scholarly journals Comparative Legal Analysis Of Issues Of Enforcement Of Rights Of Individuals In The Criminal Proceeding Of The Republic Of Uzbekistan And Republic Of Kazakhstan

2021 ◽  
Vol 03 (02) ◽  
pp. 105-110
Author(s):  
Dildora Bazarova ◽  
◽  
Kanat Utarov ◽  
Keyword(s):  
Comparative Analysis ◽  
Legal Analysis ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
Distinctive Features ◽  
Criminal Proceeding ◽  
Public Control ◽  
The Republic

The article provides a comparative analysis of the development of ensuring the rights of individuals in two post-Soviet republics; it also gives distinctive features and trends in the development of guarantees of rights in criminal proceedings. The issues of participation of prosecutors and lawyers in the criminal process, the role of public control over the criminal process are considered by the author.

scholarly journals TAKING INTO CUSTODY IN THE CRIMINAL PROCESS OF THE REPUBLIC OF BELARUS: IMPROVING REGULATIONS AND ISSUES OF PROOF (COMPARATIVE LEGAL ANALYSIS)

2020 ◽  
Vol 73 (4) ◽  
pp. 156-162
Author(s):  
Andriy Samko ◽  
◽  
Dmуtrо Pilipenko ◽  
Keyword(s):  
Civil Rights ◽  
International Law ◽  
Preventive Measure ◽  
Legal Analysis ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
Theoretical Concepts ◽  
The Republic ◽  
The Right ◽  
Practical Feasibility

The article analyzes the peculiarities of applying a measure of procedural coercion in the form of detention in the criminal procedural legislation of the Republic of Belarus, as well as in the criminal process of Ukraine and the Republic of Kazakhstan. The positions of scientists in the field of criminal procedure, who conducted research on this issue, are analyzed. The key positions of the proceduralists regarding the basic regulatory aspects of the application of a preventive measure in the form of detention are considered. Attention is focused on the fundamental provisions of the functioning of the system of procedural compulsion and the application of a preventive measure in the form of detention in custody in particular. The analysis of the positions of the legislators of the Republic of Belarus, the Republic of Kazakhstan and Ukraine regarding the issue of normative regulation of the procedure for applying a measure of procedural coercion in the form of detention is carried out. The authors of the article emphasize the key aspect of the preventive measure in the form of detention in the form of its extraordinary impact on the observance of human and civil rights and freedoms in criminal proceedings. This circumstance is especially relevant in respect of the right of participants in criminal proceedings to freedom and personal inviolability. In this regard, theoretical concepts are considered and the content of international law on this issue is analyzed. The practical feasibility and normative possibility of using other, more humane methods of influencing suspects accused in criminal proceedings are analyzed. The article focuses on the normative procedure for the application of bail as an alternative procedural measure of isolating a person during detention in the legislation of the above states. The article analyzes the procedural features of the normative regulation of the use of pledge in the legislation of Ukraine and the Republic of Kazakhstan. The author's position on these issues, as well as proposals for optimizing the criminal procedural legislation of the Republic of Belarus regarding the regulation of the use of detention are formulated.

scholarly journals A COMPARATIVE LEGAL ANALYSIS OF CRIMINAL PROCEDURE LAWS OF RUSSIA AND THE REPUBLIC OF KAZAKHSTAN AIMED AT THE SEARCH FOR A WAY TO IMPROVE THE INSTITUTION OF SUSPICION

2020 ◽  
Vol 11 ◽  
pp. 68-72
Author(s):  
Olga S. Polikarpova ◽  
Keyword(s):  
Russian Federation ◽  
Criminal Procedure ◽  
Legal Analysis ◽  
Criminal Proceedings ◽  
Distinctive Features ◽  
Criminal Procedure Law ◽  
The Russian Federation ◽  
Russian Law ◽  
The Republic

The relevance of the article is due to the imperfection of the criminal procedure law of the Russian Federation in terms of the institution of suspicion. The author examines the distinctive features of the provisions of Russian law and the criminal procedure law of the Republic of Kazakhstan relating directly to the institution of suspicion and, in order to minimize permissible for criminal proceedings under Russian law, procedural violations, attention is drawn to the possibility of improving the reporting Institute by reforming criminal procedure law of the Russian Federation as a whole with a focus on the introduced in the criminal procedural legislation of the Republic of Kazakhstan the criminal procedural model.

