Digital Transformation of Russian Criminal Proceedings

2020 ◽  
Vol 2 (3) ◽  
pp. 86-99
Author(s):  
E. V. Markovicheva ◽  
Keyword(s):  
Theoretical Basis ◽  
New Technologies ◽  
Digital Technologies ◽  
Criminal Procedure ◽  
Digital Transformation ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
Legal Method ◽  
Criminal Procedure Law ◽  
The Impact

Introduction. Currently, in most states, criminal process undergoes a transformation under the influence of digital technology. However, compared to other types of legal proceedings, criminal process is more conservative and less inclined towards the modernization of information. Despite this, problems of digitalization of criminal proceedings are being actively investigated by scientists. In some states, practical use of digital technologies in criminal proceedings has already been attempted, which requires study. Theoretical Basis. Methods. The theoretical basis of the study was Russian and foreign scientific works in the field of criminal procedure law, devoted to the problems of introducing informational technologies into criminal proceedings. Comparative legal analysis revealed the general directions in the digital transformation of the criminal process in modern states. Based on the formal legal method and general scientific methods, the features of the consideration of criminal cases by the courts in the context of the active introduction of new technologies are investigated. Results. The article reveals promising directions for introducing digital technologies into the Russian criminal process. The impact of the COVID-19 pandemic on the activity of courts for the examination of criminal case materials is assessed. Discussion and Conclusion. The digitalization of criminal proceedings ensures their optimization and can transform the mechanisms of protecting and ensuring the rights of participants in the process. Modern technologies can be used during certain stages of criminal proceedings and in the making of procedural decisions both in judicial and in pre-trial stages. However, further scientific research of the issues under consideration, as well as preparation of conceptual suggestions to the legislator with the purpose of changing the norms of the current criminal procedure law are necessary.

Prospects for the Implementation of Special Conciliation Procedures in the Russian Criminal Process

2020 ◽  
Vol 9 ◽  
pp. 99-104
Author(s):  
E. V. Markovicheva ◽  
Keyword(s):  
Criminal Justice ◽  
Restorative Justice ◽  
Justice System ◽  
Criminal Procedure ◽  
Legal Analysis ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
Traditional System ◽  
Common Features ◽  
Legal Method

In the 21st century, the concept of restorative justice has become widespread in criminal proceedings. The introduction of special compromise procedures into the criminal process allows for the restoration of the rights of the victim and reduces the level of repression in the criminal justice system. The traditional system of punishment is considered ineffective, not conducive to the purpose of compensating for harm caused by the crime. Restorative justice enables the accused to compensate for the harm caused by the crime and is oriented not towards their social isolation, but towards further positive socialization. The introduction of the ideas of restorative justice into the Russian criminal process requires the introduction of special conciliation procedures. The purpose of the article is to reveal promising directions for introducing special conciliation procedures into the Russian criminal process. The use of the formal legal method provided an analysis of the norms of criminal procedure legislation and the practice of its application. Comparative legal analysis revealed common features in the development of models of restorative justice in modern states. Conclusions. The introduction of conciliation procedures into the Russian criminal process is in line with the concept of its humanization and reduction of the level of criminal repression. The consolidation of the mediator»s procedural status and the mediation procedure in the criminal procedure legislation will make it possible to put into practice the elements of restorative justice.

scholarly journals APPLICATION OF SAFETY MEASURES TO PARTICIPANTS IN CRIMINAL PROCEEDINGS ON THE PART OF THE DEFENCE

2019 ◽  
Vol 29 (6) ◽  
pp. 823-829
Author(s):  
F.F. Zaripov
Keyword(s):  
Civil Rights ◽  
Russian Federation ◽  
Criminal Procedure ◽  
Separate Group ◽  
Criminal Proceedings ◽  
Safety Measures ◽  
Criminal Process ◽  
Criminal Procedure Law ◽  
The Russian Federation ◽  
Rights And Interests

The article formulates the problems of procedural regulation of ensuring the safety of participants in criminal proceedings on the part of the defense in the process of criminal proceedings. It is noted that despite the hasty division of the participants in the criminal process into groups in accordance with the procedural function performed by them, the need to separate the participants in criminal proceedings standing upon the interests of the defense into a separate group is not disputed. Attention is drawn to the fact that the principle of protecting the rights and freedoms of man and citizen in criminal proceedings does not fully regulate the adoption of appropriate measures to ensure the safety of participants in the criminal process for the realization of their rights and interests. The necessity of making amendments and additions to the Code of Criminal Procedure of the Russian Federation (as the main source of criminal procedure law), as well as a number of other legislative acts related to the protection of human and civil rights and freedoms and to ensuring the safety of participants in criminal proceedings in all areas, is substantiated.

