Vol 2, No 3 (2016)
- Year: 2016
- Articles: 20
- URL: https://journals.ssau.ru/jjsu/issue/view/240
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
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.
UNIFICATION OF LEGAL NORMS AS A PREREQUISITE OF FORMATION OF A SINGLE SET OF PROCEEDINGS
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.
CULTURE OF SPEECH AS A FIELD OF CRIMINALLY-REMEDIAL SCIENC
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.
SOME PROCEDURAL AND TACTICAL PECULIARITIES OF IMPLEMENTATION OF EXAMINATION IN AZERBAIJAN REPUBLIC
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.
CONCEPT OF JUDICIAL REFORM IN RUSSIA AND SPECIAL ASPECTS OF CRIMINAL PROCEDURE POLICY OF THE STATE
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.
ANALYSIS OF THE PRACTICE OF CRIMINAL CASE DISMISSAL UNDER THE ARTICLE 25 OF THE RUSSIAN FEDERATION CODEOF CRIMINAL PROCEDURE
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.
ON SOME QUESTIONS OF APPLICATION OF MEASURES OF RESTRAINT IN THE FORM OF DETENTION
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.
ORDER AND PROBLEMS OF JUDICIAL CONSIDERATION OF A CRIMINAL CASE TO PROCEED WITH ACCUSATORY DECREE
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.
SOME PROBLEMATIC ASPECTS OF PRE-TRIAL STAGE OF CRIMINAL PROCEEDINGS
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.
VERDICT IN THE ABSENCE OF THE DEFENDANT: TOPICAL ISSUES OF THEORY AND PRACTICE
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.
TRUST OF POPULATION TO THE JUDICIAL POWER
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.
ON RENDERING LEGAL ASSISTANCE TO THE APPREHENDED AND SUSPECTED OF COMMITTING A CRIME
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».
INTERNATIONAL COOPERATION IN THE SPHERE OF THE INVESTIGATION OF TERRACTS
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.
RECUSATION OF A LAWYER AT SPECIAL PROCEDURE OF PROCEEDING AND CRIMINAL PROCEDURE
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.
REFUSAL TO INITIATE A CRIMINAL CASE AND ITS TERMINATION DUE TO RECONCILIATION OF THE PARTIES IN THE CONTEXT OF DEVELOPMENT OF MEDIATION IN RUSSIA
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.
LEGAL AND MORAL RELATIONS BETWEEN THE VICTIM AND HIS LAWYER
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.
Events
CONFERENCE «TOPICAL ISSUES OF CRIMINAL PROCEDURE LAW AND CRIMINALISTICS»: SUMMING UP
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.