scholarly journals The role of international bodies and organizations in the development of legal framework for application of video conferencing in criminal proceedings of the Russian Federation

2021 ◽  
pp. 31-41
Author(s):  
Mariia Aleksandrovna Iurkevich
Keyword(s):  
International Law ◽  
Russian Federation ◽  
Video Conferencing ◽  
Criminal Procedure ◽  
Legal Framework ◽  
Legal Regulation ◽  
International Agreements ◽  
Criminal Proceedings ◽  
Short Period ◽  
The Russian Federation

Legal regulation of the use of video technologies in the Russian criminal procedure is conducted on the international and domestic levels. However, based on the primacy of international law recognized by the Russian Federation, the marker is the position of international community that is reflected in the normative legal acts of its special bodies, as well as on the doctrinal level. This article carries out the chronological analysis of the acts issued by international bodies and organizations pertaining to the use video conferencing in criminal proceedings. The subject of this research is the acts of international bodies and organizations that underlie the development of the national legal framework for the use of video conferencing in the Russian Federation. The analysis of normative acts that regulate the use of video conferencing in the Russian criminal procedure demonstrate that for the most part this question is being addressed in the international agreements ratified by the Russian Federation, rather than in the national legislation (considering the provisions of the Part 3 of the Article 1 of the Criminal Procedure Code of the Russian Federation). Leaning on the acquired results, the author concludes that such tendency can be explained by a number of circumstances, namely lag in the rates of digitalization compared to the leading European practices, insignificant period of approbation of the results of using video technologies, as well as relatively short period of intensive implementation of such technologies due to the amendments in criminal procedure policy of the country, which now requires exhaustive normative regulation. The author believes that it is more appropriate to begin the analysis of normative acts that determine the legal framework for application of video conferencing in criminal proceedings of the Russian Federation with the general principles and norms of international law and international agreements, since their role in intensification of the process of digital transformation of criminal procedure in Russia cannot be overestimated.

scholarly journals ON THE DEFECTS OF LEGAL REGULATION OF THE CONCEPT OF LIABILITY FOR TAX OFFENCES

2020 ◽  
Vol 15 (1) ◽  
pp. 164-182
Author(s):  
Zhanna A. Nikolaeva
Keyword(s):  
Russian Federation ◽  
Tax Evasion ◽  
Criminal Procedure ◽  
Legal Liability ◽  
Legal Regulation ◽  
Criminal Proceedings ◽  
The Russian Federation ◽  
The Law

The author analyzes the content of interrelated tax norms, administrative and criminal laws, which constitute the concept of liability for tax offences. The analysis makes it possible to identify the elements that cause non-compliance with the foundations of legal liability in criminal proceedings: its inevitability, equality of everyone before the law and the court, justice. Representatives of small and medium- sized businesses are placed in unequal, discriminatory circumstances in comparison with large businesses. In addition, the legislation on taxes and fees contains provisions which create obstacles for the operation of criminal and criminal procedure laws. Many instances of tax evasion, the non-payment of fees and/or insurance fees in large and especially large amounts revealed by tax services do not become known to investigative bodies. In this case, the principle of the priority of sectoral legislation ceases to work, since in criminal proceedings the provisions of the Tax Code of the Russian Federation cancel out the effect of the norms which are common to all types of crimes and express the foundations of a particular sector of law. This paper substantiates the need to improve the concept of liability for violations of the legislation on taxes and fees.

scholarly journals The subject of judicial control in consideration of complaints: controversial issues of legal regulation

2021 ◽  
Vol 2021 (2) ◽  
pp. 104-109
Author(s):  
El'vira Mirgorodskaya
Keyword(s):  
Russian Federation ◽  
Criminal Procedure ◽  
Legal Regulation ◽  
Criminal Prosecution ◽  
Constitutional Court ◽  
Constitutional Rights ◽  
Criminal Proceedings ◽  
Procedure Code ◽  
The Subject ◽  
The Russian Federation