scholarly journals Preliminary Hearing Judge

2020 ◽  
Vol 5 (1) ◽  
pp. 35
Author(s):  
Lirime Çukaj (Papa) ◽  
Denisa Laçi
Keyword(s):  
Preliminary Investigation ◽  
Criminal Procedure ◽  
Judicial System ◽  
Main Task ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
Legal Provisions ◽  
Italian Law ◽  
Preliminary Session ◽  
The Impact

A new figure in the judicial system was foreseen in the legal amendments undertaken in the Code of Criminal Procedure, by law no. 35/2017, in the framework of the Justice Reform. The Code of Criminal Procedure has been changed in various aspects, including in here the changes that are related with the subjects of the criminal proceedings. I have previously set out what are the problems that emerged in the criminal process in general, and in the Preliminary phase of Investigation in particular, to understand the effects of this figure and the reason for it to enter into the judicial system. This preliminary investigation control based in ower law now is made by the Preliminary Hearing Judge (PHJ) and the Preliminary Investigation Judge (PIJ). The main task of this article, is to determine the impact that the PHJ has had on the progress of a fair and complete criminal process, since it has been sanctioned by law and has begun its functions. On the other hand what are the issues that this subject presents regarding the functions that the law attributes and their implementation in practice? The main focus of this paper is precisely those legal provisions that have provided for the manner in which this procedural subject operates, to further understand its impact on the criminal process in general and on the preliminary investigation phase in particular. An important aspect is making an overview of the Italian law from where we are based to foresee this judicial figure. After a comparison between these legal provisions we came in conclusion of the problematics that PHJ presents. We outline, at the end of the study, our conclusions arising from the examination of the preliminary session and PHJ, as well as some recommendations that I consider necessary for the process of criminal proceedings, in the light of the changes that have taken place.

CURRENT ISSUES OF CRIMINAL PROCEEDINGS AGAINST MINORS IN THE CONTEXT OF MODERN REALITY

2021 ◽  
Vol 7 (2) ◽  
pp. 152-164
Author(s):  
Svetlana V. Verkhoturova ◽  
Oksana V. Pavlenko
Keyword(s):  
Preliminary Investigation ◽  
Criminal Procedure ◽  
Legal Regulation ◽  
International Standards ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Legal Proceedings ◽  
Legal Method ◽  
Criminal Procedure Law ◽  
Made In

This article examines the current theoretical and practical issues of criminal proceedings against minors in the light of recent changes in the criminal procedure legislation. The research was conducted using formal-logical and dialectic methods, as well as the comparative-legal method when analyzing criminal and legal proceedings against minors. The authors conclude that a number of existing criminal procedure norms regulating the preliminary investigation and consideration of criminal cases in court against minors do not meet international standards and require further improvement. This article draws attention to the procedural errors of investigators (inquirers) and judges that are allowed in the process of investigation and consideration of criminal cases in court in relation to minor suspects, accused persons, defendants. The lack of sufficient legal regulation in the criminal procedure law is called the main reason for the mistakes made in the criminal proceedings against minors. In order to solve the identified problems, the authors propose to make appropriate additions to the current criminal procedure law.

scholarly journals Problems of realization of the principles of equality and competitiveness in the criminal process: possibility of their solution by implementation of the private detective institute in Ukraine

2021 ◽  
Vol 11/2 (-) ◽  
pp. 5-11
Author(s):  
Anastasiia HLOBA
Keyword(s):  
Human Rights ◽  
Criminal Procedure ◽  
Current Version ◽  
Criminal Proceedings ◽  
Public Authorities ◽  
Criminal Process ◽  
Legal Nature ◽  
Private Detective ◽  
Criminal Procedure Law ◽  
Implementation Problems

