Prospects for Improving Court Resolution Questions about the Parole of a Convicted Person from Serving a Sentence

2021 ◽  
Vol 2 ◽  
pp. 78-89
Author(s):  
V. I. Kachalov ◽  
Keyword(s):  
General Rule ◽  
Modern Society ◽  
Time Frame ◽  
Constitutional Rights ◽  
Criminal Proceedings ◽  
Early Release ◽  
Quality Video ◽  
Legitimate Interests ◽  
The Right ◽  
High Quality Video

The procedural order of consideration by the courts of petitions and representations for conditional early release from serving a sentence needs to be improved, since these issues affect the most important constitutional rights and freedoms of citizens. Current legislation does not set a specific time frame for consideration of such requests. The author comes to the conclusion that it is necessary to consider issues of early release within 30 days from the date of receipt of the request to the court in compliance with the deadline for notifying interested persons no later than 14 days before the start of the court session. At the stage of preparation for the court session to consider the issue of early release, the court examines the received materials and performs preparatory actions. Since the activities of the court in execution of the sentence is seen as justice, all the participants of the court session (the court, Prosecutor, convict, victim, defender) should be able to use the procedural powers granted to them in consideration of the criminal case on the merits and in this stage of the process, taking into account its specificity. Participation of the convicted person in the consideration of issues of early release as a general rule should be mandatory. Consideration of the case in the absence of this person is possible only in cases when it independently and unambiguously refused to participate in the court session. The implementation of the right to protection by a convicted person during the execution of a sentence has certain features. The content of the right to protection takes on a somewhat different meaning. There is no need to defend yourself against the accusation, and the presumption of innocence provision has ceased to apply. Under such conditions, the content of the right to protection is centered around the protection of the rights and legitimate interests of this person, including his ability to obtain the necessary information, personal participation in the consideration of issues related to him, obtaining qualified legal assistance, etc. The participation of the defender in this stage must be carried out according to the general rules of criminal proceedings and must be mandatory, except in cases where the person refused to help the defender independently and voluntarily. Objective circumstances of the development of modern society put on the agenda the need to change the form of consideration of materials on early release and move to the consideration of most of these materials online. Extensive use of modern messengers with high-quality video communication will optimize the process of participation of the Prosecutor, defender and victim in the court session.

scholarly journals Problematic Issues of Protection of Rights and Legitimate Interests of Victims of Crime

Lex Russica ◽  
2019 ◽  
pp. 81-91
Author(s):  
M. A. Zheludkov
Keyword(s):  
Russian Federation ◽  
Modern Society ◽  
Criminal Proceedings ◽  
The Status ◽  
Procedural Code ◽  
Legitimate Interests ◽  
The Russian Federation ◽  
Amount Of Knowledge ◽  
Close Relatives ◽  
The Right

The relevance of the article is that in modern society, ensuring a full fight against crime involves including a solution to various problems in the implementation of the rights and legitimate interests of persons against whom the crime has been committed. For example, in the criminal procedure the rights and obligations of “persons involved in the proceedings when checking reports of a crime are explained under the Criminal Procedural Code of the Russian Federation. Alongside it provides the possibility of exercising these rights to the extent that the procedural actions and procedural decisions affect their interests, including the right not to testify against themselves, their spouses and other close relatives, the range of whom is defined in para. 4 of art. 5 of the Criminal Procedural Code of the Russian Federation. Such persons are provided with the right to use the services of a lawyer, as well as to bring complaints about actions (inaction) and decisions of the investigating officer, the head of division of inquiry, the chief of body of inquiry, the investigator, the head of investigative body in the order established by Chapter 16 of the Criminal Procedural Code of the Russian Federation”. Still this sound rule lacks referencing to certain subjects defined in the Criminal Procedural Code of the Russian Federation. This leads to the fact that legal guarantees for persons who have not received the status of a participant in criminal proceedings remain declarative. The analysis of criminal cases revealed many inaccuracies, legislative gaps and contradictions, which play an important role in the fact that individuals or legal entities in respect of whom the crime has been committed do not have procedural rights to protect their interests within the period up to 30 days. The article aims to develop a mechanism for their protection from the moment of registration of a crime report by law enforcement agencies, taking into account a certain amount of knowledge on the activities of persons who were involved in the criminal process.

