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 Ideals and interests of participants in the digitalization of criminal proceedings

2020 ◽  
pp. 66-73
Author(s):  
V. I. Przhilenskiy ◽  
I. B. Przhilenskaya
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
Criminal Justice System ◽  
Justice System ◽  
Digital Technologies ◽  
Criminal Proceedings ◽  
Criminal Process

The interaction of individuals, structures and collectives in the course of digitalization of the criminal process is analyzed. The goals of various participants in the process of introducing digital technologies into criminal proceedings are considered. It is concluded that it is necessary to timely identify all the stakeholders of digitalization and other actors involved in this process, the thesis is substantiated that it is expedient to take into account and agree on strategies in order to give consistency, predictability and controllability to the digitalization process of the criminal procedural sphere of law enforcement. Thus, the readiness of the criminal justice system for the planned and actually ongoing digitalization is being tested.

scholarly journals Participation of a Teacher and Psychologist in Criminal Procedure on Cases Against Minors

2021 ◽  
Vol 7 (12) ◽  
pp. 289-294
Author(s):  
L. Savelyeva
Keyword(s):  
Criminal Justice ◽  
Criminal Procedure ◽  
Controversial Issues ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
The Status ◽  
A Minor

The criminal process in cases involving minors has its own peculiarities, which is explained by the need to ensure the rights of minors. At the same time, the current legislation does not always have a systemic character; a number of norms contradict each other. The specifics of Russian criminal justice in cases involving minors is a ground for discussion among scientists and practitioners. One of the controversial issues is the mechanism for ensuring the participation of a teacher and a psychologist in criminal proceedings in cases involving minors. The author concludes that the rules for the participation of a teacher or psychologist in criminal proceedings should not differ depending on the procedural status of a minor (accused, victim, witness). When considering the status of a teacher and a psychologist, the author comes to the conclusion that it is inexpedient to identify them. The teacher should be recognized as an independent participant in the process on the part of the defense, and it is advisable to consider the psychologist as a specialist.

scholarly journals Prosecutor’s activity model as the most important guideline for reforming the system of criminal proceedings

2021 ◽  
Vol 108 ◽  
pp. 04002
Author(s):  
Nina Sergeevna Manova ◽  
Anna Yurievna Churikova
Keyword(s):  
Criminal Justice ◽  
Justice System ◽  
Criminal Proceedings ◽  
Normative Model ◽  
Activity Model ◽  
Legal Method ◽  
Legal Model ◽  
Main Factors ◽  
First Time

The problems associated with the development of a normative model of the prosecutor’s activity in criminal proceedings and the way in which such a model can affect the direction of reforming the entire criminal process are considered by the authors. Purpose: to analyze the influence of the prosecutor’s activity model on the effectiveness of achieving the purpose of criminal proceedings, to propose the directions for reforming the criminal justice system. Methods: The study uses the method of legal modeling, statistical and sociological methods of cognition, as well as the comparative legal method. Results and novelty: The novelty of the study is expressed in the fact that for the first time an attempt was made to reveal the influence of the prosecutor’s activity model on the directions of reforming the criminal proceedings. The results of the study include the identification of the main factors that determine the construction of a legal model of the prosecutor’s activity in the field of criminal proceedings and the determination of the directions of the possible influence of this model on the reform of the system of criminal proceedings.

scholarly journals Moral Origins — Reasonable Doubts

Russian judge ◽  
2020 ◽  
Vol 10 ◽  
pp. 62-64
Author(s):  
Elena V. Selina ◽  
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Mission Statement ◽  
Point Of View ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
Moral Principles ◽  
History Of ◽  
The Law

Once again, it is time to talk about moral principles. This concept is clearly established in the law. But its content-content remains in the circle of discrepancies. The countdown of its history is usually considered when referring to the essay by A.F. Kony ‘Moral principles in criminal proceedings (General features of judicial ethics)’. This article is based on the author’s previous research, which showed that the idea of moral principles as a corresponding category was suggested by A.F. Kony and F.M. Dostoevsky. The article is devoted to the further goal-to extract the missing (according to the essay by A.F. Kony) information about moral principles from the artistic and publicistic works of F.M. Dostoevsky. The works of F.M. Dostoevsky are considered from the point of view of searching for the mechanism of the criminal justice system taking into account the moral principles. A.F. Kony’s essay on moral principles is filled with the history of the criminal process, and only a small part of it has become considered as a mission statement and widely.

