Vol 2, No 3 (2016)

Criminal procedure

FEATURES OF THE INSTITUTION OF CRIMINAL PROCEEDINGS AGAINST DEPUTY AND REGISTERED CANDIDATE FOR DEPUTY OF LEGISLATIVE (REPRESENTATIVE) BODY OF THE SUBJECT OF THE RUSSIAN FEDERATION

Alekhin D.V.

Abstract

This article analyzes legislation regulating the initiation of

criminal proceedings against deputies and registered candidates for

deputies of legislative (representative) body of the subject of the

Russian Federation. The attention is drawn to the shortcomings

of the existing legal regulation caused by the simultaneous use of

legislation containing conflicting provisions.

Juridical Journal of Samara University. 2016;2(3):9-15
pages 9-15 views

UNIFICATION OF LEGAL NORMS AS A PREREQUISITE OF FORMATION OF A SINGLE SET OF PROCEEDINGS

Borchenko V.A., Kretova E.A.

Abstract

Analysis of procedural norms of the current legislation given in

the article allows to make a conclusion about the incipient tendencies

of their unification. The harmonization of the rules in turn can be

considered as a prerequisite for the formation of a single set of

proceedings.

Juridical Journal of Samara University. 2016;2(3):16-20
pages 16-20 views

ON PENITENTIARY IN THE ANTHROPOLOGY OF THE INVESTIGATION OF CRIMES AND ADMINISTRATION OF CRIMINAL SENTENCES

Galuzin A.F.

Abstract

The article reveals the content of legal repentance in the structure

of criminal, criminal procedure and criminal and penal law.

Juridical Journal of Samara University. 2016;2(3):21-28
pages 21-28 views

CULTURE OF SPEECH AS A FIELD OF CRIMINALLY-REMEDIAL SCIENC

Gasymov A.A.

Abstract

Modern epoch, our life are characterized by a high level of scientific

and technical and cultural development. Our time requires every

person to have a high culture of speech. What represents culture of

speech? Under the term culture of speech the statement by a speaker

or a speaking person of his thoughts in connection with the generalized

and normalized levels of orthoepic, lexical, stylistical, grammatical

and other spheres of a literary language is understood. Culture of

speech is an important means for comprehensive revealing of entirety

and moral perfection of personality. Culture of speech, skills of beautiful

and clear speech are connected, on the one hand, with the world

view, level of preparedness, aesthetic and ethical style of the speaker,

and on the other hand, with his inborn talent. So, the speech of a

person who observes in his speech the regulations of the culture of

speech, is called educated speech.

 

Juridical Journal of Samara University. 2016;2(3):29-35
pages 29-35 views

SOME PROCEDURAL AND TACTICAL PECULIARITIES OF IMPLEMENTATION OF EXAMINATION IN AZERBAIJAN REPUBLIC

Gafarov M.S.

Abstract

The article describes the procedural and tactical features

of interrogation of the Azerbaijan Republic with respect to ensuring

the rights of the individual in the course of the investigative action.

The features of the drive force for the production of questioning.

The author has attempted to make recommendations on

amendments to the Criminal Procedure Code of Azerbaijan

Republic.

Juridical Journal of Samara University. 2016;2(3):36-42
pages 36-42 views

CONCEPT OF JUDICIAL REFORM IN RUSSIA AND SPECIAL ASPECTS OF CRIMINAL PROCEDURE POLICY OF THE STATE

Kirillova N.P.

Abstract

The article concerns with the analysis of the results of realization

of the Concept of judicial reform and particularities of the state

criminal procedure policy relating to the implementation of the

criminal procedure policy regarding the preliminary investigation

policy and the courts activity. The author assesses the status of

criminal procedural law governing the preliminary investigation

and prosecutors supervision, considering the value and results of

implementation of judicial control at the stage of preliminary

investigation, its positive and negative sides. In the article the

shortcomings of procedural regulation of simplified procedural forms

are pointed out and ways of improving legislation are suggested.

 

Juridical Journal of Samara University. 2016;2(3):43-52
pages 43-52 views

ANALYSIS OF THE PRACTICE OF CRIMINAL CASE DISMISSAL UNDER THE ARTICLE 25 OF THE RUSSIAN FEDERATION CODEOF CRIMINAL PROCEDURE

Kuvaldina J.V.