The purpose of this study was an attempt to theoretically understand the subject of judicial consideration of complaints against decisions, actions (inaction) of officials carrying out criminal prosecution. The research was carried out on the basis of comparative legal, formal logical, empirical, statistical methods. Judicial statistics for the year 2020 have been provided, and legislation has been studied from a historical and contemporary perspective, taking into account the practice of the Constitutional Court of the Russian Federation. The problem is that, in practice, for about 20 years the courts have had difficulties in determining the subject of complaints, since neither in theory nor in practice a consensus has been developed on this issue. The Criminal Procedure Code of the Russian Federation also does not contain a definition of the concept of «subject matter». The situation is aggravated by the presence of evaluative concepts in the text of the law, leading to a varied understanding of the subject of appeal by the courts, which leads to a violation of the constitutional rights of citizens at the pre-trial stages of criminal proceedings. In the article, taking into account the analysis of the practice of the Constitutional Court of the Russian Federation, legislation and the opinion of scientists, a recommendation was made to amend the Criminal Procedure Code of the Russian Federation to specify the subject of consideration of complaints in accordance with Art. 125 of the Criminal Procedure Code of the Russian Federation in order to eliminate existing contradictions in practice and increase the level of protection of individual rights in pre-trial proceedings.

scholarly journals To the admissibility of the civil law exemption of property from arrest, imposed in the criminal proceedings: domestic and foreign experience

2017 ◽  
Vol 1 (3) ◽  
pp. 190-200
Author(s):  
Natalia Kashtanova
Keyword(s):  
Russian Federation ◽  
Criminal Procedure ◽  
Legal Regulation ◽  
Civil Procedure ◽  
Criminal Case ◽  
Criminal Proceedings ◽  
Procedure Code ◽  
Civil Proceedings ◽  
The Russian Federation ◽  
Judicial Protection

The subject of paper deals with the legal nature of measures of criminal procedural compulsionin the form of seizure of property.Methodological basis of the article is based on general scientific dialectical methods of cognitionof objective reality of the legal processes and phenomena that allowed us to conduct anobjective assessment of the state of legislation and law enforcement practice in the proceduralaspects of the cancellation of the seizure of property in criminal proceedings of Russia.The results and scope of it’s application. It is submitted that the cancellation of the seizureof the property (or the individual limit) is allowed only on the grounds and in the mannerprescribed by the criminal procedure law of the Russian Federation. However, the studyfound serious contradictions in the application of the relevant law. In particular, cases inwhich the question of exemption of property from arrest (exclusion from the inventory),imposed in the criminal case was resolved in a civil procedure that, in the opinion of theauthor of the publication, is extremely unacceptable.On the stated issues topics analyzes opinions of scientists who say that the dispute aboutthe release of impounded property may be allowed in civil proceedings, including pendingresolution of the criminal case on the merits. The author strongly disagrees with this positionand supports those experts who argue that the filing of a claim for exemption of propertyfrom arrest (exclusion from the inventory) the reviewed judicial act of imposing of arrestwithout recognition per se invalid. In this regard, the author cites the legal position ofthe constitutional Court of the Russian Federation, from which clearly follows that of theright of everyone to judicial protection does not imply the possibility of choice of the citizenat its discretion, techniques and procedures of judicial protection, since the features of suchjudicial protection is defined in specific Federal laws.The author analyzes and appreciates Kazakhstan's experience of legal regulation of the permissibilityof filing a civil claim for exemption of property from seizure imposed in criminalproceedings. The author notes that the new civil procedural legislation of the Republic ofKazakhstan, which came into force from 01 January 2016, clearly captures that considerationin the civil proceedings are not subject to claims for exemption of property from seizureby the criminal prosecution body.Conclusions. Necessity of amendment to article 422 of the Civil Procedure Code of Russia:this article should not apply to cases of application of measures of criminal procedural compulsionin the form of seizure of property. Among other things, the author proposed additionsto part 9 of article 115 of the Criminal Procedure Code of Russia.

scholarly journals Grounds for Canceling Seizure in Pre-Trial Criminal Proceedings

