
Дмитрий Викторович Кияйкин
Keyword(s):  
Russian Federation ◽  
Current Practice ◽  
Statistical Data ◽  
Penal System ◽  
Court Decisions ◽  
Criminal Proceedings ◽  
Existing Problems ◽  
Legitimate Interests ◽  
The Russian Federation ◽  
The Moment

В статье проведен анализ существующей практики защиты имущественных интересов уголовно-исполнительной системы Российской Федерации при участии в уголовном процессе в качестве представителя потерпевшего, изложены рекомендации по улучшению данной работы с учетом особенностей сложившейся практики. Раскрываются особенности уголовно-процессуальной защиты на основе материалов территориальных органов и анализа дел указанной категории схарактеристикой эффективных решений иимеющихся проблем по защите имущественных интересов уголовно-исполнительной системы (далее - УИС), материалов практики защиты поуказанным вопросам, аналитических и статистических данных за 2018-2020 гг. Обращено внимание, чтона практике имеются сложности с определением размера возмещаемого ущерба и сроков исковой давности, а также с фактическим исполнением судебных решений овзыскании ущерба в связи с финансовой несостоятельностью должников. Важной проблемой по защите имущественных интересов остается отсутствие методики определения размера причиненного репутационного вреда органам иучреждениям уголовно-исполнительной системы Российской Федерации. Обеспечение своевременного допуска представителя органа илиучреждения УИС имеет существенное значение для защиты имущественных интересов, поскольку юридическое лицо получает фактическую возможность по отстаиванию своих законных интересов лишь смомента допуска представителя - физического лица. Автором определены направления работы должностных и иных заинтересованных лиц по реализации защиты имущественных интересов УИС при участии в уголовном процессе в качестве представителя потерпевшего. The article analyzes the existing practice of protecting the property interests of the Penal system of the Russian Federation when participating in criminal proceedings as a representative of the victim, and provides recommendations for improving this work, taking into account the features of the current practice. The article reveals the features of criminal procedure protection based on the materials of territorial bodies and the analysis of cases of this category with the characteristics of effective solutions and existing problems in protecting the property interests of the Penal system (hereinafter the FPS), materials of defense practice on these issues, analytical and statistical data for the period 2018-2020. Attention is drawn to the fact that in practice there are some peculiarities in determining the amount of damage to be compensated and the limitation period. Due to the financial insolvency of debtors in practice, there is a difficulty with the actual execution of court decisions on recovery of damages. An important problem in protecting property interests remains the lack of a methodology for determining the amount of reputational damage caused to the bodies and institutions of the Russian Federation's penal system. Ensuring the timely admission of a representative of a body or institution of a penal system is essential for the protection of property interests, since a legal entity gets the actual opportunity to defend its legitimate interests only from the moment of admission of a representative - an individual. The author defines the directions of work of officials and other interested persons to protect the property interests of the Penal system of the Russian Federation when participating in criminal proceedings as a representative of the victim.

scholarly journals Prevalence of Psychopathy in the General Adult Population: A Systematic Review and Meta-Analysis

2021 ◽  
Vol 12 ◽  
Author(s):  
Ana Sanz-García ◽  
Clara Gesteira ◽  
Jesús Sanz ◽  
María Paz García-Vera
Keyword(s):  
Scientific Literature ◽  
Meta Analysis ◽  
Adult Population ◽  
Regression Analyses ◽  
Existing Problems ◽  
Theoretical Perspectives ◽  
Sex Type ◽  
General Adult Population ◽  
Meta Regression ◽  
Definition Of

The main objective of this study was to systematically and meta-analytically review the scientific literature on the prevalence of psychopathy in the general adult population. A search in PsycInfo, MEDLINE, and PSICODOC identified 15 studies published as of June 2021. Altogether, 16 samples of adults totaling 11,497 people were evaluated. Joint prevalence rates were calculated using reverse variance heterogeneity models. Meta-regression analyses were conducted to examine whether the type of instrument, sex, type of sample, and country influenced prevalence. The meta-analytical results obtained allow us to estimate the prevalence rate of psychopathy in the general adult population at 4.5%. That being said, this rate varies depending on the participants' sex (higher in males), the type of sample from the general population (higher in samples from organizations than in community samples or university students), and the type of instrument used to define psychopathy. In fact, using the PCL-R, which is currently considered the “gold standard” for the assessment and definition of psychopathy, the prevalence is only 1.2%. These results are discussed in the context of the different theoretical perspectives and the existing problems when it comes to defining the construct of psychopathy.

scholarly journals The Definition, signs and types of administrative and procedural guarantees.