Abstract

This article analyzes the practice of dismissal of criminal cases

in connection with the reconciliation of the parties (Article 25 of

the Russian Federation Code of Criminal Procedure) in federal

district and municipal courts of the Samara region. The author

observed that the dismissal of criminal cases in connection with

the reconciliation of the parties is placed in more dependency on

additional, not provided by law conditions – specific circumstances

of the crime, data on the identity of the defendant, extenuating

circumstances. At the same time determination of similar additional

conditions in the case permits some judges to dismiss a criminal

case, and the other – to refuse dismissal. The author has tried to

examine the reasons for the lack of uniformity in the judicial

practice of criminal cases dismissal in connection with the

reconciliation of the parties.

Juridical Journal of Samara University. 2016;2(3):53-61
pages 53-61 views

ON SOME QUESTIONS OF APPLICATION OF MEASURES OF RESTRAINT IN THE FORM OF DETENTION

Kuzovenkova J.A.

Abstract

The article is devoted to the theoretical and practical problems

associated with excessively broad application of measures of restraint

in the form of detention. The author sets out proposals to improve

criminal procedure laws in order to respect the rights and legitimate

interests of participants of criminal proceedings.

Juridical Journal of Samara University. 2016;2(3):62-68
pages 62-68 views

ORDER AND PROBLEMS OF JUDICIAL CONSIDERATION OF A CRIMINAL CASE TO PROCEED WITH ACCUSATORY DECREE

Lazareva V.A.

Abstract

The article deals with the specifics of the trial of cases received by the court with accusatory decree, analyzes the characteristics of study and evaluation by the court of evidences, obtained during the inquiry in an abbreviated form and the effect of these features on the established notions about the admissibility of evidence. The differences of the judicial consideration of cases received by the court with accusatory verdict from the special order of sentencing are analyzed.

Juridical Journal of Samara University. 2016;2(3):69-76
pages 69-76 views

CONCEPT OF JUDICIAL REFORM OF 1991 AND MODERN CRIMINAL PROCEDURE CODE OF THE RUSSIAN FEDERATION: ACHIEVEMENTS AND PROBLEMS

Lantukh N.V.

Abstract

The article discusses the features of the Concept of Judicial

Reform of 1991, its compliance with the Criminal Procedure

Code of the Russian Federation, progress and challenges in the

process of applying the Concept.

Juridical Journal of Samara University. 2016;2(3):77-85
pages 77-85 views

SOME PROBLEMATIC ASPECTS OF PRE-TRIAL STAGE OF CRIMINAL PROCEEDINGS

Loshkarev V.V.

Abstract

The results of supervisory activities for the reception, registration,

reports of crimes permission of the Russian Interior Ministry

indicate a demand gaps in the legislative regulation of pre-trial

stage of the criminal process, including with regard to the powers

of the prosecutor.

 

Juridical Journal of Samara University. 2016;2(3):86-91
pages 86-91 views

VERDICT IN THE ABSENCE OF THE DEFENDANT: TOPICAL ISSUES OF THEORY AND PRACTICE

Popova I.P.

Abstract

The article analyzes some of the problems of legal regulation

of trials in absentia and the order of determination of the verdict

in absentia. On the basis of legal practice, taking into account the

results of the survey of judges, and current legislation proposals on

improvement of this legal institution are formulated.

Juridical Journal of Samara University. 2016;2(3):92-98
pages 92-98 views

TRUST OF POPULATION TO THE JUDICIAL POWER

Razveikina N.A.

Abstract

The article concerns on the issue of public trust in the judiciary

power, its complex nature is emphasized because of the

multidimensional nature of the very phenomenon of trust. The

function of trust as a socio-psychological phenomenon in the

relations between state structures and civil society members is

defined. It is proposed to use an interdisciplinary approach to the

study and development of trust in the broad masses in the judiciary

power, it has been suggested the need to implement this task at

the national level.

Juridical Journal of Samara University. 2016;2(3):99-105
pages 99-105 views

ON RENDERING LEGAL ASSISTANCE TO THE APPREHENDED AND SUSPECTED OF COMMITTING A CRIME

Rudnev V.I.