Introduction. The work considers the problem of implementation of private detective institute in the context of realization of the principles of equality and competitiveness in the criminal process. At present the relevancy of this institute is proved by numerous attempts of the Verkhovna Rada of Ukraine to adopt a relevant law. As scientists note, the current version of Draft Law contains a large number of shortcomings. At the same time, in Ukraine the problem of compliance of the provisions of the Code of the Criminal Process with the principles of equality and competitiveness in criminal proceedings remains controversial. Scientists have repeatedly studied this issue and suggested ways to solve them, but the corresponding changes have not yet been implemented. Such a solution is necessary to ensure respect for human rights, so it is important to consider the possibility of solving problems related to the implementation of the principles of equality and competitiveness through the introduction of the institution of private detective in Ukraine. The purpose of the paper is to examine the legal nature of the principles of equality and competitiveness in criminal proceedings, their interrelation, implementation problems, as well as the possibility of solving problems of implementation of these principles by introducing the institution of private detective in Ukraine. Results. Authors made an analysis of legislation, doctrine and international practice. It proved the importance of implementation of the institute of private detective. However, current Draft Law are not perfect and complete and cannot provide the improvement of realization of principles of equality and competitiveness in criminal proceedings. Conclusion. The position of Ukrainian criminal procedure law on compliance with principles of equality and competitiveness is not complete, as the defense has fewer opportunities to gather evidence than the prosecution represented by public authorities. To improve the situation with the principles of equality and competition, it is recommended to consider the introduction of the private detective institute in Ukraine. To do this, it is necessary to provide proper legislation in order for this institution to improve the situation in compliance with these principles.

scholarly journals Legal Basis for the Use of Digital Technologies in Criminal Proceedings in Russia

2020 ◽  
pp. 72-74
Author(s):  
Andrei Mikhaylovich Dolgov
Keyword(s):  
Russian Federation ◽  
Public Life ◽  
Digital Technologies ◽  
Criminal Procedure ◽  
Legal Basis ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
Tech Nologies ◽  
The Russian Federation ◽  
Logical Research

The present study considers certain issues of de-termining the legal basis for the use of digital tech-nologies in criminal proceedings in the Russian Federation. The purpose of the research is to deter-mine the place of the Code of Criminal Procedure of the Russian Federation among the legal acts regu-lating the specified use of digital technologies. The relevance of the study is determined by the expan-sion of digitalization in the criminal process in Rus-sia. The novelty of the research is to identify the legal basis of the criminal process in Russia in the context of the use of digital technologies. In the course of the work, domestic criminal procedure norms regulating these issues, the results of socio-logical research on introduction of digital technolo-gies in public life, the opinions and positions of leading Russian and foreign (Republic of Kazakh-stan) scientists were examined. As a result of the research, the author comes to the conclusion that the legal basis for the use of digital technologies in criminal proceedings should be the norms of the law contained in the Code of Criminal Procedure of the Russian Federation and based on the Constitution of the Russian Federation.

Evaluating the impact of digital technologies on the performance of an industrial enterprise

2020 ◽  
Vol 8 (8) ◽  
pp. 1545-1565
Author(s):  
M.B. Rybakov ◽  
G.V. Kolesnik
Keyword(s):  
Systems Analysis ◽  
Business Models ◽  
New Technologies ◽  
Digital Technologies ◽  
Digital Transformation ◽  
Digital Culture ◽  
Industrial Enterprises ◽  
Digital Competencies ◽  
The Impact ◽  
Comprehensive Indicator

Subject. Considering the use of traditional business models, the digital transformation becomes a cornerstone for industrial enterprises to remain competitive and survive in the market. Therefore, it is important to identify factors making the integration of digital technologies into operations more effective. Objectives. We analyze how digital technologies influence the performance of industrial enterprises. We also identify what improves corporate operations, and choose digital transformation metrics. Methods. The study relies upon methods of the logic and systems analysis, multivariate optimization. Results. The article sorts contemporary challenges to the corporate competitiveness due to the emergence of digital technologies. We discover factors that spur the performance of industrial enterprises in the digital economy. We suggest using a comprehensive metric to gauge the efficiency of digital technologies integrated into the enterprise's operations. Conclusions and Relevance. Digital technologies are not supposed to penetrate every sector. Furthermore, to effectively integrate them, the company should at least have the digital culture and employees who have basic digital competencies. If enterprises have low capabilities for perceiving new technologies, the priority development may turn to be hard for them in those sectors where digital technologies and knowledge are most important. The single indicator is not enough to gauge whether digital technologies have been effectively implemented. The comprehensive indicator seems more promising, since it accounts for indirect effects, rather than direct effects on the performance.

scholarly journals SEKUNDARNI POSITION OF CONSENSUAL PROCEEDINGS

2019 ◽  
Keyword(s):  
Criminal Procedure ◽  
Public Law ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
Public And Private ◽  
Legal Norms ◽  
Private Interests ◽  
Criminal Procedure Law ◽  
Court Proceedings ◽  
The Right