2020 ◽  
pp. 228-233
Author(s):  
Boris B. Bulatov ◽  
◽  
Alexander S. Dezhnev ◽  
Keyword(s):  
Russian Federation ◽  
Criminal Procedure ◽  
Legal Regulation ◽  
Constitutional Court ◽  
Criminal Proceedings ◽  
Public And Private ◽  
Private Interests ◽  
Procedure Code ◽  
Civil Lawsuits ◽  
The Russian Federation

The article examines the normative legal basis of the grounds for canceling property seizure in pre-trial criminal proceedings. The problem of the legislator’s usage of evaluative categories in removing investigator’s, interrogator’s or court’s restrictions is also analyzed. The solution of this problem is made dependent on the implementation of public or private interests. Discussing these issues, the authors come to the conclusion that this sphere is neither presented nor analyzed in academic monographic works. This circumstance indicates the novelty of the study owing to the legal positions of the Constitutional Court of the Russian Federation on the issue. The conclusion about the priority of public principles over private interests concerning matters which are not related to civil lawsuits is made on the grounds of empirical data and the analysis of legislative approaches. The contradictions of the provisions of the Criminal Procedure Code of the Russian Federation regulating the basis and procedure for canceling property seizure and the laws on bankruptcy are identified. The directions for improving the legal regulation of these issues are presented. The necessity of a multisectoral regulation of some aspects of law enforcement is inferred. The examination of private principles in canceling property seizure is connected with securing a civil lawsuit in criminal proceedings. The authors substantiate the existence of additional opportunities in making decisions in this field via the legal regime. This regime is also used in some other legal acts and may be put into practice in accordance with the Criminal Procedure Code of the Russian Federation. However, the imposed restrictions can be canceled on the basis of the decision by a person considering a criminal case. The authors note the incoherence of some provisions of Part 3 and Part 9 of Article 115 of the Criminal Procedure Code of the Russian Federation. This incoherence is connected with different approaches to the view on public and private interests in decision making. The authors substantiate the necessity of a legal linking of grounds for canceling property seizure with the decision on imposing this resriction. The conclusion about the comprehensive order of property seizure is made in the final part of the article. It is also stated that this order does not contain distinct criteria of the legality of the decision. Certain parts of the criminal procedure laws should be corrected. Some ways to improve the field of legal regulation concerning the opportunity of canceling seizure are given.

scholarly journals Russian legislation on public control

2021 ◽  
Vol 7 (1) ◽  
pp. 374-382
Author(s):  
Vitaly Viktorovich Goncharov ◽  
Tatiana N. Mikhaleva ◽  
Grigory A. Vasilevich ◽  
Evgeny Sergeevich Streltsov ◽  
Aleksandra Alekseevna Milkova ◽  
...  
Keyword(s):  
Civil Society ◽  
International Law ◽  
Russian Federation ◽  
Legal System ◽  
Legal Framework ◽  
Legal Regulation ◽  
Legal Analysis ◽  
Public Control ◽  
The Russian Federation ◽  
Legal Mechanism

This article is devoted to constitutional legal analysis of international legal bases of the legislation of the Russian Federation on public control. The work substantiates the position that to understand the constitutional legal mechanism of public control in Russia it is necessary to study the international legal framework of control of civil society over public authority in connection with the implementation of generally recognized principles and norms of international law in the legal system of the Russian Federation as a priority the rules of the legal regulation under Part 4 of Article 15 of the Constitution.

scholarly journals IMPROVEMENT OF GUARANTEES FOR THE SUPPORT OF the RIGHTS of MINORs IN CRIMINAL PROCEDURES BY IMPLEMENTing the IDEAS OF JUVENILE JUSTICE: LEGAL ASPECTS

2018 ◽  
Vol 22 (1) ◽  
pp. 197-203
Author(s):  
I. V. Revina ◽  
N. V. Petrov
Keyword(s):  
Juvenile Justice ◽  
Russian Federation ◽  
Ethical Issues ◽  
Criminal Procedure ◽  
Legal Regulation ◽  
Educational Process ◽  
Judicial Reform ◽  
Criminal Proceedings ◽  
Legal Standards ◽  
The Russian Federation

