8 research outputs found

    Protection by the government and security support for the parties of modern criminal process in Russia: Problems and perspectives

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    The article presents an analysis of the government protection and security support for the parties of modern criminal process in the Russian Federation. The party of criminal process should feel safe from possible criminal encroachments caused by the execution of civic duty at any stage of the proceedings. The state, in turn, shall ensure the protection of life, health, property, honor and dignity of people regarding their involvement in the criminal proceedings. Evaluation of the implementation status of measures of government protection of the parties of the Russian criminal proceedings, promoting justice, proves the measures to be sufficient and relevant to current conditions. Nevertheless, there are some gaps in legislation regulation and some complexity of law enforcement in this area. In this regard, the authors identified the main directions to solve actual problems in government protection and security support for the parties of modern criminal process in the Russian Federation on the theoretical, legislative and law enforcement levels. The authors of this article have investigated the positive developments and existing problems in this sphere, using the comparative-legal and statistical methods

    INSTITUTE OF SAFETY OF CRIMINAL PROCESS PARTICIPANTS: THE COMPARATIVE ANALYSIS OF THE FOREIGN COUNTRIES LEGISLATION

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    The problem of personal safety in the sphere of the criminal trial in the domestic legislation became actual only in the last two decades. At the same time, legal regulation of safe conditions of sharing in criminal proceeding in foreign countries is already solved. The analysis given by the author shows the possibility of use of normative foreign experience in the Russian legislative practice with the purpose of more effective prevention of crime

    Protection by the government and security support for the parties of modern criminal process in Russia: Problems and perspectives

    No full text
    The article presents an analysis of the government protection and security support for the parties of modern criminal process in the Russian Federation. The party of criminal process should feel safe from possible criminal encroachments caused by the execution of civic duty at any stage of the proceedings. The state, in turn, shall ensure the protection of life, health, property, honor and dignity of people regarding their involvement in the criminal proceedings. Evaluation of the implementation status of measures of government protection of the parties of the Russian criminal proceedings, promoting justice, proves the measures to be sufficient and relevant to current conditions. Nevertheless, there are some gaps in legislation regulation and some complexity of law enforcement in this area. In this regard, the authors identified the main directions to solve actual problems in government protection and security support for the parties of modern criminal process in the Russian Federation on the theoretical, legislative and law enforcement levels. The authors of this article have investigated the positive developments and existing problems in this sphere, using the comparative-legal and statistical methods

    Criminal prosecution of terrorist crimes in jury trial: Legality and appropriateness

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    © Gataullin et al. Purpose: Scientific views of processualists concerning Institute of jurors are given in the article. Some experts defend activity of jury, others-categorically against such form of legal proceedings. Methodology: The methodological basis of this research is made by a dialectic method. Special methods of knowledge were used: logic-legal; comparative, historical, sociological, system and structural, statistical, method of the analysis and synthesis, legal modeling. Result: On the basis of the analysis of statistical data and materials of jurisprudence the author's position of rather a criminal prosecution in court with the participation of jurors on criminal cases of terrorist orientation, in the conditions of absence at defendants of the right to petition on such court is stated. The need for differentiation of legality and expediency of restriction, constitutional rights of defendants on the jury is proved. The concrete measures directed to an increase in efficiency of criminal prosecution in the conditions of the constitutional state are proposed. Results of a poll of practical workers are given: investigators, prosecutors, and judges who spoke in favor of the made offers directed to an increase i n efficiency of criminal legal proceedings

    Protection by the government and security support for the parties of modern criminal process in Russia: Problems and perspectives

