The Improvement of the Procedural Order for Checking the Reasons and Grounds for Initiating a Criminal Case

Introduction: the range of tasks facing the stage of initiating a criminal case is quite diverse, which leads to different interpretations of their content by the scientists-processualists. The authors of the paper assess the problems of determining the reasons and grounds for initiating a criminal case. The problem considered by the authors of the manuscript is relevant because of their insufficiently clear legislative definition and their related ambiguous interpretation. The purpose of the study: to identify the problems that hinder the improvement of the procedural order for checking the reasons and grounds for initiating a criminal case. The research objectives: to analyze the points of view of the scientists-processualists about the expediency of eliminating the first stage of the criminal process; to offer some recommendations for transforming the stage of initiating a criminal case. Methods: the methodological framework for the study is represented by a system of methods of scientific cognition, which should include: general scientific, systemic, institutional, and comparative legal. Results: the paper provides an assessment of the position of some researchers specializing in criminal procedure law on the need to eliminate the stage of initiating a criminal case, which the authors of the paper do not share, citing the following arguments: the considered stage of the criminal process acts as a kind of filter that separates the law enforcement agencies from procedural activities for the analysis of information that does not hide the signs of a criminally punishable act; will cause an increase in the burden on investigators and interrogators; the burden on the federal budget will increase due to the procedural costs. Conclusions: considering the possibility of improving the stage of initiating a criminal case, borrowing the experience of the representative countries of the Anglo-Saxon legal system, the authors of the paper conclude that as a result of this, the procedural status of some participants in the criminal process will change, which is alien to the Russian criminal procedure legislation: the replacement of the functions of the investigator by the prosecutor and the court; the exercise of the function of the body of inquiry by the investigator; the acquisition by the defender of the status of the subject of proof on a par with the investigator and the inquirer. It is noted that the attempt of the legislator to give evidentiary value to the information obtained during the preinvestigation check as an independent reason for initiating a criminal case was not successful.

Estimating the economic impacts of percutaneous coronary intervention in Australia: a registry-based cost burden study

ObjectivesIn this study, we sought to evaluate the costs of percutaneous coronary intervention (PCI) across a variety of indications in Victoria, Australia, using a direct per-person approach, as well as to identify key cost drivers.DesignA cost-burden study of PCI in Victoria was conducted from the Australian healthcare system perspective.SettingA linked dataset of patients admitted to public hospitals for PCI in Victoria was drawn from the Victorian Cardiac Outcomes Registry (VCOR) and the Victorian Admitted Episodes Dataset. Generalised linear regression modelling was used to evaluate key cost drivers. From 2014 to 2017, 20 345 consecutive PCIs undertaken in Victorian public hospitals were captured in VCOR.Primary outcome measuresDirect healthcare costs attributed to PCI, estimated using a casemix funding method.ResultsKey cost drivers identified in the cost model included procedural complexity, patient length of stay and vascular access site. Although the total procedural cost increased from $A55 569 740 in 2014 to $A72 179 656 in 2017, mean procedural costs remained stable over time ($A12 521 in 2014 to $A12 185 in 2017) after adjustment for confounding factors. Mean procedural costs were also stable across patient indications for PCI ($A9872 for unstable angina to $A15 930 for ST-elevation myocardial infarction) after adjustment for confounding factors.ConclusionsThe overall cost burden attributed to PCIs in Victoria is rising over time. However, despite increasing procedural complexity, mean procedural costs remained stable over time which may be, in part, attributed to changes in clinical practice.

Appealing against Decisions on Reimbursement of Procedural Costs Made in accordance with Part 3 of Art. 131 of the Criminal Procedure Code of the Russian Federation

The legality and validity of the decisions of the investigator, inquirer and the prosecutor on the payment of the amounts related to procedural costs remain problematic due to the absence in the law of a mechanism ensuring the judicial procedure for their appeal. In order to fill this gap, the author studies the possibilities of introducing a procedure similar to the one enshrined in Art. 125 of the Code of Criminal Procedure of the Russian Federation. The paper analyzes the positions of the Resolution of the Constitutional Court of the Russian Federation No. 18-P dated May 13, 2021. It concerns the victims’ appeal against the decisions of the investigator and the head of the investigative body regarding the reimbursement of expenses for a representative. Some examples of judicial practice for resolving other disputes related to the reimbursement of procedural costs are also analyzed. It is concluded that the right of a person claiming to receive the amounts provided for in Part 2 of Art. 131 of the Code of Criminal Procedure of the Russian Federation against a judicial appeal made at his request is universal and does not depend either on his status in a criminal case, or on the type of the indicated amounts, or on the body or official that made the contested decision. Taking into account the practice of applying other norms on appealing against decisions of the investigating bodies, it was proposed to introduce Art. 125.2. The author formulate its content given the characteristics of the participants in the proceedings and the powers of the court to resolve the complaint.