scholarly journals Duty of Proving of a Civil Suit in Criminal Proceedings

2019 ◽  
pp. 137-144
Author(s):  
Serhii Krushynskyi
Keyword(s):  
Criminal Procedure ◽  
Active Part ◽  
Unanimous Opinion ◽  
Criminal Proceedings ◽  
Successful Performance ◽  
Property Damage ◽  
Civil Proceedings ◽  
Civil Suit ◽  
Legitimate Interests ◽  
The Right

The article is devoted to the analysis of some problematic questions related to the duty of proving of civil suit in criminal proceedings in Ukraine. In the criminal procedure doctrine there is no unanimous opinion of which subjects are required to engage into proving activities aimed at detection of civil suit circumstances in criminal proceedings. Concepts «duty of proving» and «burden of proving» are delineated by author. The position that the burden of proving is determined by the interests of participants in criminal proceedings was supported. The content of the burden of proving of civil suit in criminal proceedings covers the need to representation of evidence to justify (or refute) the amount of property damage, the depth of the suffering, and the amount of property compensation for non-pecuniary damage. The material and procedural interest of the civil plaintiff and the civil defendant in the outcome of the criminal proceedings encourages them to take an active part in the criminal procedural proving, in particular by representation of evidence available to them. The publicity (officiality) of criminal proceedings causes differences in the procedure for proving the grounds and size of a civil suit in criminal proceedings compared to civil proceedings. It is concluded that the duty of proving of civil suit circumstances lies on the prosecution party (investigator, prosecutor). The civil plaintiff, the civil defendant, their representatives are complete subjects of proving, but their activity in proving is a right, but not a duty. For the successful performance of their procedural functions, the defense of their legitimate interests, these persons are empowered to represent evidence, to participate in their research. So, they are given the opportunity to contribute to the correct resolution of criminal proceedings, in particular in the civil suit part. The subjects involved in the criminal proceedings who have a duty of proving should provide a possibility of realization of the right to represent evidence by other participants in the process.

scholarly journals Problematic issues of appealing against the decision of the investigating judge, the court on sending a person to a medical institution for a psychiatric assessment

2021 ◽  
pp. 328-334
Author(s):  
O.I. Tyshchenko
Keyword(s):  
Court Decision ◽  
Medical Institution ◽  
Criminal Proceedings ◽  
Psychiatric Assessment ◽  
Procedural Law ◽  
Legitimate Interests ◽  
Forensic Psychiatric ◽  
Constitutional Right ◽  
The Right ◽  
Judicial Protection

The article reveals the problem of appealing against the decision of the investigating judge, the court on sending a person to a medical institution for a psychiatric assessment, in particular: a) it is stated that sending a person to a medical institution for assessment is a form of restriction of his or her constitutional right to liberty, which is equivalent to detention. It is proposed to amend the Criminal Procedure Code (hereinafter – the CPC), which provides for the right to a separate appeal against a court decision on sending a person to a medical institution for assessment, decided in court before the court decision on the merits. The lack of possibility to appeal against such a court decision creates a potential danger of illegal restriction of a person’s constitutional right to liberty and security during their placement in a medical institution for the inpatient forensic psychiatric assessment (hereinafter – the IFPA), which violates the essence of the right to judicial protection; b) it is proved that the decision of the investigating judge, the court to send a person to a medical institution for the IFPA may limit not only the rights of the suspect, accused, but thus also affect the legitimate interests of others who do not have procedural status in criminal proceedings. It is determined the expediency of granting the right to appeal the said court decision to the victim and other persons whose interests it concerns; c) it is noted that the mechanism of prolongation of the term of the IFPA is not regulated in the domestic criminal procedural law, however judges continue it in the absence of a legislative basis. Therefore, it is expressed the scientific position on the rationality of appealing not only the decision of the investigating judge, but also the court’s decision to extend the term for sending a person to a medical institution for assessment. 

