scholarly journals Improving the efficiency of prosecutorial supervision for the legality of the criminal procedural activities of the institutions of the Federal Penal Service of Russia during the preliminary investigation

2020 ◽  
Vol 14 (3) ◽  
pp. 381-388
Author(s):  
S.N. Kunitsin ◽  
Keyword(s):  
Preliminary Investigation ◽  
Criminal Procedure ◽  
Legal Regulation ◽  
Criminal Case ◽  
Effective Mechanism ◽  
Criminal Procedure Law

The article analyzes the features of the criminal procedural activities of the institutions of the Federal Penal Service of Russia during the preliminary investigation. Based on the results of the analysis, it is concluded that the latter is truncated and consists of two components: the initiation of a criminal case for the production of urgent investigative actions and the execution of orders to carry out certain investigative actions. The specificity of the criminal procedural activity of this subject of the prosecution determines the peculiarities of the prosecutor’s supervision over the legality of its implementation. The current legislation actually excluded the prosecutor from the mechanism for initiating a criminal case and conducting urgent investigative actions, which reduces the effectiveness of prosecutorial supervision in this area and reduces the level of legality. Also, there is no effective mechanism for prosecutorial supervision over the legality of the execution of orders by officials of institutions of the Federal Penal Service of Russia to conduct certain investigative actions. By analyzing the provisions of the legislation, it is concluded that there are shortcomings in the legal regulation of the procedure for exercising prosecutorial supervision over the legality of the criminal procedural activities of the institutions of the Federal Penal Service of Russia during the preliminary investigation at the level of both criminal procedure law and departmental regulation. In order to eliminate the noted shortcomings, appropriate amendments to the legislation are proposed.

scholarly journals Draft Law on Criminal Misconduct given the German Experience of Legal Regulation

Lex Russica ◽  
2021 ◽  
pp. 133-141
Author(s):  
Ya. M. Ploshkina ◽  
L. V. Mayorova
Keyword(s):  
Criminal Liability ◽  
Criminal Procedure ◽  
Legal Regulation ◽  
Criminal Case ◽  
Criminal Prosecution ◽  
Criminal Offense ◽  
Legal Nature ◽  
Criminal Procedure Law ◽  
The Right ◽  
A Minor

The paper considers the second attempt made by the Supreme Court of the Russian Federation in terms of introducing the concept of criminal misconduct into the Russian criminal and criminal procedure legislation, examines the goals of its introduction. The authors conclude that the introduction of a criminal offense in the draft law No. 1112019-7 will entail the need to review some approaches in Russian law: the legal nature of the crime, the ratio of a criminal offense with a minor act and an administrative offense, the elements of a crime with administrative prejudice, the principle of justice. It seems possible to achieve procedural effectiveness, reduce the burden on judges and protect the rights of victims without introducing a criminal offense within the existing criminal and criminal procedural mechanisms related to exemption from criminal liability and expansion of non-rehabilitating grounds for termination of a criminal case or criminal prosecution. It seems possible to use the already established categorization of crimes in relation to crimes of small and medium gravity. In terms of expanding the grounds for terminating a criminal case or criminal prosecution, it is appropriate to use the experience of the German legislator, which provides for the possibility of terminating criminal prosecution on grounds of expediency when the accused fulfills various duties and regulations assigned to him. In German criminal procedure law, the termination of criminal prosecution on grounds of expediency when assigning duties or prescriptions to the accused is the right of the relevant officials and bodies, and not their obligation, since in fact it is an alternative to criminal prosecution. This will allow it to be terminated at a certain stage in the case when there are all legal grounds for criminal prosecution.

scholarly journals Digital rights persons carrying out a preliminary investigation

2021 ◽  
pp. 108-115
Author(s):  
A. N. Pershin
Keyword(s):  
Private Information ◽  
Human Life ◽  
Preliminary Investigation ◽  
Criminal Procedure ◽  
Criminal Case ◽  
The Internet ◽  
Data Sets ◽  
Significant Information ◽  
Digital Rights ◽  
Criminal Procedure Law

The emergence of the Internet and intangible digital objects of value to humans led to the proclamation of the concept of “digital human rights” in civil substantive law. In criminal procedure law this term is not absent. In this case, the investigator collects information about the circumstances to be proved in a criminal case under the conditions of digitalization of all human life processes. The Internet network has combined a large number of data sets of government agencies, commercial organizations, and individuals. The investigator’s access to these data sets and their study would allow optimizing the investigator’s activities by quickly collecting the necessary information for the criminal case and using it as evidence. To this end, the article gives the concept of” digital rights “ of an investigator, suggests an approach to creating such rights in criminal procedure legislation, and defines the problems of organizing the collection of criminally significant information from public and private information systems on the Internet. 