PARTICIPATION OF AN INTERPRETER IN CRIMINAL PROCESS OF THE REPUBLIC OF UZBEKISTAN

2021 ◽  
Vol 6 (5) ◽  
pp. 97-103
Author(s):  
Nigora Abdurashitova ◽  
Keyword(s):  
Criminal Justice ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
Criminal Proceeding ◽  
Legal Assessment ◽  
Sufficient Knowledge ◽  
Court Proceedings ◽  
The Republic ◽  
The Right

The article examines the criminal procedural status of an interpreter as a guarantor of ensuring therights and freedoms of participants in criminal proceedings. It is known that in a multinational country, it is especially important to respect the right of a participant in a criminal proceeding to choose a language, to have a reliable and accurate translation of case materials. The author, through the analysis of legislative norms, tries to give a legal assessment to the translator, as a specialist, calledupon to clarify the provision of justice in pre-trial and court proceedings. According to the author, it is the competence of the translator in the criminal process, his knowledge of his rights and obligations, sufficient knowledge of special legal vocabulary that is the most important factor in achieving the goals set for criminal justice. The article contains proposals for improving the legalstatus of the translator

scholarly journals The proportion between covert investigative actions and operative-search activities

2019 ◽  
Vol 2019 (3) ◽  
pp. 144-151
Author(s):  
Ардак Карл ◽  
Ardak Karl
Keyword(s):  
Law Enforcement ◽  
System Analysis ◽  
Main Tool ◽  
Legal Analysis ◽  
Search Activity ◽  
Criminal Cases ◽  
Criminal Process ◽  
Distinctive Features ◽  
Solution Methods ◽  
The Republic

The article deals with a study of the Institute of covert investigative actions, which effectively operates in the legal systems of a number of CIS member States. The author has conducted a comparative legal analysis of the covert investigative actions introduced in the code of Criminal procedure of the Republic of Kazakhstan, with operative investigative measures requiring its assessment. In this regard, the author highlights the essence, values, main identical and distinctive features of covert investigative actions and operative investigative measures, identifies problems of their practical application and offers the author’s opinion on the solution. Methods: The study is based on the fundamental dialectical methods, in particular, on the method of system analysis, as well as on the use of special legal methods, such as formal legal and comparative legal ones. Results: on the basis of a consistent comparison of the regulatory material and existing achievements in law enforcement, the most significant aspects that determine the place of the main tool of the operative-search activity – operative-search measures within and outside the criminal process are identified. It is stated that a reliable platform for a legal involvement and a wide use of forms and methods of operative investigative activity in the process of proving in criminal cases has been created and successfully applied in the criminal process of Kazakhstan.

Basic principles of the prosecutor in criminal proceedings under Criminal Procedure Code of Ukraine

2016 ◽  
Vol 8 (1) ◽  
pp. 111-122 ◽  
Author(s):  
Ihor Rohatiuk
Keyword(s):  
Law Enforcement ◽  
Criminal Procedure ◽  
Legal Regulation ◽  
Criminal Proceedings ◽  
Basic Principles ◽  
Criminal Process ◽  
Criminal Proceeding ◽  
Procedure Code ◽  
The Times

Principles have always been the cornerstones of criminal proceedings’ legal regulation affecting all participants of criminal process. Taking into account the accelerated pace of current law enforcement reforming it is necessary to mention the prosecution institute and key role of criminal proceedings’ principles presenting scientific background for further empirical findings. The majority of these principles defines the priority growth directions of criminal process as well as creates friendly environment for behavioral aspects of criminal proceeding parties. This article provides comparative analysis of the existing criminal procedural principles of the prosecutor’s role in the criminal proceedings with specification of the legality principle as a requirement for all subjects of the criminal proceedings, including the prosecutor, to use the norms and provisions of legal acts correctly, to comply it consistently and perform accurately, explores the historical origins of these principles and their determinants’ origin starting from the times of Kievan Rus and its unique judicial system and proves that the adversarial principle is closely connected with dispositivity of prosecutor’s participation in criminal proceeding. An emphasis is placed on correlation between the ‘principles’ and ‘foundations’ terms examined by Ukrainian and Soviet scholars and its application in relation to the newly adopted Criminal Procedure Code of Ukraine.

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.