scholarly journals Protection of Human Rights in the Criminal Procedure Legislation of the Republic Of Uzbekistan and Improved Reforms Taking Into Account Foreign Experience

2021 ◽  
Vol 58 (1) ◽  
pp. 1102-1115
Author(s):  
Botirjon Khayitbayevich Ruzmetov
Keyword(s):  
Human Rights ◽  
Criminal Law ◽  
Criminal Procedure ◽  
Sufficient Evidence ◽  
Criminal Proceedings ◽  
Protection Of Human Rights ◽  
Legitimate Interests ◽  
The Republic ◽  
Theory Of Evidence ◽  
The Right

In this article author had searched the questions devoted the protection of human rights in the criminal procedure legislation of the Republic of Uzbekistan and comparing with the legislation and worldwide experience of the foreign states.The article reveals the ongoing liberalization of the criminal law policy in the Republic of Uzbekistan, which is aimed at expanding human and fair norms, strengthening the protection of the rights, legitimate interests of a person andsociety. Against this background, the significance of investigative actions and the theory of evidence in the country's criminal procedural legislation is being revised. The development of science and technology leads to the improvement of methods of committing crimes using computer technology, taking into account which the timely disclosure and effective investigation of socially dangerous acts requires extensive use of mathematical tools and computer technologies.In this regard, changes are taking place in the investigative practice aimed at increasing knowledge in the field of computer technologies among law enforcement officials and increasing the responsibility of the personal of the investigative and judicial authorities in the implementation of their activities.The author emphasizes that despite significant restrictions on the rights and legitimate interests of a person in the conduct of investigative actions, all of them are necessary for obtaining sufficient evidence to expose the guilt of the offender, in the manner prescribed by law.Compliance by investigators, prosecutors and judges of all criminal procedural requirements established by the legislation of the country is a key requirement for the recognition of evidence as lawful and sufficient for a fair sentence.It should be noted that the article highlights that, since 1994, the Criminal Procedure Code of Uzbekistan enshrines the right to defense by involving a lawyer in the case from the moment a person is detained on suspicion of committing a crime, as well as the principle of equality of arms in criminal proceedings. An addition to the liberalization of legislation is the fact that now the courts are freed from such unusual functions as the execution of court decisions.In addition, the article expands on the author's proposals for improving the legislation of Uzbekistan, as well as expanding the power of lawyers, especially in the conduct of investigative actions, aimed at expanding the process of liberalization of criminal law in the country and improving the situation with the protection of human rights in the investigation of criminal cases.

scholarly journals On the Informatization of Criminal Proceedings in the Kyrgyz Republic in the Context of the Introduction of Digital Technologies

2020 ◽  
Vol 6 (9) ◽  
pp. 316-323
Author(s):  
Z. Sydykova
Keyword(s):  
Information Technology ◽  
Public Relations ◽  
Information Technologies ◽  
Digital Technologies ◽  
Time Frame ◽  
Kyrgyz Republic ◽  
Criminal Proceedings ◽  
Digital Products ◽  
The Subject ◽  
The Right

The article raises questions about the need to introduce information technologies into the criminal justice of the Kyrgyz Republic in the context of digital transformation. The author believes that the goal of criminal proceedings for the implementation of the concept of legal informatization in the Kyrgyz Republic is the introduction of digital technologies in criminal proceedings, increasing its transparency, reducing the time frame of the criminal process, as well as optimizing the cost of paperwork and providing access to the case materials online. The use of digitalization as a new stage of information technology in criminal proceedings makes it possible to significantly improve the quality and efficiency of criminal proceedings, as well as facilitate the work of law enforcement officers, contributing to the formation of an independent information personality, teach them to make the right decisions and effectively use information resources. The main essence and role of information technology is the provision, storage, processing and perception of information and its accounting. The object of the research is a set of public relations regarding the informatization of criminal proceedings in the context of the introduction of digital technologies. The subject of the research is the norms of criminal procedure legislation on the implementation of electronic justice in Kyrgyzstan. The author came to the conclusion that the demand in making procedural decisions by the subject of a criminal investigation now makes it possible to present digital products (judicial acts) in electronic format and neutralize corruption components, increase greater confidence in the judiciary, ensuring the transparency of legal proceedings. With the help of digital technologies, information processes are rationalized, automated systems for making electronic court decisions are being introduced.