    Get PDF
    The article presents an analysis of the government protection and security support for the parties of modern criminal process in the Russian Federation. The party of criminal process should feel safe from possible criminal encroachments caused by the execution of civic duty at any stage of the proceedings. The state, in turn, shall ensure the protection of life, health, property, honor and dignity of people regarding their involvement in the criminal proceedings. Evaluation of the implementation status of measures of government protection of the parties of the Russian criminal proceedings, promoting justice, proves the measures to be sufficient and relevant to current conditions. Nevertheless, there are some gaps in legislation regulation and some complexity of law enforcement in this area. In this regard, the authors identified the main directions to solve actual problems in government protection and security support for the parties of modern criminal process in the Russian Federation on the theoretical, legislative and law enforcement levels. The authors of this article have investigated the positive developments and existing problems in this sphere, using the comparative-legal and statistical methods

    Protection by the government and security support for the parties of modern criminal process in Russia: Problems and perspectives

    No full text
    The article presents an analysis of the government protection and security support for the parties of modern criminal process in the Russian Federation. The party of criminal process should feel safe from possible criminal encroachments caused by the execution of civic duty at any stage of the proceedings. The state, in turn, shall ensure the protection of life, health, property, honor and dignity of people regarding their involvement in the criminal proceedings. Evaluation of the implementation status of measures of government protection of the parties of the Russian criminal proceedings, promoting justice, proves the measures to be sufficient and relevant to current conditions. Nevertheless, there are some gaps in legislation regulation and some complexity of law enforcement in this area. In this regard, the authors identified the main directions to solve actual problems in government protection and security support for the parties of modern criminal process in the Russian Federation on the theoretical, legislative and law enforcement levels. The authors of this article have investigated the positive developments and existing problems in this sphere, using the comparative-legal and statistical methods

    Criminal prosecution of terrorist crimes in jury trial: Legality and appropriateness

    No full text
    © Gataullin et al. Purpose: Scientific views of processualists concerning Institute of jurors are given in the article. Some experts defend activity of jury, others-categorically against such form of legal proceedings. Methodology: The methodological basis of this research is made by a dialectic method. Special methods of knowledge were used: logic-legal; comparative, historical, sociological, system and structural, statistical, method of the analysis and synthesis, legal modeling. Result: On the basis of the analysis of statistical data and materials of jurisprudence the author's position of rather a criminal prosecution in court with the participation of jurors on criminal cases of terrorist orientation, in the conditions of absence at defendants of the right to petition on such court is stated. The need for differentiation of legality and expediency of restriction, constitutional rights of defendants on the jury is proved. The concrete measures directed to an increase in efficiency of criminal prosecution in the conditions of the constitutional state are proposed. Results of a poll of practical workers are given: investigators, prosecutors, and judges who spoke in favor of the made offers directed to an increase i n efficiency of criminal legal proceedings

    Anti-corruption the criminal procedure legislation of Russia

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    © Epihin et al. Purpose: In article current trends of application of the criminal procedure legislation of the Russian Federation in compliance with the purpose of criminal legal proceedings and in the context of counteraction corruption and prevention of abuse of the law of the officials who are carrying out criminal prosecution and judicial review and permission of criminal cases are stated. Methodology: In the course of the research of problematic issues and statements of the material of the article the dialectic, comparative and legal, law modeling, logical, inductive and deductive methods were used. Result: As shows investigative and judicial practicians there are enough the facts of unreasonable initiation of legal proceedings concerning businessmen, with an application of measures of criminal procedure coercion (arrest on the property, blocking of bank accounts and so forth) which result is crash of firm. Change of territorial jurisdiction of consideration of the case of another region by the court is directed to the elimination of a possibility of rendering an impact on objectivity of adjudication. Casual distribution of participation of the lawyer in a criminal case to a destination (when he has to be present surely for protection of the defendant) promotes impartiality of realization of the function of protection in pre-judicial production. The intention of the legislator to enter the obligatory video protocol of court session is directed to a performance by all participants of the process of legal instructions and duties will eliminate possible manifestations of corruption character by officials. Applications: This research can be used for universities, teachers, and students. Novelty/Originality: In this research, the model of Anti-Corruption The Criminal Procedure Legislation of Russia is presented in a comprehensive and complete manner
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