Vol 20, No 11/2 (2014)

Articles
Professor Sheifer Semen Abramovich – outstanding domestic processualist
Azarov V.A.
Abstract

The article is devoted to presenting separate, but very significant results of scientific activities of professor Sheifer Semen Abramovich. In particular, it discusses the forecasts of respected professor on the prospects of development of legislation on criminal proceedings, suitable options for reforming of its pre-trial phase, the conclusions of professor S.A. Sheifer on possibilities of improvement the effectiveness of preliminary investigation, strengthening of prosecutorial and judicial powers are interpreted.

Vestnik of Samara University. History, pedagogics, philology. 2014;20(11/2):11-15
views
PROPERTY OF THE REPUBLIC
Derishev Y.V.
Abstract

The article is devoted to the review of positions and views of professor S.A. Sheifer on the problems of optimization of domestic criminal pre-trial proceedings. The author analyzes the origins of influence of the scientist’s research on the development of Russian processuality, including on the works of the author of this article. The issues of organizational and functional construction of pre-trial proceedings: ratio of investigative and judicial authorities; incorporating of adversarial starts in the preliminary investigation; independence of an investigator, as a researcher of circumstances of the crime committed are raised.

Vestnik of Samara University. History, pedagogics, philology. 2014;20(11/2):16-21
views
IN THE DEVELOPMENT OF THE DOCTRINE OF S.A. SHEIFER ABOUT THE FORMATION OF PROOFS
Zaitseva E.A., Sadovskiy A.I.
Abstract

In the article it is offered to consider the structure of proving in normative and logical and pragmatist aspects. The normative structure of proving is represented by four elements: collecting, check, assessment and use of evidence. The active structure, according to the authors, includes: formation of proofs, their check, assessment and use. The pragmatist structure of the very formation of proofs reflects active and passive aspects of cognitive activity of subjects of proof.

Vestnik of Samara University. History, pedagogics, philology. 2014;20(11/2):22-28
views
ON THE CONCEPT AND SYSTEM OF INVESTIGATING ACTIONS IN THE WORKS OF PROFESSOR S.A. SHEIFER
Sementsov V.A.
Abstract

The article analyzes the controversial issues about the concept and system of investigating actions. The opinion of professor S.A. Sheifer considering the Institute of investigating actions in a narrow sense, as a kind of procedural actions of informative character, the purpose of production of which is the establishment of factual circumstances of importance for the criminal case is shared. It is proved that procedural detention does not have cognitive properties, and forensics holds a special place in the system of investigating actions. It is suggested to use the polygraph, not only in forensic psychophysiological examination, but also in the production of a new investigating action - check of the readings on the polygraph.

 

 

Vestnik of Samara University. History, pedagogics, philology. 2014;20(11/2):29-38
views
PROBLEMS OF PROVING DURING THE PERFORMANCE OF INQUIRY IN THE ABBREVIATED FORM
Artamonova E.A.
Abstract

The article highlights some of the problematic issues of proving during the performance of inquiry in the abbreviated form. It is suggested to state the rule, according to which a simplified form of introductory investigation must be followed by a proceeding of a full value in a compulsory way.

Vestnik of Samara University. History, pedagogics, philology. 2014;20(11/2):39-45
views
ON SOME ISSUES OF THE INSTITUTE ON ESTABLISHING THE OBJECTIVE TRUTH
Arshibekova M.T.
Abstract

In the article it is suggested to entrench regulatory means of expression of the principles of controversy when examining the factual circumstances of the criminal case, which were not originally imputed to the defendant, but was revealed in judicial investigation in the review and resolution of a criminal case on the merits.

Vestnik of Samara University. History, pedagogics, philology. 2014;20(11/2):46-51
views
REQUIREMENTS TO THE EVIDENCIES IN CRIMINAL PROCEEDINGS: Paradoxes OF MODERN NORMATIVE REGULATION
Gladysheva O.V.
Abstract

The formation of evidence in the Russian criminal proceedings traditionally occurs on regulatory rules defining appropriate procedures and sources of information, compliance with which is a condition for the recognition of valid evidence. In recent years, changes in the law show trends that are not consistent with established formal criteria of evidence, which seems to be a significant problem for the theory and practice of evidence of activity in criminal proceedings.

Vestnik of Samara University. History, pedagogics, philology. 2014;20(11/2):52-58
views
PROVING LIMITS IN THE CRIMINAL PROCESS: FORMAL AND QUANTITATIVE STUDY
Zotov D.V.
Abstract

This article contains research of different points of view on the concept of «proving limits»; substantiates the possibility of investigating the limits of proving from the positions of reasonable formalism.

Vestnik of Samara University. History, pedagogics, philology. 2014;20(11/2):59-66
views
APPLICATION FOR ADMISSION OF PROOFS INADMISSIBLE IN THE COURT OF THE FIRST INSTANCE IN THE RUSSIAN CRIMINAL PROCESS
Kalinkina L.D.
Abstract

This article defines the concept, the value of applications for admission of proofs inadmissible; it examines the form, the order of their declaration in the court of the first instance; the attention is paid to the grounds of inadmissibility of evidence

Vestnik of Samara University. History, pedagogics, philology. 2014;20(11/2):67-72
views
ABOUT PROSPECTS OF DEVELOPMENT OF INFORMATION THEORY OF CRIMINALLY-REMEDIAL EVIDENCE (DUE TO THE POSSIBILITY OF DEPARTURE FROM THE POSTULATES OF MARXIST-LENINIST PHILOSOPHY)
Rossinskiy S.B.
Abstract

This article focuses on the development of the theory of proof in the criminal procedure in the context of possible retreat from dogmatic postulates of Marxist-Leninist philosophy. In this regard taking into consideration of the recent achievements of philosophy, psychophysiology and neuropsychology, the author attempts to identify new ways of development of the information theory of proof, and to be more exact the possibilities of research of regularities in the formation of mental images by the interrogating officer, investigator, judge that reflect the circumstances established in the criminal case.

