Criminal Laws and Judicial Practice in Punishment Imposition to Minors

The article is devoted to legislative and law enforcement problems of sentencing minors as special subjects of criminal law relations. In this aspect, to a certain extent, the essential socio-psychological characteristics of the considered category of convicts are analyzed in detail, related to their position dependent on society and incomplete formation of intellectual and volitional qualities. These circumstances assume that they are taken into account while observing the principles of justice and humanism, which make it possible to ensure the proportionality of the measure of criminal law enforcement, the nature and degree of public danger of the crime, the identity of the perpetrator, as well as security from criminal infection and secondary victimization. Special consideration should be given to the characteristics of the perpetrator’s personality, as well as the significance of the sentence imposed for age-related socialization and crime prevention. It is concluded that the orientation of the law enforcement officer to impose punishment that is not associated with isolation from society should be supported by other criminal law institutions that are specially modified for this category of persons.

History of the Development of the Judicial Defense Institution: The National Experience

This study reveals the development of the Institute of judicial protection in Russia during all stages of its historical development and formation. The author reveals the following questions: 1. Understanding of judicial protection in legal doctrine and practice. 2. the process of development and formation of the Institute of judicial protection in Russia. 3. The current situation of the Institute of judicial protection in terms of legal reality in Russia. This study will determine that the mechanism for the protection of human and civil rights through the administration of justice is one of the most effective means of protection provided for by current legislation and generally recognized principles and norms of international law. In comparison with other methods, the Institute of judicial protection stands out for its independence, objectivity and impartiality, which allows a comprehensive and complete examination of the available evidence when considering a case in court.

Models of Constitutional Justice as an Important Element of Constitutional Justice: The Foreign Experience

The article examines the models of the implementation of constitutional justice as an important element of constitutional justice. Each European state is characterized by one or another model of constitutional justice characterized by its own characteristic criteria. Recently, it can be said that the existing models of constitutional justice are combined into a mixed model by integrating their features into the national legislation of a separate state.

The Role of Judicial Councils as Authorities of the Judicial Community in Individual Regulation of Judicial Activities

The activity of councils of judges in Russia is of a systemic nature, including various forms of individual influence on legal relations: opinions, resolutions, consulting on the prevention of corruption, compliance with ethical standards, prevention of conflicts of legal interests, and other reputational risks. The paper considers one of the activities of the councils of judges in the form of preparation of conclusions, which play a significant role in the formation of a uniform law enforcement practice in the process of individual regulation of judicial activity. The conclusions are of an explanatory nature and are taken into account by the qualification collegiums of judges when making decisions regarding judges and candidates for the position of judges. The essence of the conclusions of the councils of judges is substantiated as a kind of individual regulation of legal relations. The analysis of individual conclusions of the councils of judges made it possible to classify various methods of individual regulation in the process of law enforcement. It is concluded that the councils of judges are the subject of law enforcement, which, through individual regulation, provide certainty in the assessment of reputational risks, their prevention and suppression in the behavior of a judge through the interpretation of the principles and norms of law; overcoming conflicts in law; the use of optional, alternative, relatively specific, dispositive, etc. principles and norms of law; overcoming gaps in law; individualization of law in the form of opinions, decisions, consultation.

The Ground for Selection of a Measure of Restraint: “An Opportunity to Interfere with Criminal Case Proceedings by Other Means” Has Its Independent Meaning

The paper defines the problem of application in judicial practice, the grounds on which the accused, a suspect, the interrogating officer, the investigator and the court are entitled to elect a measure of restraint. Based on the examples of judicial practice of applying this ground, the authors conclude that there is a phenomenon in criminal proceedings that is called “I apply without awareness”.

On the Degree of Impact of Qualifying Attributes and Aggravating Circumstances on Punishment Imposition

The article defends the thesis that the degree of influence of the qualifying attribute on the appointment of punishment is higher in comparison with the influence of an aggravating circumstance on punishment. If, when the sentence is changed, the number of qualifying signs changes, then it is more likely that the terms or sizes of the previously imposed sentence should change.

The Institution of Trial in Absentia in View of the Procedural Economy Principle

Trial in absentia is a civil proceeding providing a specific procedure for cases in the absence of the defendant. For almost 25 years trials in absentia have been considered a means of speeding up the consideration of a case both in Russian legal practice and in the scientific community. The analysis of the problems arising in the practice of civil procedure law is carried out in this article. It relates to the operating principle of procedural economy in case of trials in absentia.

Types of Information Processes in Expert Activities

The article is devoted to a separate type of information processes of forensic science. The author reveals the essence, content and relationship of the processes of interpretation, communication and processing of information in relation to expert practice. It is concluded that it is necessary to develop the doctrine of the means and forms of communicative activity in the production of forensic examinations and information processes within the framework of the general theory of forensic examination.

Judicial Procedure Terms in View of the Coronavirus Infection (Covid-19) Spread in the Russian Federation: Renewal, Suspension, Restoration Peculiarities

The article discusses the complex issue of extending, suspending, restoring procedural terms in connection with the spread of coronavirus infection in the Russian Federation in the light of Review No. 1 of the Supreme Court of the Russian Federation dated April 21, 2020. It was concluded that the procedural deadlines missed in connection with the pandemic are not extended, but can only be restored by the court if there are valid reasons, to which the spread of Covid-19 does not apply; on the complexity of protecting constitutional and civil rights in courts by unsecured citizens who lost their jobs during the spread of coronavirus infection.

Review of Criminal Cases Containing Justifiable Defense Attributes in Jury Trials

In the article deficiencies in the judicially investigation practice during the juridical estimation of the matters about the necessary defense are revealed, the reasons for this phenomenon are analyzed and it is proposed to examine the matters of this category concerning the required participation of the jurors of assessors.