scholarly journals Resumption of closed criminal proceedings: problematic issues

2021 ◽  
pp. 176-186
Author(s):  
Vasyl Zhmudinskyi
Keyword(s):  
Criminal Procedure ◽  
Time Frame ◽  
Criminal Prosecution ◽  
Criminal Proceedings ◽  
Legal Decisions ◽  
Procedure Code ◽  
The Moment ◽  
The Right

The article deals with problematic issues related to the resumption by a prosecutor of criminal proceedings closed by the decision of an investigator. It is proved that the investigator's decision to close criminal proceedings can be appealed to the investigating judge or prosecutor within ten days of receiving a copy thereof. However, the prosecutor, to monitor the legality and validity of the investigator's decision, can independently reverse the decision to close the criminal proceedings. At the same time, an important point in this situation is that the legislation sets a time frame for the prosecutor, namely twenty days, from the moment he receives the decision from the investigator, during which he can check the decision to close the criminal proceedings for its legality and make a decide on its reversal. Attention is drawn to the fact that prosecutors do not always adhere to the specified twenty-day period and groundlessly reverse legal decisions to close criminal proceedings, referring to Part 6 of Article 36 of the Criminal Procedure Code of Ukraine, which defines the powers of the prosecutor to reverse illegal and unjustified decisions of investigators and subordinate prosecutors within the terms of pre-trial investigation. It is argued that the prosecutor's right to reverse an illegal and unjustified decision to close criminal proceedings is not included in the terms of pre-trial investigation because it is already outside it, and therefore if the prosecutor reverses the specified decision after the expiration of the twenty-day period, it is a violation of Part 6 of Article 284 of the Criminal Procedure Code of Ukraine. It is noted that to stop the repeated criminal prosecution of participants in criminal proceedings, it is advisable to appeal the prosecutor's decision to resume criminal proceedings to the court, even though that the current Criminal Procedure Code of Ukraine does not a relevant provision in this regard. It is proved that if the court satisfies the complaint and reverses the prosecutor's decision to cancel the decision to close the criminal proceedings, further implementation of the pre-trial investigation will be impossible and the resumed criminal proceedings will be closed. Proposals have been made to improve the criminal procedure legislation in terms of ensuring the right of participants in criminal proceedings to appeal in court against the prosecutor's decision to reverse the decision to close criminal proceedings. Keywords: criminal proceedings, prosecutor, pre-trial investigation, investigator, decision, court.

scholarly journals The current issues of the protection of the rights, freedoms of participants of criminal proceedings at the stage of judicial consideration

2020 ◽  
pp. 71-82
Author(s):  
Oleksandr Omelchenko ◽  
Vladislav Rebezyuk
Keyword(s):  
Human Rights ◽  
International Experience ◽  
International Standards ◽  
Criminal Proceedings ◽  
Independent State ◽  
Legal Norms ◽  
Control Functions ◽  
Legitimate Interests ◽  
Court Proceedings ◽  
The Right