Vestnik of Samara University. History, pedagogics, philology. 2014;20(11/2):73-81
views
PROBLEM OF LEGISLATIVE REGULATION OF EVIDENCE PROPERTIES
Tolmosov V.I.
Abstract

The article analyzes such properties of evidence in the criminal procedure legislation as pertinence and admissibility. It is offered to replace the term “pertinence” in the definition of appropriate property of evidence by the term “relevancy” as the most fully reflecting the property essence and significance. The treatment of notions “inadmissible evidence” and “not legally binding evidence”, which are not identical and are differentiated one from another is given. It suggests a new version of the text of the Article 75 of the Criminal Procedure Code of the Russian Federation “Inadmissible Evidences”.

Vestnik of Samara University. History, pedagogics, philology. 2014;20(11/2):82-86
views
NECESSITY OF INVESTMENT DEFENSE PARTY WITH RIGHT TO APPOINT ANY FORENSIC EXPERTISES
Bakhtadze G.E.
Abstract

The article proves that the defender’s right of evidence collecting stated by our legislators has an elusive character incompatible with the enhancement of competitive fundamentals in the valid Russia criminal procedures because this right does not eliminate the disbalance in the potential possibilities of two competing sides (prosecution and defense) at forming a body of evidence. This is why the article – based on Georgia’s positive legislative experience - substantiates the necessity of radical reformation of Russian criminal procedure to achieve real parity in the legal powers of prosecution and defense parties at their probative activity comprising appointment of any forensic expertises as well.

Vestnik of Samara University. History, pedagogics, philology. 2014;20(11/2):87-94
views
Problematic issues of providing client-lawyer privilege in criminal justice
Borchenko V.А.
Abstract

This article deals with one of the most topical questions of advocacy – client-lawyer privilege. Imperfection of the rules adopted by the legislator causes the violation of the client-lawyer privilege on the part of the state bodies and in the first place – law enforcement bodies. Lacunae in legal remedy of communication privacy of a lawyer and his clients are analyzed.

Vestnik of Samara University. History, pedagogics, philology. 2014;20(11/2):95-100
views
TO THE QUESTION OF IDENTITY OF THE PERPETRATOR IN CRIMINAL PROCEEDINGS
Konovalchuk M.V., Kripulevich A.Y.
Abstract

The article covers issue concerning the understanding of identity of the person guilty within the frameworks of criminal proceedings and criminal law. The aspects of correlation of identity of the perpetrator and the subject of crime are highlighted. The provisions of criminal law for more in-depth understanding of the person guilty in the process of sentencing are analyzed.

Vestnik of Samara University. History, pedagogics, philology. 2014;20(11/2):101-105
views
The accused: whether such participant is necessary in the criminal process of modern Russia?
Kruglikov A.P.
Abstract

In the article the legal status of the suspect and the accused in the criminal process of Russia is analyzed. The author claims that according to the principle of presumption of innocence the accused is the same as suspect, therefore it is necessary to exclude the accused from the participants of the criminal process. Introduction of changes offered by the author into the Criminal Procedure Code of the Russian Federation will promote, in his opinion, elimination of an accusatory bias in the activity of investigators and judges.

Vestnik of Samara University. History, pedagogics, philology. 2014;20(11/2):106-113
views
REALIZATION OF RIGHT TO PROTECTION THROUGH THE USE OF SPECIAL KNOWLEDGE
Lazareva L.V.
Abstract

The article is devoted to the use of special knowledge by the parties in criminal proceedings. On the basis of analysis of current legislation the necessity of granting additional guarantees for the participants of the criminal process on the implementation of right to protection through the use of special knowledge by making additions and amendments to the Criminal Procedure Code of the Russian Federation is justified.

Vestnik of Samara University. History, pedagogics, philology. 2014;20(11/2):114-119
views
Challenge as a legal institution
Taran A.S.
Abstract

The term «challenge» is used in procedural law and criminal procedure science to denote the number of legal phenomena. The article analyses challenge as a legal institution. The characteristics of this legal institution is presented, its subject matter is defined, its structural elements are revealed. Definition of challenge as an institution of criminal procedure law is given. It is proved that the essential characteristic of the institute of challenge gives the object of regulated relations. The author comes to the conclusion that the institution of challenge is not fully covered by Chapter 9 of the Criminal Procedure Code of the Russian Federation. According to the author, challenge is interdisciplinary legal institute.

Vestnik of Samara University. History, pedagogics, philology. 2014;20(11/2):120-124
views
Педагогика
To the 90-th anniversary of the birth of professor Semen Abramovich Sheifer
Bezverkhov A.G.
Abstract
Article about S.A. Shafer, Doctor of Law, Professor.
Vestnik of Samara University. History, pedagogics, philology. 2014;20(11/2):9-10
views

This website uses cookies

You consent to our cookies if you continue to use our website.

About Cookies