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 The Framework Convention for the Protection of National Minorities and Internalization: Lessons from the Western Balkans

2021 ◽  
Vol 46 (1) ◽  
pp. 1-40
Author(s):  
Elizabeth Craig
Keyword(s):  
Comparative Analysis ◽  
Western Balkans ◽  
Divided Societies ◽  
Precise Form ◽  
Community Rights ◽  
National Minorities ◽  
The Republic ◽  
Domestic Law

Abstract The precise form of internalization of the provisions of the Council of Europe’s Framework Convention for the Protection of National Minorities in domestic law is crucial in ensuring its long-term effectiveness. Experiences in the Western Balkans raise important questions about the role of minority (or community) rights legislation in deeply divided societies. This article uses the case-studies of Bosnia and Herzegovina, Kosovo and the Republic of North Macedonia to highlight key themes and limitations that have emerged. Comparative analysis reveals a surprising divergence of approaches to internalization in the region. The article further demonstrates that the ‘nation-cum-state paradigm’ remains prevalent, despite the premise of universality. It argues that such legislation can play an important symbolic and practical role, but that legal internalization needs to be seen as an ongoing process. It concludes that attention needs to be given to ensuring the continued particularization and adaptation of such legislation in light of both the limitations and changing circumstances, providing a key lesson also for other divided societies.

scholarly journals Tłumacz ustny w postępowaniu karnym

2021 ◽  
Vol 27 (4(54)) ◽  
pp. 99-115
Author(s):  
Katarzyna Liber-Kwiecińska
Keyword(s):  
Working Conditions ◽  
Criminal Proceedings ◽  
Criminal Proceeding ◽  
Work Station ◽  
International Regulations

Interpreter in Criminal Proceeding This article presents the role of an interpreter in criminal proceedings, Polish and international regulations governing the obligation to appoint an interpreter for criminal procedural activities, the problems of interpreters’ cooperation with justice authorities, and the results of a survey on the experiences of sworn interpreters who provide interpreting services to the Police, the prosecutor’s office, and the courts in criminal proceedings in the following aspects: ensuring safety in the course of the activities, expectations of foreigners and authorities’ representatives towards the interpreter, preparing the interpreter’s work station and ensuring appropriate working conditions, as well as agreeing upon an appropriate remuneration for interpreters. A total of fifty-five sworn interpreters who regularly provide interpreting services to justice authorities took part in the survey. Their task was to complete a questionnaire consisting of fourteen questions, half of which were closed single-choice questions and the rest were open-ended questions.

scholarly journals The Role of the Prosecutor in the Prevention and Elimination of Investigative Errors: Russian and German Experience

2018 ◽  
Vol 12 (3) ◽  
pp. 424-430 ◽  
Author(s):  
Holm Putzke ◽  
Aleksey Tarbagaev ◽  
Аleksandr Nazarov ◽  
Ludmila Maiorova
Keyword(s):  
Criminal Court ◽  
Criminal Prosecution ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
Police Investigation ◽  
Leading Role ◽  
Procedure Code ◽  
Protection Of Human Rights ◽  
Court Proceedings

The paper is devoted to the prevention, identification and correction of mistakes during the preliminary criminal investigation because establishing the offence and all the circumstances that constitute evidence forms the basis for a just verdict, helps prevent crimes against justice and reach other goals of punishment. The authors present the conceptual and normative background for the model of permanent prosecutors supervision as the dominant control and supervision activity in the pre-trial criminal proceedings that allows to effectively implement the strategies of criminal prosecution and protection of human rights. This model establishes the authority of the prosecutor for the procedural management of the criminal prosecution in the criminal process as a significant supervision authority. The tasks of identifying, correcting and preventing (not making) mistakes in pre-trial investigations are equally urgent in Russia and in Germany. Although the Criminal Procedure Code of Germany gives the prosecutors office the leading role in the investigation, in practice the investigation is more often carried out by the police while the role of the prosecutor is reduced to summarizing the results of the police investigation and making the final decisions. At the same time, the prosecutors office has considerable powers of discretion regarding the initiation or non-initiation of criminal prosecution, the prosecutor uses his/her own discretion to determine the procedure and method of investigation. It is important to examine some aspects of the prosecutors role in German criminal court proceedings within the framework of correcting investigation mistakes in Russian criminal process. The model of prosecutors supervision presented in the paper does not preclude the legislative provisions for the transfer of some authority of the court to the prosecutor at the pre-trial stages of the criminal process. This model of prosecutors supervision allows timely and effective identification, correction and prevention of investigation mistakes at the pre-trial stages of criminal court proceedings.

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