This article explores the issues of protecting of the rights, freedoms of participants in criminal proceedings at the stage of judicial consideration. Consequently, examines of the current state and prospects of protecting the rights, freedoms of participants in criminal proceedings at the stage of judicial consideration is carried out. The current problems and ways of solving the issue of protecting the rights and freedoms of participants in judicial proceedings are considered. This article deals with the issues concerning of the protection of rights and freedoms in criminal proceedings. An indicator of the availability of justice is a component of the right to a fair trial, the existence of an optimal system of court costs and developed mechanisms for providing legal assistance to the poor. Meanwhile, all court judgments should be based on the current Constitution of Ukraine, as well as on the current legislation, without contradicting with them. The International experience in protecting the human rights and freedoms is very important and has a significant impact on the domestic legislation of both our state and other democratic states as a whole. The International standards of fundamental human rights and freedoms and their legitimate interests is the basis that fills the international experience in protecting human rights, freedoms and legitimate interests. The main provisions of the Constitution of the community of democratic states on human rights and freedoms must comply with all international standards, since the protection of rights, freedoms and legitimate interests ensures the sovereign, democratic and independent state. Each civilized state must ensure the implementation of legal guarantees for the protection of the rights, freedoms and legitimate interests of its citizens, this will become the key to the democratic development of the state. To summarize, the public is interested in ensuring that the rule of law is guaranteed through fair, impartial and effective administration of justice. The prosecutors and the judges ensure at all stages of the trial the guarantee of human rights and freedoms, as well as the protection of public order. This covers respect for the rights of the accused and the victims. Protecting the human rights in criminal proceedings at the trial stage is one of the main challenges facing the courts, prosecutors and lawyers. The opportunities of judicial protection through a system of various forms of judicial review is not only an additional guarantee of rights and freedoms, but also a condition for their speedy restoration. Key words: court proceedings, organizational and legal mechanism, protection of the rights, court decision, court control functions, The European Court of Human Rights, legal decisions, legal norms, court proceedings, protection of freedoms, availability of the justice.

scholarly journals The right to receive qualified legal assistance in criminal proceedings: The concept, the relationship with the right to defense

2021 ◽  
Vol 21 (2) ◽  
pp. 198-205
Author(s):  
Galina I. Sedova ◽  
◽  
Vasilina Yu. Gromak ◽  
Keyword(s):  
International Standards ◽  
Criminal Prosecution ◽  
Legal Assistance ◽  
Legal Aid ◽  
Criminal Proceedings ◽  
Scientific Representations ◽  
Legitimate Interests ◽  
Definition Of ◽  
The Right ◽  
To Receive

Introduction. An important achievement of modern criminal procedure legislation and law enforcement practice is the implementation of international standards and democratic legal institutions concerning the strengthening of guarantees of respect for the rights, freedoms and legitimate interests of participants in criminal proceedings. Among them is the right of a person to receive qualified legal assistance. In this regard, it becomes important to analyse the system of scientific views and studies on the issue of qualified legal assistance and its relationship with the right to protection determined by the Constitution of the Russian Federation, and to determine the main characteristics to which such assistance should correspond. Theoretical analysis. The mechanism of procedural support of the right of a person against whom criminal prosecution is being carried out to receive qualified legal assistance is identified, and proposals are formulated to improve the legal guarantees of ensuring legal activity in its implementation. Empirical analysis. A definition of the right to qualified legal assistance has been developed, which represents the rights of a suspect, accused, or victim to use the help of a lawyer with legal education, who is part of the professional legal community, with a confirmed status, in order to ensure the implementation of the purpose of criminal proceedings – in terms of protecting the rights of victims of crimes – and all components of the right to protection from criminal prosecution and prosecution, which are enshrined in the current legislation at all stages of criminal proceedings. Results. The authors carried out a study on scientific representations of the right to qualified legal aid and the distinction between the right to protection and the right to qualified legal aid.

scholarly journals DISMISSAL AS A MEASURE TO ENSURE CRIMINAL PROCEEDINGS

2021 ◽  
Vol 1 (10) ◽  
pp. 104-109
Author(s):  
V. Anastasiyeva ◽  
Keyword(s):  
Human Rights ◽  
Legal Regulation ◽  
Labor Rights ◽  
Practical Implementation ◽  
Main Task ◽  
Constitutional Rights ◽  
Criminal Proceedings ◽  
Social Difficulties ◽  
Legitimate Interests ◽  
The Individual