Russia's accession to the Council of Europe and the signing of relevant international agreements contributed to the development of regulations on the rights of a child and branching juvenile law in the Russian legal system. Meanwhile, it should be pointed out that processes of legal regulation in the field of the formation of the legislative basis of juvenile law are in some way incomplete, which is the result of the imperfection of the existing legal acts affecting the rights and interests of minors. The issue of the expediency of creating juvenile justice in Russia is being discussed for a long time in the legal papers and at the legislative level. The provision on the formation of juvenile justice was included in the 1991 Concept of Judicial Reform in the Russian Federation. Later, different authors worked out several draft Laws on Juvenile Justice. At parliamentary hearings in the State Duma, the prospects of creating juvenile courts in the system of courts of general jurisdiction were considered. Meanwhile, such close attention to the indicated problem does not have a significant impact on the increasing child and adolescent crime in the country. The plurality of the above-mentioned legal problems and their multifaceted nature necessitate improvement of justice in relation to minors. This raises a number of theoretical, legal, practical and ethical issues that require studying and adopting relevant decisions at the legislative level. Therefore, studies that allow analyzing the current Russian criminal procedure legislation from the point of view of the possibility of functioning of juvenile justice on its basis relying on international legal standards are really urgent. The criminal procedure legislation in the Russian Federation as a whole is focused on continuous improvement in the context of ensuring the maximum number of procedural guarantees of the legality of criminal proceedings, as well as observance of human rights with the application of their minimum restrictions, including in relation to such category of persons involved in criminal proceedings as minors. In this article, the authors consider the institution of juvenile justice as an additional guarantee of securing the rights of minors in criminal proceedings in Russia, propose the ways to address current and debatable aspects of this problem. The paper analyzes the current criminal procedural legislation, decisions of the Plenums of the Supreme Court of the Russian Federation as well as the judgements of the courts in specific cases concerning the problems of the study. In the study of individual topics of the issue, scientific literature as well as statistical data have been used. The conclusions and proposals made in the work are aimed at improving the current legislation of the Russian Federation and law enforcement practice, and can also be used in the educational process.

scholarly journals Application of the results of 3D video modeling in averment on criminal cases: US and Russian legal framework

2021 ◽  
pp. 58-71
Author(s):  
Mariia Aleksandrovna Iurkevich
Keyword(s):  
Russian Federation ◽  
Video Modeling ◽  
Criminal Procedure ◽  
The United States ◽  
Legal Framework ◽  
3D Video ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
The Us ◽  
The Russian Federation

This article reviews most controversial issues pertaining to legal, organizational and actual possibility of using 3D video modeling in averment on criminal cases. The author analyzes the approach adopted in the US legal system towards application of video models of evidence in judicial proceedings, distinguishing between the main forms of 3D video models that exist in the US criminal procedure. Leaning on the analysis of particular judicial precedents and normative acts that regulate the questions of criminal proceedings in the United States, the author outlines the conditions (rules) for admissibility of 3D evidence. Applicable to the criminal procedure of the Russian Federation, the article formulates the legal framework for using video modeling in criminal proceedings, as well as gives a general description to the system of criminal procedural guarantees that ensure the rights of the individual in the context of using video modeling, and accuracy of information acquired from such evidence. The research employs the general philosophical method of materialistic dialectics, methods of analysis, synthesis, legal experiment, and comparative legal method. The scientific novelty consists in the fact that the author is one of the first to explore the question of using the results of video modeling in criminal proceedings in the Russian Federation. The analysis of the US law enforcement experience on the subject matter is of particular relevance due to accumulation of the vast practical experience in adapting video modeling technology to the needs of criminal justice of the XXI century. The doctrine of the national criminal procedure had not previously to determine the role of 3D video modeling in averment on criminal cases. The author's conclusions on the need to use the results of video modeling, including immersive reality, not only in expert activity, but also in criminal procedure (for example, in the course of hearing of arguments) are aimed at the transformation of criminal proceedings with regards to its optimization via digitalization.

scholarly journals LEGAL REGULATION OF INTERNATIONAL COOPERATION OF THE RUSSIAN FEDERATION WITH FOREIGN COUNTRIES IN THE FIELD OF PHYSICAL EDUCATION AND SPORTS

