Institution of criminal proceedings for economic offences
... optimal scenario for initiating these criminal cases and determining the most appropriate procedure for their investigation. This study relied on the methods of comparative studies, analysis and synthesis. Using the method of comparative studies, the norms of the Criminal Procedure Code of the Russian Federation and the Criminal Code of the Russian Federation on the initiation of criminal cases in the economic sphere were compared. A graphic comparison was drawn between the content of part 3 of article 20 of ...
Correlation between the concepts of institution and sub-institution in criminal law
The article considers correspondence between the concepts of institution and sub-institution in the criminal law. The understanding of the criminal law sub-institution as an element of the structure of criminal law institute requires verification in terms of analysis of the correlation between these concepts. It is especially urgent due to the fact ...
Legislative Flaws in the Provision of Article 281.1 of the Criminal Code of the Russian Federation “ Sabotage Activities Encouragement”
... Part of the Criminal Code of the Russian Federation has been supplemented with provisions that establish liability for preparation for another crime and forms of complicity in committing another crime. In doctrine, such provisions are referred to as criminal law norms with dual prevention, as they are designed to prevent other, typically more serious, offenses. In 2022, the heightened threat of sabotage within Russia led to the introduction of Article 281.1 of the Criminal Code of the Russian Federation, which ...
Crime situation as an object of criminal law and criminological impact
... criminological and criminal justice measures of crime prevention. The methodology of the research relied on both general scientific methods (logical and systemic methods, method of analysis) and the method of formal legal analysis for interpreting the norms of criminal procedure and criminal law. The author demonstrates the growing attention to the crime situation, and this awareness contributes to crime prevention both at the level of regular practice and the legislation. The situational crime prevention was ...
Problems of using the results of an operational experiment and test purchase in proving a criminal case
... of documented results of such operational measures, a legal standard for their conduct is developed. Unlike sectoral developments regarding such a legal standard, an interdisciplinary legal standard is proposed. It includes criminal procedural norms, norms of criminal investigative law, as well as judicial precedents. Compliance with this standard should guarantee the admissibility of using the results of these operational measures in criminal procedural evidence. Simultaneously, the rights of individuals ...
The concept and typologisation of defects in the criminal procedure law
... formulated. The existing views on the classification of defects of the law are presented, the possibility of dividing such defects into types is justified, bringing the author’s view of such a division.
Dolgikh T.N.
defects of law, defect of the criminal procedure law, classification and types of defects, gaps, collisions, inconsistency of norms, flaws of a stylistic and linguistic nature
25-37
10.5922/vestnikhum-2024-4-3
The model of proceedings in the court of first instance in the criminal procedure doctrine of Russia
The relevance of the study of proceedings in the court of first instance is determined by the need to build its model in the conditions of public and adversarial criminal proceedings, the purpose of which is to protect human rights. The criminal procedural norms regulating the resolution of a criminal legal dispute need to be systematized in order to apply them most effectively. Dialectical, axiological, synergetic research methods were used, as well as the theory of social action. Methods of information ...
Legal regulation of extradition in Russia: the interplay between international and national provisions
... and the influence of national political dynamics on the implementation of international obligations. Analysing relevant legal norms and research perspectives leads to several conclusions. Firstly, there exists a fairly effective mechanism for safeguarding ... ... extradition procedure. These findings may be utilised in further research on extradition as a type of international cooperation in criminal proceedings. Therefore, comprehending the relationship between international and national extradition provisions is the ...
Formalisation of cognition in a special proceeding trial
... on the provisions of the concept of formal (legal) evidence. The formalisation of evidence presupposes the availability of the necessary proofs and mandatory sources of evidence that create proper conditions for the implementation of the procedural norm of Chapter 40 of the Code of Criminal Procedure.
1. Александров А. С. Основание и условия для особого порядка принятия судебного решения при согласии обвиняемого с предъявленным ...
Criminal penalties of material nature: Imposition and enforcement
This article focuses on the imposition and enforcement of criminal penalties of material nature – fines and community services. Special attention is paid to a low effectiveness of fine enforcement, in particular, due to the inflexibility of the legislative norm. The author presents several suggestions, in particular, reducing the minimum level of progressive fines. It is stressed that imposition of community service penalties is complicated by the possible unemployment of the sentenced person.
1. Уголовный ...
Legal Provision: General Theoretical and Criminal Aspects
... вузов. М., 2007.
10.
Черданцев А.
Ф.
Логико-языковые феномены в праве, в юридической нау
ке и практике. Екатеринбург, 1993.
Chirkov A.
legal provision, criminal norm, legislative technique, presumption,
fiction.
33-37
10.5922/2223-2095-2009-9-4
The criminological and psychological profile of persons sentenced to restriction of freedom
... restriction of freedom registered at penal institutions of the Kaliningrad region. An analysis of the results of the study suggest that, during the sentence period, those sentenced to restriction of freedom either do not reject the commonly accepted norms, values, and behavior patterns or demonstrate the medium degree of rejection. This category of convicted persons shows either low or medium degree of readiness for delinquent behavior and aggression. In most cases, those sentenced to restriction ...
Проблемы современного доказательственного права в уголовном процессе
... Предлагается внести изменение в нормативное определение понятия источников доказательств.
This article focuses on the procedural and legal nature of sources of evidence in the criminal procedure. The authors analyse principal perspectives presented in modern Russian literature, offer their own solution to this problem, and suggest amending the normative description of the concept of source of evidence.
1. Об информации,...