Abstract

The article is devoted to the application of such measure of

coercion as detention. Problems which exist in practical activity

of law enforcement bodies are revealed. It is indicated about the

right of the detained and suspected to use legal assistance. The

author gives definition to the notion «apprehended person».

Juridical Journal of Samara University. 2016;2(3):106-109
pages 106-109 views

INTERNATIONAL COOPERATION IN THE SPHERE OF THE INVESTIGATION OF TERRACTS

Sizov A.A.

Abstract

The present article is devoted to the issue of international

cooperation in the sphere of investigation of crimes of terroristic

orientation, in particular, of terroristic acts. Specific forms of

interstate cooperation of law-enforcement agencies of different

countries during the production on criminal cases about terroristic

acts are presented; the conclusion about the necessity of development

of new forms and methods of interaction of states at the prevention

of terrorism is made.

Juridical Journal of Samara University. 2016;2(3):110-114
pages 110-114 views

RECUSATION OF A LAWYER AT SPECIAL PROCEDURE OF PROCEEDING AND CRIMINAL PROCEDURE

Taran A.S.

Abstract

In the article the procedure of recusation of a lawyer during the

production of procedure and criminal proceedings according to

special procedure, in particular during the stage of execution of a

sentence is investigated. Some defects of legal regulation of recusation

applying to the designated forms of criminal procedure are identified,

the conclusion about the necessity of improvement of the institute

of recusation in the analyzed part is made.

Juridical Journal of Samara University. 2016;2(3):115-120
pages 115-120 views

INTERRELATIONS OF THE ACCUSED WITH THE VICTIM AND THEIR ROLE IN THE FORMATION OF HIS CRIMINALLY-REMEDIAL CONDUCT

Ustinov D.S.

Abstract

The article analyzes relationships of an injured person with the

accused one, their character, focus and possibility of influence on

the criminally-remedial behavior of the accused.

Juridical Journal of Samara University. 2016;2(3):121-127
pages 121-127 views

REFUSAL TO INITIATE A CRIMINAL CASE AND ITS TERMINATION DUE TO RECONCILIATION OF THE PARTIES IN THE CONTEXT OF DEVELOPMENT OF MEDIATION IN RUSSIA

Shestakova L.A.

Abstract

Proposals for the change of criminal procedure law for the use

of mediation in the preliminary investigation are formulated in

the article. Mediation can replace the long pre-trial proceedings.

Execution of a mediation agreement conditions will be a major

challenge for law enforcement. This proposal would not establish

the subject of evidence in every criminal case.

Juridical Journal of Samara University. 2016;2(3):128-134
pages 128-134 views

LEGAL AND MORAL RELATIONS BETWEEN THE VICTIM AND HIS LAWYER

Yunoshev S.V.

Abstract

The article deals with legal and moral aspects of the interaction between the victim and his lawyer in criminal proceedings, their influence on the choice of the procedural position in the case, as well as procedural decisions taken. Particular attention is paid to the relations developing between the actors, in the event of substantial conflicts between them. In this light, it examines the possibility of submitting a lawyer with only legal interests. Also the problem of attorney-client privilege and other safeguards to ensure a relationship of trust between a lawyer - representative and the victim are investigated separately.

Juridical Journal of Samara University. 2016;2(3):135-142
pages 135-142 views

Events

CONFERENCE «TOPICAL ISSUES OF CRIMINAL PROCEDURE LAW AND CRIMINALISTICS»: SUMMING UP

Olinder N.V.

Abstract

0–21 октября 2016 года на юридическом факультете федерального государственного автономного образовательного учреждения высшего образования «Самарский национальный исследовательский университет имени академика С.П. Королева» состоялась Международная научно-практическая конференция «Актуальные проблемы уголовно-процессуального права и криминалистики», посвященная 25-летию принятия Концепции судебной реформы в Российской Федерации и 15-летию принятия Уголовно-процессуального кодекса Российской Федерации. Инициатором и организатором конференции выступила кафедра уголовного процесса и криминалистики.

Juridical Journal of Samara University. 2016;2(3):7-9
pages 7-9 views

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