2020 ◽  
pp. 96-102
Author(s):  
E.Y. Kovalenko ◽  
O.A. Shavandina
Keyword(s):  
International Law ◽  
International Cooperation ◽  
Russian Federation ◽  
International Organizations ◽  
Legal Framework ◽  
Legal Regulation ◽  
Physical Culture ◽  
Foreign Countries ◽  
The Russian Federation ◽  
Powerful Incentive

The article studies the national and international legal framework for regulating relations in thefield of physical culture and sports. It has been established that studying and taking into account positiveforeign experience in effectively regulating relations arising in the field of physical culture and sports, forimproving the norms of national sports law, including for codifying the sports legislation of Russia, is oneof the important reasons for the development of international cooperation of the Russian Federation withforeign countries. Another important reason is the need to harmonize and unify the national legislation ofRussia in the field of physical culture and sports with international law. The development of international cooperation between Russia and foreign countries and international organizations in the direction ofensuring national security is especially relevant in the context of exerting pressure on Russian athletes in thepast decade at sports competitions and events of various levels. It is concluded that Russia needs to developall areas of international cooperation, since physical culture and sport at the national and internationallevels is an important tool for ensuring the sustainable socio-economic development of countries, a tool forpersonal development of a person, a tool for intercultural, partnership and friendly development of interstatecommunication and serves as a powerful incentive to increase the competitiveness of each country in thecontext of globalization.

scholarly journals The Application of Video Conferencing in Criminal Proceedings: Prospects of Legal Changes

2021 ◽  
Vol 1 ◽  
pp. 14-18
Author(s):  
Maryam Sh. Bufetova ◽  
◽  
Dmitriy N. Kobzar ◽  
Keyword(s):  
Russian Federation ◽  
Video Conferencing ◽  
Preliminary Investigation ◽  
Criminal Procedure ◽  
Criminal Proceedings ◽  
Video Conferencing System ◽  
The Supreme Court ◽  
The Russian Federation ◽  
Points Of View ◽  
Conferencing System

The article discusses the use of video conferencing systems in criminal proceedings under the current legislation. The prospect of changing the norms of criminal procedure legislation with the extension of the possibility of using videoconferencing systems to the stage of preliminary investigation is considered. Studied problematic and debatable issues of conducting investigative actions remotely via videoconference-studied the types of investigative actions that can be carried out remotely, the grounds and procedure for their conduct and certification. Various points of view on the possibility of using the video conferencing system at the stage of preliminary investigation, as well as the position of the Supreme Court of the Russian Federation, were studied. It is concluded that it is necessary to introduce such changes in the criminal procedure legislation in the context of the pandemic and the worldwide spread of coronavirus.

scholarly journals Criminal Procedure Code of Russia: Twenty Years Later (2001–2021)

2021 ◽  
Vol 3 (3) ◽  
pp. 167-188
Author(s):  
Oksana V. Kachalova ◽  
◽  
Viktor I. Kachalov
Keyword(s):  
Criminal Justice ◽  
Russian Federation ◽  
Criminal Procedure ◽  
Legal Regulation ◽  
Federal Law ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Procedure Code ◽  
The Russian Federation ◽  
The Impact