Dixi ◽  
2021 ◽  
Vol 23 (2) ◽  
pp. 1-13
Author(s):  
Revista Dixi ◽  
Roman Volodymyrovych Shapoval ◽  
Tetiana Olexsandrivna Kolomoiets ◽  
Oksana Valeriivna Brusakova ◽  
Mikayil Vagif Oglu Garayev
Keyword(s):  
Legal System ◽  
Legal Regulation ◽  
State System ◽  
Legal Interpretation ◽  
State Institutions ◽  
Legitimate Interests ◽  
Characteristic Features ◽  
Definition Of ◽  
Direct Implementation

The purpose of this article is to determine the nature and content of administrative and procedural guarantees. In this regard, it is necessary to solve the following tasks: To clarify the definition of administrative and procedural guarantees, to characterize their types, to reveal the features of administrative and procedural guarantees, and to determine the place of this legal phenomenon in the general legal system. Issues related to theoretical and legal interpretation, legislative definition and direct implementation of administrative and procedural guarantees are updated and considered. The influence of administrative-procedural guarantees on the level of development of the domestic legal system is analyzed. Attention is drawn to the fact that the quality of proper functioning of administrative-procedural guarantees directly depends on the development of state institutions of a particular country, as well as on the level of perfection and efficiency of the entire state-power mechanism, i.e. the state system. Given that the essence of modern administrative and procedural guarantees provides for the proper consolidation of rights, freedoms and legitimate interests of individuals, it is justified that the key role in these processes will always play the level of legal awareness, along with the level of transparency and timeliness. The author’s definitions of the terms “administrative-procedural guarantees”, “protection of legal guarantees of citizens” and “legal awareness of the population” are given. Some of the characteristic features of foreign models of administrative and legal regulation are proposed for implementation.

scholarly journals Il territorio bene comune

2012 ◽  
Keyword(s):  
Public Welfare ◽  
Local Democracy ◽  
Protection Measures ◽  
Strategic Response ◽  
The Earth ◽  
Rural World ◽  
The Common ◽  
Landscape Quality ◽  
Definition Of

The central theme of this book is ecological and territorialist conversion as a strategic response to the crisis. 'The return to the territory' can be conceived as a valorisation of the common heritage of assets (environmental, urban fabric, landscape, socio-cultural) that mould the identity and lifestyles of every place on the earth. This calls for several issues to be addressed: the fusing of fragmented knowledge into a science of the territory that addresses the problems of socio-territorial and environmental decay in an integrated manner; the definition of new markers and policies of public welfare and happiness, including the landscape as a measure of the quality of peoples' life-worlds; the boosting of tools of local democracy and supportive federalism; the restoration of centrality to the rural world in the production of healthy food, hydro-geological protection measures, ecological reclamation, urban and landscape quality and integrated economies.

State Protection and Safety of Participants in Russian Criminal Proceedings

2016 ◽  
Vol 8 (1) ◽  
pp. 283-291 ◽  
Author(s):  
Oleg Aleksandrovich Zaytsev ◽  
Aleksandr Jurevich Yepihin
Keyword(s):  
Law Enforcement ◽  
International Law ◽  
Implementation Process ◽  
The State ◽  
Criminal Proceedings ◽  
Protection Measures ◽  
Adequate Funding ◽  
The Individual ◽  
Protection Of Participants ◽  
State Protection