Pre-trial proceedings in a criminal case: the nature and methods of collecting evidence

2021 ◽  
Author(s):  
Sergey Rossinskiy
Keyword(s):  
Law Enforcement ◽  
Preliminary Investigation ◽  
Legal Regulation ◽  
Criminal Case ◽  
Judicial Control ◽  
Security Technologies ◽  
General Rules ◽  
Criminal Procedure Law ◽  
Evidence Collection ◽  
Trial Evidence

The monograph is devoted to a comprehensive review of the problems of pre-trial evidence collection as one of the stages of the general procedural mechanism aimed at establishing the circumstances relevant to the criminal case. The essence, methodological basis and system of investigative actions, forensic examinations and other procedural methods of collecting evidence that make up the modern arsenal of bodies of inquiry and preliminary investigation are investigated. The main cognitive and security technologies used in conducting investigative and other procedural actions are highlighted. The problems of the theory and legal regulation of the general rules of their implementation, the procedural status of their participants, fixing their progress and results, judicial control over their production are reflected; the actual problems of investigative inspection, examination, search, interrogation, confrontation, forensic examination, as well as the presentation, demand and seizure (seizure) of objects and documents are considered. Special attention is paid to the applied aspects, the analysis of errors and difficulties that arise in modern law enforcement practice, and possible ways to overcome them are proposed. For researchers and practitioners, teachers, postgraduates( adjuncts), students, as well as anyone interested in topical issues of criminal procedure law and criminology.

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 INTERROGATION OF THE VICTIM, THE WITNESS UNDER A PSEUDONYM IN PRE-JUDICIAL AND JUDICIAL PRODUCTIONS (CRIMINAL PROCEDURE AND CRIMINALISTIC ASPECTS)

2019 ◽  
Vol 29 (4) ◽  
pp. 480-486
Author(s):  
A.Yu. Epikhin ◽  
A.V. Mishin
Keyword(s):  
Preliminary Investigation ◽  
Criminal Procedure ◽  
Criminal Case ◽  
Criminal Prosecution ◽  
Criminal Proceedings ◽  
Judicial Practice ◽  
Current State ◽  
Criminal Procedure Law ◽  
The Republic ◽  
Practical Recommendations

Ensuring the safety of victims, witnesses in a criminal case allows to carry out the main objectives of criminal prosecution. Interrogation as one of the main investigative actions allows to record important information of evidentiary nature in the case. Currently, there is a sufficient number of proven forensic recommendations for tactics of interrogation of the victim, the witness in pre-judicial production. At the same time, interrogation of such participants of criminal proceedings under a pseudonym in preliminary investigation and, especially in court session, in terms of criminalistics is poorly studied. The article discusses problematic issues of the current state of the organization and tactics of interrogation under a pseudonym of the protected person in pre-judicial and judicial criminal case productions. The authors have proposed variable tactical solutions on production of interrogation of this type, practical recommendations for the persons conducting proceedings, as well as formulated proposals aimed at improving the effectiveness of the law enforcement of the criminal procedure law. The data of generalization of investigatory and judicial practice in the Republic of Tatarstan have been used.

scholarly journals The Interaction of the Investigator, the Head of the Investigative Body and the Prosecutor in the Initiation and Implementation of Criminal Prosecution

Legal Concept ◽  
2021 ◽  
pp. 41-48
Author(s):  
Valentina Lazareva
Keyword(s):  
Russian Federation ◽  
Negative Impact ◽  
Preliminary Investigation ◽  
Criminal Procedure ◽  
Legal Regulation ◽  
Criminal Case ◽  
Criminal Prosecution ◽  
Legal Concept ◽  
Procedure Code ◽  
The Russian Federation