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.

scholarly journals Favorable legal environment as a condition for the realization of criminal procedural rights and the proper performance of criminal procedural duties

2019 ◽  
Vol 4 (22) ◽  
pp. 178-185
Author(s):  
Evgeniy Petuchov ◽  
Mariya Neymark ◽  
Nina Dudko
Keyword(s):  
Criminal Justice ◽  
Criminal Procedure ◽  
Legal Environment ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
And Performance ◽  
Procedural Rights ◽  
Proper Performance

The article investigates the problem of legal support of the participants of criminal proceedings for the implementation of the rights granted to them by the legislator and the proper performance of their criminal procedural duties. Obstacles to the implementation of criminal procedure rights and obligations of normative (gaps, conflicts of legislation) and organizational (illegal actions of subjects, their inaction) nature are identified. The existing views of scientific researchers on the correlation of rights and obligations in the sphere of criminal justice as paired legal categories are studied and analyzed. We analyzed the provisions of the current criminal procedure legislation in Russia from presence/absence of legal conditions ensuring realization of rights and performance of duties by the participants of the criminal process.

scholarly journals PENYELESAIAN PERKARA PIDANA DENGAN KONSEP KEADILAN RESTORATIF (RESTORATIVE JUSTICE) DALAM SISTEM PERADILAN PIDANA TERPADU DI INDONESIA

2017 ◽  
Vol 1 (2) ◽  
pp. 592
Author(s):  
Kristian Kristian ◽  
Christine Tanuwijaya
Keyword(s):  
Criminal Justice ◽  
Problem Solving ◽  
Criminal Justice System ◽  
Restorative Justice ◽  
Justice System ◽  
Human Life ◽  
Legal Analysis ◽  
Conceptual Approach ◽  
Justice Process ◽  
System Today

Various problems that occur in a community, is a social phenomenon that has existed since the start of human life. Problem solving methods that can be taken is basically divided into two, namely the completion of the litigation and non-litigation pathway. In fact, if there is a problem, especially with regard to criminal law (criminal case), the model of problem solving is always done using the path of litigation. The settlement of this litigation by using paths in practice does not always go according to what is expected due to the settlement of litigation by using the path in the traditional criminal justice system today would lead to new problems such as: pattern of retaliatory punishment still, causing a buildup of the case, do not pay attention to the rights of the victim, not in accordance with the principle of simple justice; process is long, complicated and expensive, and the settlement is legistis stiff, does not restore the effects of crime, prisons conditions are not adequate, does not reflect justice for the community and so although, the law was made essentially to provide fairness and benefits to humans. Looking at these phenomena, in the latest development emerged a new concept or approach the concept of restorative justice. The concept of restorative justice approaches assessed or can cope with various problems in the traditional criminal justice system as mentioned above.This study will discuss the application of restorative justice in terms of the integrated criminal justice system in Indonesia. This research is a descriptive normative legal analysis. The approach used is a statutory approach, conceptual approach, and the principles of law.Keywords: Restorative Justice, Integrated Criminal Justice System.

Some Issues of Ensuring of Procedural Guarantees of Participants of the Criminal Process of the Republic of Uzbekistan

2019 ◽  
Vol 8 (4) ◽  
pp. 9457-9460
Keyword(s):  
Legal Status ◽  
Criminal Procedure ◽  
Legal Analysis ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
National Legislation ◽  
Foreign Countries ◽  
The Republic ◽  
Status Analysis

