scholarly journals LEGISLATIVE AND LAW ENFORCEMENT CHALLENGES OF EXTRADITION IN THE CRIMINAL PROCESS

2021 ◽  
Author(s):  
Т.И. Гарипов
Keyword(s):  
Law Enforcement ◽  
Criminal Process

Введение: в статье рассмотрены основные законодательные и правоприменительные проблемы экстрадиции в современном уголовном процессе России. Актуальность настоящего исследования заключается в необходимости укрепления международного сотрудничества в сфере уголовного судопроизводства, в особенности при организации розыска, задержания и передачи лиц, скрывшихся от уголовного преследования на территории иностранных государств. Необходимость тщательного анализа нормативно-правовой базы и правоприменительной практики такого сотрудничества отражает потребность современного общества в укреплении законности и правопорядка. Материалы и методы: в ходе исследования были использованы действующие нормативные акты и научные публикации по рассматриваемой теме. В ходе анализа материалов исследования были использованы общенаучные и частнонаучные методы познания государственно-правовой действительности, отражающие содержание рассмотренных правовых институтов. Результаты исследования: в результате исследования были проанализированы нормативные положения и правоприменительная практика института экстрадиции на современном этапе развития отечественного уголовного процесса. Подняты проблемы отдельных аспектов выдачи лиц для уголовного преследования, а также продемонстрирована взаимосвязь правовых норм института экстрадиции с другими институтами уголовно-процессуального права. Обсуждение и заключения: сформулированы соответствующие выводы о необходимости дальнейшего совершенствования правовой регламентации экстрадиции в уголовном судопроизводстве, а также предложены изменения в действующий уголовно-процессуальный закон для устранения некоторых правовых пробелов в рассматриваемой сфере деятельности правоохранительных органов.

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 CRIMINAL PROCEDURAL CAPACITY OF JUVENILE SUSPECTS AND ACCUSED

2019 ◽  
pp. 34-36
Author(s):  
A.I. Teregulova ◽  
E.V. Yezhova
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Procedure ◽  
Legal Representative ◽  
Criminal Process ◽  
The Russian Federation ◽  
Juvenile Suspects

The article deals with the issue of criminal procedural capacity of juvenile suspects, accused. The conclusion is made about the expediency of introducing into the scientific circulation the concepts of “criminal procedure capacity”, “partial criminal procedure capacity”. Based on the study of doctrinal sources, law enforcement practice, the authors come to the conclusion that at the legislative level it is necessary to provide for the termination of the powers of such participants in the criminal process as a legal representative, teacher (psychologist), if the suspect or accused person is under 18 years old. A draft amendment to Part 3 of Art. 420 Code of Criminal Procedure of the Russian Federation.

scholarly journals Concept and structure of the special forces of operative-search activity

2019 ◽  
Vol 73 (2) ◽  
pp. 69-74
Author(s):  
В. М. Давидюк
Keyword(s):  
Law Enforcement ◽  
International Experience ◽  
Structural Elements ◽  
Search Activity ◽  
Law Enforcement Agencies ◽  
Special Forces ◽  
Criminal Process ◽  
Separate Category ◽  
The Law ◽  
Definition Of

Some essential aspects of the concept of “special forces of operative and search activity” have been revealed, as well as their structural elements have been outlined. Information to clarify the content of the concept of “special forces of operative and search activity” and its certain components has been systematized. The author has studied the interpretation of the relevant components of this term in the literature, as well as taking into account the practical aspects of the organization of operative and search activities. The relevant international experience has been analyzed. Attention has been paid to the fact that only those persons, who cooperate with law enforcement agencies on a confidential basis are logically treated as special forces of operative and search activity. Some aspects of the application of special forces of operative and search activity have been revealed. Emphasis has been placed on ensuring secrecy and confidentiality in the use of special forces of operative and search activity. It has been emphasized that in case of the fulfillment of the tasks of operative and search activity such forces get a special attitude from the law enforcement agencies. The author has attempted to classify such forces, and has defined the attributes relevant to them. Based on the research, the definition of special forces of operative and search activity has been provided – it is a separate category of forces of operative and search activity, which does not belong to the subjects of operative and search activity, but indirectly and on a confidential basis promotes the fulfillment of tasks of operative and search activity and criminal process. The author has substantiated that disclosing party and anonymous author, who provide information on a confidential basis, belong to special forces of operative and search activity.

scholarly journals Current problems of the institute of extradition in modern criminal proceedings Russian Federation

2020 ◽  
pp. 126-135
Author(s):  
S. V. Matveev ◽  
S. M. Kolotova
Keyword(s):  
Law Enforcement ◽  
International Cooperation ◽  
Russian Federation ◽  
Legal Regulation ◽  
Theory And Practice ◽  
Criminal Proceedings ◽  
Law Enforcement Agencies ◽  
Criminal Process ◽  
Legislative Framework ◽  
The Russian Federation

The Institute of extradition is one of the most important areas of international cooperation in the fight against crime, since this tool ensures the achievement of the fundamental principles of the criminal process, which include: the restoration of the rights of the victim violated by the crime, the application of fair punishment to the criminal, despite the differences in the legal regulation of this issue in the jurisdiction of different States. However, should the legal regulation currently, this institution does not have, and therefore the activities of law enforcement agencies in this part cause certain difficulties.The article analyzes some features of the legal regulation of the institution of extradition in the criminal process of the Russian Federation, identifies current problems of theory and practice of application. In addition, the author suggests ways to solve the problems of legal regulation of this institution. Attention is focused on the need to make changes not only to the legislative framework, but also to modernize the extradition mechanism itself. In addition, the current issues that arise in the course of the extradition procedure, both at the request of the Russian Federation and foreign States, are considered. 