Circumstances to Be Clarified under the Investigation of Interference into Law Enforcement Officer’s Activity

The author has substantiated the need to establish the circumstances to be clarified and has determined their significance during the investigation. It has been emphasized that the circumstances to be clarified include the circumstances to be proved in criminal proceedings, criminal and forensic characteristics of a criminal offense. In order to determine the circumstances to be clarified during the investigation of interference in the activities of a law enforcement officer, the author has studied the circumstances to be clarified within the group of criminal offenses related to obstruction of the activities of a law enforcement officer, as well as during the investigation of interference in the activities of a forensic expert. Taking into account the specified scientific provisions, the author has defined a detailed list of circumstances to be clarified during the investigation of interference in the activities of a law enforcement officer. It has been established that the circumstances to be clarified during the interference in the activities of a law enforcement officer include: 1) circumstances related to the criminal offense, namely: time, place, situation and traces of a criminal offense, methods of its commission (preparation, direct commission and concealment), tools and means used during the interference, the scope of procedural costs; circumstances that are the basis for ceasing criminal proceedings; the reasons and conditions that contributed to the commission of a criminal offense; 2) circumstances related to the identity of the victim, including: socio-demographic characteristics of the victim, place of work, position held; official and functional responsibilities, the victim’s belonging to a law enforcement agency during the commission of a criminal offense against him; the type and scope of damage caused to the victim; 3) circumstances related to the identity of the offender, namely: socio-demographic data of the offender, physiological and psychological condition, gender, citizenship, financial status, place of work, the record of criminal conviction and the facts of bringing to administrative liability; the presence of dependent disabled people; the presence of guilt in the form of direct intent, the purpose of the action; circumstances that aggravate or mitigate the punishment of the offender are grounds for releasing from criminal liability or punishment that exclude criminal liability; presence of accomplices.

SOME ISSUES OF IMPROVING THE ISSUES TO BE RESOLVED IN THE OPERATIVE PART OF THE SENTENCE

This article discusses some issues to beresolved in the operative part of both the guilty and acquittal, which should be contained, the issues of revising judgments and rulings, the decision on material evidence and other objects and documents attached to the case, the decision on procedural costs, the procedure, terms of appeal, issues of appeal against the verdict. In addition, some differences in resolving the issue of procedural costs are analyzed, as well as issues to be resolved in a conviction and acquittal, procedural costs in criminal proceedings, as well as a comparative analysis of the legislation of some foreign countries.

Health and Healthcare Disparities: Impact on Resource Utilization and Costs After Transcatheter Aortic Valve Replacement

Objective We investigated health and healthcare disparities in the treatment of aortic stenosis with transcatheter aortic valve replacement (TAVR) and how they affect resource utilization and costs. Methods We retrospectively reviewed all patients who were discharged alive after TAVR between 2012 and 2017 from the National Inpatient Sample. Patients were stratified by race and outcomes investigated were in-hospital complications, total procedural costs, and resource utilization. High resource utilization (HRU) was defined as length of stay (LOS) ≥7 days or discharge to a nonhome location. Multivariable regression models were used to identify predictors of HRU. Results TAVR patients ( N = 29,464) were stratified into Caucasians ( n = 25,691), others ( n = 1,274), Hispanics ( n = 1,267), and African Americans (AA, n = 1,232). More AA and Hispanics had TAVR at urban teaching centers ( P = 0.003) and were less likely to be Medicare beneficiaries ( P < 0.001). Distribution of TAVR patients in the lowest income quartile showed AA (50%) versus Caucasian (20%) versus Hispanic (33%, P < 0.001). In-hospital complications were higher among Hispanics and AA than Caucasians with prolonged LOS, procedural costs, and HRU. On multivariable analysis, independent predictors of HRU were TAVR year ( P < 0.001), advanced age ( P < 0.001), female sex ( P < 0.001), non-Caucasian race ( P = 0.038), history of coronary artery bypass grafting ( P < 0.001), smoking ( P < 0.001), chronic lung disease ( P = 0.003), stroke ( P < 0.001), and lowest income quartile ( P = 0.002). Conclusions There exist significant healthcare and health disparities among patients undergoing TAVR in the United States. Consequently, this unequal access to care and determinants of heath translate into higher resource utilization and costs.