Introduction: criminal prosecution is a specific legal concept that means a certain type of law enforcement activity. Having introduced this concept into legal use, the Criminal Procedure Code of the Russian Federation pointed to the purpose of this activity – the exposure of a suspect accused of committing a crime (Paragraph 56 of Article 5), its compliance with the scheduling criminal proceedings (Part 2 of Article 6), types (Chapter 3) and subjects (Chapter 6). The content of this activity, the methods of its implementation indicate that the criminal prosecution coincides with the procedural activities of the inquirer, investigator and prosecutor, that is, it is carried out through the performance of each of the named persons of their powers. This allows us to put forward and substantiate the thesis that a preliminary investigation is a criminal prosecution carried out in the procedural form of a proceeding or inquiry, that is, an activity aimed at identifying and exposing a person, a suspect, or an accused of committing a crime, whose efficiency depends on a properly organized procedural interaction of the entities carrying out this activity, which together form the prosecutorial power of the state. The purpose of the study: to identify the reasons for the lack of effective cooperation of the criminal prosecution authorities and suggest the ways to eliminate them. The objectives of the study: to characterize the role (function) of the bodies, inquiry, investigation, prosecutor’s office in pre-trial proceedings in a criminal case, to formulate and base the conclusion that pre-trial proceedings in a criminal case are a form of criminal prosecution as a common type of criminal procedural activity for the inquirer, investigator and prosecutor. The dialectical, logical, systematic, structural-functional and other general scientific research methods were used in the preparation of the paper; as well as the comparative-legal, formal-legal and other specific scientific methods. Results: the paper shows that the reform of the preliminary investigation bodies, which resulted in the removal of investigators from administrative subordination to the prosecutor, the redistribution of powers between the prosecutor and the head of the investigative body in favor of the latter, did not lead to the expected increase in the procedural independence and independence of the investigator, but had a negative impact on the level of legality of pre-trial proceedings. The amendments made to the Criminal Procedure Code of the Russian Federation in 2007 and later proved to be insufficiently thought out; they are not logical and do not conform well with other norms of criminal procedure law. The shortcomings of the legal regulation of the procedure for exercising the powers of the head of the investigative body and the prosecutor, their interaction with the investigator and among themselves, were only partially corrected by Law No. 404-F of December 28, 2010. Conclusions: the need to improve the efficiency of interaction of the investigator with the head of the investigative body and the prosecutor requires a serious revision of a number of norms of the Criminal Procedure Code of the Russian Federation.

scholarly journals Pre-trial agreement on cooperation in a criminal case: on some common problems and the role of the prosecutor in their solution

2021 ◽  
Vol 27 (3) ◽  
pp. 244-248
Author(s):  
Fedor Mikhailovich Kobzarev
Keyword(s):  
Russian Federation ◽  
Criminal Procedure ◽  
Legal Regulation ◽  
Change Implementation ◽  
Criminal Case ◽  
Criminal Cases ◽  
Scientific Methods ◽  
Criminal Procedure Law ◽  
General Scientific ◽  
The Russian Federation

The article deals in a generalised form with the problems associated with the conclusion, change, implementation and termination of the agreement on cooperation in criminal cases. Based on the results of the analysis of these problems and publications on these issues, various options for their solution are proposed. At the same time, the main attention is paid to the role and importance in the implementation of the norms of this institution of the prosecutor, the insufficiency of its powers to improve the effectiveness of the application of the pre-trial agreement. The author sets the task to form a set of proposals to improve the legal regulation of the procedure for the prosecutor's actions, its participation in proving compliance with the conditions and fulfillment of obligations by the suspect, accused under the pre-trial agreement, in proving the guilt of accomplices in a crime committed by a person in respect of whom the criminal case is allocated in a separate proceeding in connection with the conclusion of a pre-trial agreement. The study used general scientific methods (analysis, deduction) and private scientific methods (formal-logical, comparative law, etc.). As conclusions, it is proposed to make a number of additions to the criminal procedure law, including Part 2 of Article 74 of the Code of Criminal Procedure of the Russian Federation and introduce a new norm – Article 79.1 of the Code of Criminal Procedure of the Russian Federation, as well as to take certain organisational measures.

scholarly journals Prosecutor’s Decision as a Cause for Initiating Criminal Proceedings: Problems of Improving the Legislation

Legal Concept ◽  
2019 ◽  
pp. 131-139
Author(s):  
Natalia Solovyova ◽  
Altyn Ilyasova
Keyword(s):  
Russian Federation ◽  
Preliminary Investigation ◽  
Criminal Procedure ◽  
Criminal Case ◽  
Criminal Prosecution ◽  
Legal Analysis ◽  
Criminal Proceedings ◽  
Criminal Procedure Law ◽  
The Russian Federation ◽  
Compliance With The Law