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.

scholarly journals TOLAK UKUR PENILAIAN PENGGUNAAN DISKRESI OLEH POLISI DALAM PENEGAKAN HUKUM PIDANA

2012 ◽  
Vol 1 (1) ◽  
pp. 147
Author(s):  
Abbas Said
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Public Interest ◽  
Legal Interpretation ◽  
Police Discretion ◽  
Criminal Process ◽  
Enforcement Policy ◽  
Common Interests ◽  
The Law

Basically, the law works by providing boundaries. In the context of law enforcement by the police, the constraints in the form of control over the police in freedom Protect the order or stop crime. But there is a different reality when police faced with a reality in which the law could not answer the problem. In this position the use of discretion by police do legal interpretation as a bridge between the law with social objectives. The question that arises then is used is not appropriate discretion and not in accordance with the purposes of the law itself. The benchmark police discretion based on common interests or the interests of society at the level of practice is still very abstract to be applied in the implementation of police discretion related to criminal law enforcement policy. Because the benchmark Criteria or public interest in the use of police discretion are still abstract, causing authorities use discretion in some cases criminal process misapplied. Keywords: Discretion, Police

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.

scholarly journals Involvement of a Specialist in Criminal Proceedings: A Defense Party’s Duty, Right or Opportunity

2020 ◽  
Vol 15 (4) ◽  
pp. 82-89
Author(s):  
A. P. Bozhchenko ◽  
I. M. Nikitin
Keyword(s):  
Law Enforcement ◽  
Criminal Procedure ◽  
Criminal Proceedings ◽  
Law Enforcement Agencies ◽  
Criminal Process ◽  
Probative Value ◽  
Procedural Law ◽  
Professional Duty ◽  
Expert’S Opinion ◽  
Further Development

The article reviews the contradictions between the procedural law and an attorney’s professional duty to use an opinion of a knowledgeable person in the system of criminal procedure protection. The paper provides an analysis of the problems and difficulties arising in the implementation of this right in the criminal process leading to violation of the equality and adversarial principles: the optionality of the defense’s right to involve a specialist; the biased attitude of law enforcement agencies to the expert presented by the defense; the desire to diminish the probative value of the specialist’s conclusion and testimony; the absence of an obligation for an investigator and court in all cases to attach the expert’s opinion to the case. The author emphasizes how important it is for all the participants in the criminal process to understand the expert’s opinion and testimony’s independent evidentiary value. Proposals that contribute to the legal specificity and further development of the specialist institution within the framework of the fundamental principles of competition and equality of the parties are presented.

Human Dignity in the Criminal Process: The Example of Truth-Finding

2011 ◽  
Vol 44 (1-2) ◽  
pp. 185-198 ◽  
Author(s):  
Winfried Hassemer
Keyword(s):  
Law Enforcement ◽  
Human Dignity ◽  
Criminal Procedure ◽  
Plea Bargaining ◽  
Criminal Process ◽  
Truth Finding ◽  
New Instruments

The search for truth lies at the basis of German criminal procedure. Human dignity can be protected by basing criminal judgments on the truth, and human dignity must be protected against overreach by law enforcement agents in their effort to determine the truth. New instruments of investigation, including secret methods and measures affecting non-suspects, jeopardize human dignity. The same is true for plea bargaining, which signifies the abandonment of the search for the truth in the criminal process.

scholarly journals Fair trial in criminal matters: un standards and factors of transformation of its Russian model

2020 ◽  
Vol 7 (2) ◽  
pp. 52-65
Author(s):  
Andrey A. Timoshenko
Keyword(s):  
Law Enforcement ◽  
Point Of View ◽  
International Standards ◽  
Criminal Process ◽  
Factors Affecting ◽  
Legal Proceedings ◽  
Scientific Discussion ◽  
Criminal Matters ◽  
International Conventions ◽  
Analysis Models

Based on an analysis of international standards in the field of justice discussed at the 13 UN Congresses on Crime Prevention and Criminal Justice since 1950, the article examines the characteristics of the ideal model of a fair criminal process from the point of view of the world community. In the context of a fairly broad understanding of the sign of justice, both at the level of national law enforcement bodies and in the context of the application of international acts by various intergovernmental organizations, it is quite important to isolate the key signs of justice. The author studied not only the International Conventions and Declarations discussed at the Congresses, but also their working documents, which made it possible to more accurately determine the desired vector of development of national legislation in its movement toward building a more just criminal process. The conclusions drawn in the work based on the results of the study can be used in lawmaking, as well as be the subject of scientific discussion of the acceptability of the recommendations of the international community for the purposes of effective lawmaking and law enforcement. The author also proposes to take into account the identified factors affecting the fairness of legal proceedings when building scenario analysis models regarding the future transformation of the judicial system in connection with its global digitalization.

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