Introduction. 2021 marks the 20th anniversary of the Criminal Procedure Code of the Russian Federation, adopted by the State Duma on November 22, 2001 by Federal Law No. 174-FZ. The development of criminal procedure legislation in these years was not always consistent, often characterized by chaotic and hasty measures. Nevertheless, the main factors that determine the development of modern criminal procedure legislation, as well as the key trends in the legal regulation of criminal procedure legal relations, have remained fairly stable for twenty years. Theoretical Basis. Methods. The object of the study is the norms of criminal procedure law that have emerged and developed during the period of the Code of Criminal Procedure of the Russian Federation since 2001. The methodological basis of the study is the general dialectical method of scientific knowledge, which allowed us to study the subject of the study in relation to other legal phenomena, as well as general scientific methods of knowledge (analysis, synthesis, induction, deduction, analogy, and modelling) and private scientific methods of knowledge (formal legal, historical-legal, and comparative-legal). Results. Among the variety of various factors that determine the development of modern criminal procedure legislation, there are several main ones: 1. The impact of international standards in the field of criminal justice on Russian criminal proceedings. Having ratified the European Convention for the Protection of Citizens’ Rights and Freedoms in 1998, Russia voluntarily assumed obligations in the field of ensuring citizens rights and freedoms, as well as creating the necessary conditions for their implementation. Among the most important criminal procedure norms and institutions that have emerged in the system of criminal procedure regulation under the influence of the positions of the ECHR, the following are notable: a reasonable period of criminal proceedings, the rights of participants in the verification of a crime report, the disclosure of the testimony of an absent witness at a court session, and alternative preventive measures to detention. 2. Optimisation of procedural resources and improvement of the efficiency of criminal proceedings. From the very beginning of the Criminal Procedure Code of the Russian Federation, there was a special procedure for judicial proceedings, which is a simplified form of consideration of criminal cases, provided for in Chapter 40 of the Criminal Procedure Code of the Russian Federation. In 2009, this procedure was extended to cases with concluded pre-trial cooperation agreements (Chapter 401 of the Code of Criminal Procedure of the Russian Federation), and in 2013, the institute of abbreviated inquiry appeared in the Code of Criminal Procedure of the Russian Federation (Chapter 321 of the Code of Criminal Procedure of the Russian Federation). 3. Social demand for increasing the independence of the court, and the adversarial nature of criminal proceedings. Society’s needs to improve the independence of judges, increase public confidence in the court, transparency and quality of justice led to the reform of the jury court in 2016 (Federal Law of 23 June 2016 N 190-FZ). As a result of the reform, the court with the participation of jurors began to function at the level of district courts, the jurisdiction of criminal cases for jurors was expanded, the number of jurors was reduced from 12 to 8 in regional courts and 6 in district courts. However, practice has shown that sentences handed down by a court on the basis of a verdict rendered by a jury are overturned by higher courts much more often than others due to committed violations, which are associated, among other things, with the inability to ensure the objectivity of jurors. In the context of a request for an independent court, Article 81 of the Criminal Procedure Code of the Russian Federation on the independence of judges (Federal Law of 2 July 2013 N 166-FZ) was adopted. 4. Reducing the degree of criminal repression. In the context of this trend, institutions have emerged in the criminal and criminal procedure laws that regulate new types of exemption from criminal liability. In 2011, Article 281 “Termination of criminal prosecution in connection with compensation for damage” was adopted, concerning a number of criminal cases on tax and other economic crimes (Federal Law of 7 December 2011 N 420). In 2016, the Criminal Procedure Code of the Russian Federation introduced rules on the termination of a criminal case or criminal prosecution in connection with the appointment of a criminal law measure in the form of a court fine (Federal Law of 3 July 2016 N 323-FZ). 5. Digitalisation of modern society. The rapid development of information technologies and their implementation in all spheres of public life has put on the agenda the question of adapting a rather archaic “paper” criminal process to the needs of today, and the possibilities of using modern information technologies in the process of criminal proceedings. Among the innovations in this area, it should be noted the appearance in the criminal procedure law of Article 1861 “Obtaining information about connections between subscribers and (or) subscriber devices” (Federal Law of 1 July 2010 N 143-FZ), Article 4741 “The procedure for using electronic documents in criminal proceedings” (Federal Law of 23 June 2016 N 220-FZ), the legal regulation of video-conferencing in criminal proceedings (Federal Law of 20 March 2011 N 39-FZ), and the introduction of audio recording of court sessions (Federal Law of 29 July 2018-FZ N 228-FZ), etс. Currently, the possibilities of further digitalisation of criminal proceedings, and the use of programs based on artificial intelligence in criminal proceedings, ets. are being actively discussed. Discussion and Conclusion. The main factors determining the vector of development of modern criminal justice should, in our opinion, include the impact of international standards in the field of criminal justice on Russian criminal justice; optimisation of procedural resources and the need to improve the efficiency of criminal justice, social demands for strengthening the independence of the court, adversarial criminal proceedings; the needs of society to reduce the degree of criminal repression, and digitalisation of modern society.

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