The issues of ensuring the rights and guarantees of such participants in the criminal process as the suspect and the accused are relevant for research at all times. Guarantees are the means in accordance with which the execution of the purpose of criminal proceedings is ensured. In order to further expand the guarantees of such participants as the suspect and the accused, the article analyzes the concept and significance of the procedural guarantees of the participants in the criminal process, in particular the suspect and the accused; their legal status; analysis of the rights and guarantees of the data of participants in the criminal process. The article applies the methodology of comparative legal analysis. In particular, the norms of national legislation are analyzed, as well as the norms of foreign countries on these issues (Russia, Kazakhstan and Germany). Based on the results of the analysis, proposals were developed to improve the guarantees of the rights and freedoms of suspected and accused persons in the criminal proceedings of the country. These proposals can be used to make amendments and additions to the criminal procedure legislation of the country.

scholarly journals Strengthening Implementation of the Justice Restorative Justice in the Perspective of Law Number 16 Year 2004 on the Judiciary and Islamic Law

2021 ◽  
Vol 8 (11) ◽  
pp. 410-418
Author(s):  
Sugianto . ◽  
Wahyu Oktaviandi
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Restorative Justice ◽  
Justice System ◽  
Islamic Law ◽  
Attorney General ◽  
Research Problem ◽  
Research Process ◽  
Criminal Case ◽  
Legal Analysis

Restorative Justice is an approach to justice that focuses on the needs of the victims and perpetrators of crime, as well as involving the community, not to follow the principle of punishment for the perpetrators accompanied by the consideration of the judges. The principle of Restorative Justice process of the completion of the action a violation of law that occurs is done by bringing victims and offenders together talking. The act of punishment alternative to using the justice restorative should be pursued by the state so that the adhesion of unity of the nation become strong and become potential of socio economic development and politics of the country. The propriety of the imposition of a criminal through the justice restorative so the duty and responsibility of law enforcement to sharpen legal analysis and sensitive conscience of humanity. justice restorative aims to reconcile the conflicting parties. If offenders could be rehabilitated with other measures that better then the punishment should be avoided. In the penalty ta'zir, forgiveness and granting the minimum penalty is the criminal justice system of Islam that can change the penal system of retributive to restorative. This research problem is how the strengthening of restorative justice in the settlement of the criminal case according to Law Number 16 Year 2004 On the Prosecutor's office? How the actualization of the completion of the criminal case through the restorative justice perspective of Islamic Law?. The purpose of this study was to determine the strengthening of restorative justice in the settlement of the criminal case according to Law Number 16 Year 2004 On the Prosecutor's office and find out the actualization of the completion of the criminal case through the restorative justice perspective of Islamic Law. Methods this research was conducted using qualitative research a research process and understanding based on the methodology that investigates a phenomenon of social and human problems. The results of this study concluded, that the strengthening of restorative justice in the settlement of the criminal case according to Law Number 16 Year 2004 On the Prosecutor's office through a mediation that can be used in resolving a criminal case. A new breakthrough in the Indonesian criminal justice system in the completion of a criminal offence outside the court. Keywords: Strengthening of Justice, Restorative Justice, Attorney General and Islamic Law.

scholarly journals Victim-offender mediation as an alternative to the criminal justice system in Poland

Temida ◽  
2018 ◽  
Vol 21 (1) ◽  
pp. 3-22
Author(s):  
Cezary Kulesza ◽  
Dariusz Kużelewski
Keyword(s):  
Criminal Justice ◽  
Restorative Justice ◽  
Justice System ◽  
Statistical Data ◽  
Criminal Procedure ◽  
Judicial System ◽  
Rights Protection ◽  
Council Directive ◽  
Polish Code ◽  
Criminal Matters

The aim of the paper is to present the views of the doctrine on the mediation and the benefits it brings to the victim, the perpetrator and society. The paper analyses the significance of implementation of the European Parliament and Council Directive 2012/29. This document, devoted to victims? rights protection, has had significant impact on introducing restorative justice provisions into the Polish Code of Criminal Procedure of 1997. The paper discusses effectiveness of mediation in the Polish criminal procedure. It also examines statistical data collected from Polish courts regarding mediation. The conclusion is that mediation does not constitute a competitive institution towards the traditional judicial system which still remains the only ?supplier? of cases for mediation in criminal matters in Poland.

Sign in / Sign up

Export Citation Format

Share Document