Introduction: in the paper the authors reveal the essence of one of the causes for initiating a criminal case, the socalled fourth cause with the title “the prosecutor’s decision to send relevant materials to the preliminary investigation body to resolve the issue of criminal prosecution”; actual problems associated with the implementation of the powers of the Prosecutor’s office at the stage of initiating a criminal case; the essence of the supervisory powers of the Prosecutor’s office (Prosecutor) at the stages of criminal proceedings. Addressing this topic is due to the main purpose – the consideration of the concept of “prosecutor’s decision as a cause for initiating a criminal case” in the criminal procedure legislation of the Russian Federation, as well as the study of topical problems of implementing the powers of the Prosecutor’s office (prosecutor) when considering the issue of ensuring compliance with the principle of legality at all the stages of criminal proceedings. Methods: the methodological framework for the study was the general scientific method of cognition, including the principle of objectivity, consistency, induction and deduction. In the context of this method and in connection with it, the general logical methods of theoretical analysis and specific scientific methods (comparative law, technical and legal analysis, concretization, interpretation) were used. Results: considering the concept of “prosecutor’s decision as a cause for initiating a criminal case”, the authors drew attention to the role of the prosecutor in making the relevant decision on the activity management of the preliminary investigation body, indicated, that in criminal procedure law of this state the most important function of the Prosecutor’s office (prosecutor) is the supervision over compliance with rule of law by all the bodies and officials, by virtue whereof, in practice, the implementation of two mutually exclusive powers of the Prosecutor’s office (prosecutor) can lead to the imbalance in the full implementation of the principles of criminal procedure at all procedural stages. Conclusions: as a result of the study, the authors come to the conclusion that in order to implement fair justice at the stages of criminal proceedings, it is necessary to make appropriate changes in the criminal procedure legislation of the Russian Federation, since the combination in one body of powers to initiate criminal proceedings (in particular, sending a corresponding resolution to the preliminary investigation body to resolve the issue of criminal prosecution) and the powers to supervise over compliance with the law by the preliminary investigation bodies is impossible in practice; it requires additional research and appropriate changes.

scholarly journals Problems of Legal Regulation and Organization Mortgages of Loaded or Handed in Storage in Things Pawn Shop

2020 ◽  
Vol 4 (91) ◽  
pp. 94-99
Author(s):  
K.V. Muravyev ◽  
◽  
A.B. Sokolov ◽  
D.S. Merlakov ◽  
◽  
...  
Keyword(s):  
Criminal Procedure ◽  
Legal Regulation ◽  
Court Decision ◽  
Criminal Case ◽  
Court Order ◽  
Legal Regime ◽  
Judicial Practice ◽  
Criminal Procedure Law ◽  
Commercial Organization ◽  
Organizational Problems

The issues of legal regulation of the seizure of pledged or deposited in a pawnshop things, as well as related activities aimed at preventing the commission of new crimes are considered. Conditions are established under which objects located in a specialized commercial organization are not pledged or deposited. The conclusion is made about the legal regime for the protection of information contained in the loan agreement. The procedure for withdrawing a pledge ticket at a pawnshop is defined. The analysis of the criminal procedure law, the positions of scholars and judicial practice regarding the possibility of seizing a pawnshop before initiating a criminal case, as well as the need for a court decision to conduct a search in the specified organization is given. It is concluded that the production of a seizure in a pawnshop before a criminal case is unacceptable; regardless of the type of investigative action involving the seizure of a thing pledged or deposited in a pawnshop, a court order is required. Cases are indicated when an alternative to a seizure can be a search at a pawnshop. Recommendations are offered on improving the procedure for seizing pledged or deposited items in a pawnshop. Recommendations have been prepared aimed at minimizing the possibility of making mistakes regarding each of the identified typical organizational problems of the production of a seizure (search) in a pawnshop. The optimal content of information in the petition of the investigator before the court on the seizure of the pledged or deposited in the pawnshop thing is determined. Recommendations on the adoption of effective measures aimed at eliminating the causes and conditions conducive to the commission of crimes in the implementation of activities by a pawnshop.

scholarly journals Ending of the inquiry in an abbreviated form with an indictment

2021 ◽  
Vol 7 (2) ◽  
pp. 77-82
Author(s):  
A. V. Shuvatkin
Keyword(s):  
Final Stage ◽  
Preliminary Investigation ◽  
Criminal Procedure ◽  
Legal Regulation ◽  
Criminal Prosecution ◽  
Criminal Proceedings ◽  
Legal Questions ◽  
Criminal Procedure Law ◽  
Factual Data

The ending of preliminary investigation is final stage of pre-trial criminal proceedings, consisting in the preparation of materials by the person conducting the preliminary investigation, and the transfer of these materials to the prosecutor. This article is devoted to topical issues of the ending the inquiry in an abbreviated form, in particular, the problematic issues related to the compilation of the indictment. The analysis made it possible to establish that the indictment is the procedural decision of the inquiry officer who completes the criminal prosecution when conducting the inquiry in an abbreviated form in which he, in the form of a state-imperious command, within the limits of his competence and in accordance with the criminal procedure law, on the basis of the factual data established in the case, gives answers to the legal questions arising in the case about the guilt of the person who committed the crime. In addition, significant shortcomings in the legal regulation of the procedure for ending an inquiry in an abbreviated form with the indictment have been identified, which are discussed in this article.

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