The article discusses the situation of civil law and consensus in the criminal process for not serious crimes. The essence of consensual proceedings in the criminal process is determined, its procedural form is disclosed, which includes the agreement of the parties and the grounds for closing the criminal proceedings both at the stage of pre-trial investigation and court proceedings. Considering the division of the right to public and private, on the basis of the consensual provisions of the criminal process, it is necessary to indicate that they have different substances and are divided according to different classification criteria. Based on the general and theoretical provisions of the criminal process, the consensual developments of this work, we can determine that public and private law has two directions, which include the theory of interest and the theory of protection of private interests. In this case, we can talk about the material and formal signs of theoretical modifications, namely, to proceed from the content of regulated relations, which should be based on material conditions. That is, if the norms of public law regulate the interests of a person, then they are built on the material theory. How they regulate and what they regulate, we attribute to the legal norms. The conclusion is that in relation to the construction of legal relations between the subjects of the process, this question can be put on the basis of the content of the subjective right. The criminal process has the authority to interfere with the norms of public law in the private interests of the person, if provided for by criminal law. We believe that the criminal procedure law should take measures to limit the interference of public law in private interests. Based on the analysis of civil procedural legislation, recommendations were given on drafting an agreement in the criminal procedure in the procedural form on compensation for material damage.

scholarly journals IMPLEMENTATION OF THE PRINCIPLE OF LEGALITY IN CRIMINAL PROCEEDINGS IN THE CONTEXT OF APPLICATION OF MEDIATION PROCEDURES

2020 ◽  
Vol 6 (3) ◽  
pp. 150-153
Author(s):  
M. N. Tarsheva
Keyword(s):  
Criminal Procedure ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
Criminal Procedure Law ◽  
The Moment ◽  
Principle Of Legality

This article deals with the implementation of the principle of legality in the conduct of the case, in relation to the mediation procedure, which at the moment has not found its reclaim in either the criminal or criminal procedure law, however, it can be argued that all the necessary prerequisites and resources for the implementation of the institution are available. The article substantiates the conclusion that a harmonious combination of the principles of legality and expediency will contribute to the improvement of criminal proceedings in general, and in particular alternative forms of resolution of criminal-right conflict, including mediation, as well as to conform to the ideas of optimization, rationalization and humanization of the criminal process.

scholarly journals Legacy of M. S. Strogovich and Modern Problems of Functional-Legal Construction of Criminal Pre-Trial Proceedings

2020 ◽  
Vol 17 (4) ◽  
pp. 495-513
Author(s):  
Yu. V. Derishev
Keyword(s):  
Preliminary Investigation ◽  
Criminal Procedure ◽  
Criminal Prosecution ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Criminal Process ◽  
Scientific Heritage ◽  
125Th Anniversary ◽  
Criminal Procedure Law ◽  
Definition Of

In November 2019, the world legal community widely celebrated the 125th anniversary of Professor M. S. Strogovich, who, according to his scientific colleagues and students, was a scientist who was “ahead of time”.This article provides a retrospective and comparative analysis of the positions of M. S. Strogovich and his colleagues on certain problems of domestic criminal proceedings, in particular its pre-trial phase, in the context of the direct influence of the scientist's scientific heritage on the development of modern criminal procedure law. The Author of the article particularly interesting views of the scientist and his participation in discussions related to defining the essence and purpose of the preliminary investigation, the implementation of the functions of preliminary investigation in relation to criminal prosecution, the problems of implementation of the principles of presumption of innocence and the adversarial nature of pre-trial proceedings in criminal cases, and, finally, the General Manager of the “investigative case” in modern Russia.M. S. Strogovich consistently adhered to the idea of the need to develop and strengthen procedural guarantees of individual rights, guarantees of justice, and this can be seen in this article. Thus, defining the essence of the criminal process as a system of actions of the relevant officials and the procedural legal relations that arise in connection with them, which in itself was a serious “scientific courage” of those years, M. S. Strogovich particularly defended the position that all participants in criminal proceedings are subjects of the rights granted to them and the duties assigned to them, and they should not be considered objects of unilateral power of officials. This idea has become widespread and generally accepted as the basic definition of domestic (Soviet and Russian) criminal proceedings.The article analyzes M. S. Strogovich’s scientific steps on the conceptual turn from revolutionary-radical ideas about the construction of criminal proceedings to its classical canons and traditions of the Russian criminal process, On the basis of which the conclusion is made about the indispensable use of the scientist's legacy in modernьRussian procedural studies.The research of M. S. Strogovich’s legacy carried out in the article will fully allow to rethink the modern system of criminal proceedings in a new way, can be used as a kind of key to finding solutions to law-making and law enforcement problems, for the further development of the national science of criminal procedure law.

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