On the powers of the court in resolving the issue of the distribution of procedural costs

The correct resolution of the issue of the distribution of procedural costs remains problematic due to the incompleteness and lack of certainty of legislative regulation, as well as the Identification of the reasons for contradictory practices involves the study of the powers of the court related to making decisions on collecting costs from the convicted person or assigning them to the Federal budget. The article provides a brief overview of court decisions taken in cases where violations committed during the preliminary investigation prevent the court from investigating the issue of procedural costs in its entirety. Special attention is paid to the analysis of the norms of the law regulating the court’s decision-making and explaining their positions of the Supreme Court of the Russian Federation. The study makes it possible to conclude that the court’s powers to resolve the issue of distribution of procedural costs are imperative, which does not allow the court to evade this duty and does not depend on the opinion of the parties. The author formulated proposals to clarify the wording of article 132 of the Criminal Procedure Code of the Russian Federation, aimed at improving the effectiveness of this provision, as well as the addition of explanations of the Plenum of the Supreme Court.

Part IV The Impact of International Investment Law, 17 Investor–State Dispute Settlement

This chapter studies investor–state dispute settlement (ISDS) in International Investment Agreements (IIAs), the primary method of which is investor–state arbitration. It outlines the nature of investor–state disputes and the main types of dispute settlement techniques. The chapter also considers the principal characteristics of investor–state arbitration and examines arbitration under the Washington Convention on Settlement of Investment Disputes between States and Nationals of Other States 1965 (the ICSID Convention), which established the International Centre for Settlement of Investment Disputes (ICSID). Most Bilateral Investment Treaties (BITs) refer to ICSID arbitration as the sole, or optional, method of dispute settlement. ICSID Tribunals have acted in a wide range of disputes, adopting expansive interpretations of personal and subject-matter jurisdiction. This has led to criticism that investor–state arbitration has become too pervasive and a threat to the states’ ‘right to regulate’, given the risk of high procedural costs and compensation. ‘New-generation’ IIAs have responded by limiting the jurisdiction of tribunals over investment disputes. Moreover, recourse to alternative dispute resolution (ADR) and dispute avoidance techniques is being encouraged. The United Nations Commission on International Trade Law (UNCITRAL) has also taken up ISDS reform and is in the process of formulating a multilateral reform package.

Procedural Costs Associated with the Payment of Labor of the Representative of the Victim Participant in the Proceedings in Accordance with Part 21 of Article 45 of the Code of Criminal Procedure of the Russian Federation

The participation in a criminal case of a lawyer appointed by a representative of a minor victim is regulated by the new part 21 of article 45 of the code of criminal procedure. The procedure for compensation and recovery from the convicted person of the procedural costs associated with the payment of such a representative»s labor remains problematic due to the lack of comprehensive research on this topic. Examples of court decisions are given that testify to the inconsistency of judicial practice on these issues. A comparative study and systematic analysis of the law allows the author to conclude that there are no obstacles to recovering these costs from the convicted person, as well as suggest changes to the wording of the rule of law.

Reduced Hospital Costs for Ultrasound-guided Vacuum-assisted Excision Compared with Open Surgery in Patients with Benign Breast Masses and High-risk Lesions

Objective Benign breast masses represent a substantial proportion of breast cancer screening results and may require multiple follow-up visits and biopsy. Even with a preceding benign core biopsy, benign masses have been excised via open surgery for a variety of reasons. This study compared the procedural costs of US-guided vacuum-assisted excision (US-VAE) versus open surgical excisions for benign breast masses and high-risk lesions (HRL). Methods In this retrospective cohort study, female outpatients receiving US-VAE or open excision of benign breast masses between 2015 and 2018 were identified within the Premier Healthcare Database. A secondary analysis was conducted for patients with HRLs. Propensity score matching and multivariate regression adjusted for patient demographics, encounter level covariates, and hospital characteristics. The total procedural costs were reported from a hospital perspective. Results A total of 33 724 patients underwent excisions for benign breast masses (8481 US-VAE and 25 242 open surgery). Procedural costs were significantly lower in unmatched patients who received US-VAE ($1350) versus open surgery ($3045) (P &lt; 0.0001). After matching, a total of 5499 discharges were included in each group, with similar findings for US-VAE ($1348) versus open surgery ($3101) (P &lt; 0.0001). A secondary analysis of matched HRL patients (41 discharges in each group) also showed significantly lower procedural costs with US-VAE ($1620) versus open surgery ($3870) (P &lt; 0.0001). Conclusion Among patients with benign breast masses or HRLs, US-VAE was associated with significantly lower procedural costs versus open surgery. If excision is performed and expected clinical outcomes are equal, US-VAE is preferable to reduce costs without compromising the quality of care.