The article considers the legal grounds and procedure for removal from office in criminal proceedings, analyzes the range of procedural problems that arise in the implementation of the investigated measure. As a result, it was established that removal from office in criminal proceedings belongs to the measures to ensure criminal proceedings. Important aspects that require consideration are the grounds for dismissal, as well as the appropriate procedural procedure for the implementation of the measure under investigation. The study reveals the need for further study and detailed legal regulation of such a measure of criminal proceedings as removal from office, given the underdevelopment of its effectiveness and significance by the pre-trial investigation authorities. The main task of the current CPC of Ukraine is to respect and protect the rights and legitimate interests of persons involved in criminal proceedings, to ensure the legality and reasonableness of restrictions on constitutional human rights and freedoms at the pre-trial stages of criminal proceedings. Measures to ensure criminal proceedings are directly related to the restriction of human rights. This institute is given considerable attention both at the legislative level - within the CPC of Ukraine provides for a separate year II, and in the practical implementation of its provisions - the implementation of specific criminal proceedings. Modern criminal procedural legislation of Ukraine, enshrining a new system of coercive measures, proposed a humanistic approach to the restriction of labor rights of the individual and established preliminary judicial supervision over the legality and justification of temporary removal from office of a suspect or accused. In the system of measures of criminal procedural coercion, removal from office occupies a special place due to the high probability of creating social difficulties for a suspect or accused person who loses his job, position and position in society, receiving a statutory level of material support from the state. Therefore, there are problems of unclear legal regulation of removal from office, the practice of applying this measure to ensure criminal proceedings has not been properly formed, which has led to a decrease in the number of satisfied requests of the prosecution. The following problems can be argued: first, the lack of justification for the need to restrict the labor rights of citizens, second, the growing role of legal guarantees to protect the rights of citizens in restricting their constitutional rights, and third, the lack of a clear list of grounds for dismissal. , the content of this measure to ensure criminal proceedings and legal regulation of the legal consequences of removal from office.

scholarly journals Legal nature of restriction of constitutional rights of citizens when conducting NSDCS related to the use of technical means

2020 ◽  
Vol 10 (19) ◽  
pp. 20-28
Author(s):  
Oleksandr Lisovyy ◽  
Keyword(s):  
Social Relations ◽  
Legal Regulation ◽  
Private Sphere ◽  
Constitutional Rights ◽  
Criminal Proceedings ◽  
Judicial Control ◽  
Legal Nature ◽  
Legitimate Interests ◽  
Effectiveness And Efficiency ◽  
The One

The article considers the legal nature of the restriction of the constitutional rights of citizens when conducting covert investigative (search) actions related to the use of technical means. Considering the privacy of citizens as a legal phenomenon and a legal category, the author highlights some aspects of judicial control over the implementation of the covert investigative (search) actions, which are related to the use of technical means and involve interference in the private sphere. The author expresses and substantiates the thesis that the main purpose of judicial control in carrying out covert investigative (search) actions related to the use of technical means is to ensure the legality of these activities, compliance and protection of the rights and legitimate interests of citizens, society and the state. The objects of judicial control are, first of all, covert investigative (search) actions, which provide for interference in private communication, because they affect the private sphere of people's lives and therefore require judicial control. Legal and reasonable restriction of the constitutional rights of the citizen at carrying out covert investigative (search) actions connected with use of technical means is reached thanks to strict observance of the established order of their application. The peculiarity of judicial control over the legality of restricting the constitutional rights of citizens in conducting covert investigative (search) actions related to the use of technical means, according to the author, lies in the mechanism of legal regulation, which combines a special subject composition, as well as homogeneous social relations in the field of judicial control restriction of the rights and freedoms of citizens during criminal proceedings (ie both during the organization, preparation for, and during the direct conduct of these actions). It is proved that the procedural order (or mechanism), on the one hand, contributes to the effectiveness and efficiency of criminal proceedings, on the other hand, maximizes respect for the rights, freedoms and interests of the defendants, protecting them from excessive, unacceptable coercion.

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