International law is a powerful generator of factors for the creation of criminal procedure security system. However, the mechanism of implementation of international law in national, Russian legislation causes certain difficulties. The problem is the imperfection of regulating the implementation process of international law within a particular state. The institute of public protection and safety of participants in the Russian criminal proceedings is now sufficiently developed. However, it is no longer possible to investigate effectively the problems in law enforcement within the same branch of jurisprudence, such as criminal proceedings. It is absolutely necessary to obtain knowledge from related areas of law, as well as from other disciplines (e.g., psychology, conflict resolution). Also positive examples of implementation of the state protection and ensure the safety of persons, used by some foreign countries are highly required in the Russian legislation and law enforcement practice. At present, the accumulation of a sufficient number of laws and legal acts can be observed which regulate the state protection of participants of the Russian criminal process. Improved security of the individual in criminal proceedings is directly related to the cross-sectoral research; generalization of positive examples of law enforcement practices; sufficient methodological support for law enforcers (investigators, prosecutors and judges); adequate funding of state protection measures.

scholarly journals How to Make Housing Sustainable? The Dutch Experience

10.1068/b3050 ◽  
2005 ◽  
Vol 32 (1) ◽  
pp. 5-19 ◽  
Author(s):  
Hugo Priemus
Keyword(s):  
Scientific Literature ◽  
National Policy ◽  
Environmental Policies ◽  
Public Officials ◽  
Policy Documents ◽  
Sustainable Housing ◽  
Narrow Definition ◽  
Definition Of ◽  
Dutch Experience

Sustainable housing has been a major topic of national policy in the Netherlands for fifteen years. The author argues that sustainable housing is a badly defined concept, both in scientific literature and in policy documents. The Dutch government has never indicated how the sustainability of housing could be measured, or realized a zero measurement, which would enable researchers to evaluate environmental policies to promote sustainable housing properly. A narrow definition of sustainability is adopted, whereby the author concentrates on the ecological dimensions of the concept of ‘sustainability’: the environmental impact on the greenhouse effect; the quality of air, water, and soil; noise nuisance; stench; the stock of nonrenewable materials; and biodiversity. An overview of ways in which the sustainability of housing can be measured is given and the use of a multivariate yardstick advocated. A set of recommendations is presented for politicians and public officials about the way in which sustainable housing can be promoted, and a research agenda on sustainability in housing presented. The author concludes by pointing out the analogy between the Dutch government's policy to promote sustainable housing and the story of the emperor's new clothes. The moral is that it is better to acknowledge that we do not know essential things about sustainable housing than simply to ‘believe’ in it.

scholarly journals FEATURES OF INTERVIEW OF ELDERLY PEOPLE

2020 ◽  
Vol 24 (4) ◽  
pp. 1100-1121
Author(s):  
Lev V. Bertovsky
Keyword(s):  
Older People ◽  
Preliminary Investigation ◽  
Scientific Research ◽  
The Elderly ◽  
Relevant Information ◽  
Legal Rights ◽  
Criminal Proceedings ◽  
Legitimate Interests ◽  
The Moment ◽  
Definition Of

Relevance . The article considers current problems of a criminal procedural and forensic nature common for search and cognitive activities when dealong with older people with cognitive impairment. Successful developments in the field of medicine, an overall increase in the standard of living of the population, and the quality of social security have extended life span expectancy and, accordingly, led to the increase of the total number of older people. People from this category are increasingly involved in the orbit of criminal proceedings as witnesses and victims, and often as defendants (suspects). It should be understood and taken into account that, due to various diseases, changes in the mental state, social status of these persons and other reasons, obtaining verbal criminally relevant information from such participants in the criminal proceedings demonstrate certain specifics. However, at the moment, there are no forensic developments aimed at optimizing investigative actions involving older people. Relevant scientific research on this issue has not been conducted either in Russia or abroad. The aim of the work is the need to ensure the full realization of the rights and legitimate interests of participants in criminal proceedings from among the elderly by developing and introducing forensic techniques into law enforcement in criminal investigations, which necessitates the initial definition of the problem and disclosing its essence. The materials for the study are scientific works of specialists in the field of psychology, gerontology, neurophysiology, forensic science, and statistical data, as well as the authors vast experience in the preliminary investigation of criminal cases as an investigator. The results and conclusions were obtained with the help of general scientific research methods: logical, systemic, sociological, as well as private-scientific and special: comparative-legal, formal-legal, interpretation, statistical, etc. Results: several conclusions have been made to strengthen the necessary to improve the regulatory framework governing participation of older people in criminal proceedings to ensure their legal rights and freedoms. Recommendations on preparation and conduct of investigative actions with participation of such categories of persons have been proposed.

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