Suspicion and Charge Statuses in Criminal Remedial Activities

2015 ◽  
Vol 3 (7) ◽  
pp. 0-0
Author(s):  
Елена Сопнева ◽  
Elena Sopneva
Keyword(s):  
Legal Regulation ◽  
The Other ◽  
Theoretical Development ◽  
Criminal Case ◽  
Criminal Proceedings ◽  
Foreign Experience ◽  
Procedural Time ◽  
The One ◽  
The Right

The author analyzes legislative, theoretical and practical levels of suspicion and charge enforcement. The author identifies problems of understanding the concepts of suspicion and charge: during theoretical and legislative classification of these categories the author identifies the absence of sound differences in their essence. The author considers foreign experience in realization of the suspicion and charge statuses in criminal remedial activities. The author comes to the conclusion that on the one hand, the suspicion, due to its procedural demand and importance has the right for independent theoretical development and independent legal regulation and on the other hand, it can be considered as an alternative to charge, since the latter cannot be considered to be the only possible basis for a transfer of a criminal case to a court. The author also accepts the variant when suspicion takes principal procedural time and the charge is defined at the end of criminal proceedings when the case is transferred to a court to be considered on the merits.

Some Aspects of the Procedural Situation of Minors Left Without Parental Care in Civil Proceedings

2021 ◽  
pp. 77-87
Author(s):  
E. V. Karpeeva
Keyword(s):  
Parental Care ◽  
Legal Regulation ◽  
The Other ◽  
Formal Approach ◽  
Conflict Of Interests ◽  
Civil Proceedings ◽  
The One ◽  
The Right ◽  
A Minor ◽  
Further Development

The presented study addresses the problems of protecting the rights and interests of minors, including children left without parental care. The author analyzes the provisions of the current family and civil procedural legislation and identifies several problems in the legal regulation of the participation of minors in the consideration of cases affecting their interests. The author notes that a formal approach to the enforcement of the right of minors to be heard in court is unacceptable, justifies the need for further development of the concept of “conflict of interests” between custodians (guardians), custody and guardianship authorities on the one hand and minors on the other. The necessity of continuous professional legal support for a minor (representation on behalf of a minor) throughout the entire proceedings on the case is justified.

scholarly journals Waiver of a Counsel (for the Defense) in a Criminal Procedure

2021 ◽  
Vol 1 ◽  
pp. 29-32
Author(s):  
Vladimir D. Postanyuk ◽  
Keyword(s):  
Criminal Procedure ◽  
The Other ◽  
Specific Time ◽  
Criminal Proceedings ◽  
Relevant Article ◽  
Procedure Code ◽  
Complete Rejection ◽  
Constitutional Right ◽  
The One ◽  
The Right

Provision to the suspect and defendant’s constitutional right to protection is an essential principle of criminal proceedings (article 16 of the code). In the code there are some articles that illuminate the mechanism of participation of the defender in criminal proceedings, this includes: defining the range of persons who can be advocates, fixing specific time, the participation of counsel in the case, an order of protection and other issues. But it is the question of the implementation of the right of the accused (suspect) to refuse to defend and participate in the case of a lawyer that is of fundamental practical and legal importance. There are two possibilities that should be distinguished: on the one hand, complete rejection of the defender in general, and on the other hand, rejection of a specific defender. The refusal of a lawyer in general is provided with a number of restrictions, which are listed in the relevant article of the criminal procedure code. in all other cases, the rule applies that it is possible to refuse to help a lawyer at any time during the criminal proceedings. This article is devoted to the consideration of these issues.

scholarly journals SOME PROBLEMS OF ENSURING THE PROTECTION OF ATTORNEY-CLIENT PRIVILEGE IN THE CRIMINAL PROCESS OF RUSSIA AND BELARUS

2018 ◽  
pp. 41-43
Author(s):  
E.V. Ezhova
Keyword(s):  
Russian Federation ◽  
The Other ◽  
Constitutional Court ◽  
Criminal Proceedings ◽  
Legal Regime ◽  
Criminal Procedure Law ◽  
The Russian Federation ◽  
The Republic ◽  
The One ◽  
The Right

The article deals with the basic guarantees of protection of attorney-client confidentiality in criminal proceedings. A comparative analysis of the legislative norms of the Russian Federation and the Republic of Belarus regulating the legal regime of attorney-client confidentiality is carried out. The article presents the legal positions of the constitutional Court of the Russian Federation on the issue under consideration, which contributed to the amendments to the criminal procedure law of Russia aimed at providing additional guarantees for the protection of attorney-client confidentiality. The author concludes that the practice of application of the rules containing guarantees of protection of attorney-client confidentiality testifies, on the one hand, to the need to strengthen the protection of citizens' rights to ensure the confidentiality of information provided to the lawyer, and, on the other hand, to the importance of preventing abuse of the right to protection by lawyers and their clients

scholarly journals Some Issues Related to the Implementation of the Right to Protection by Individuals in Respect of Whom Criminal Proceedings Are Carried Out to Prove Them Guilty of Committing a Crime

2021 ◽  
Vol 15 (2) ◽  
pp. 396-404
Author(s):  
OL’GA P. ALEKSANDROVA ◽  
LYUDMILA YU. BUDANOVA
Keyword(s):  
Human Rights ◽  
Legal Regulation ◽  
Defense Attorney ◽  
Criminal Case ◽  
Criminal Prosecution ◽  
Criminal Proceedings ◽  
Legal Standards ◽  
The Status ◽  
The Moment ◽  
The Right

Introduction: the article deals with the issues of protection of the rights and freedoms of persons against whom criminal proceedings are carried out to prove them guilty of committing a crime; these issues have always been in the focus of attention of the progressive world community and the legislator. Aims: to analyze the legislation and law enforcement practice of Russia and some other countries in the field of the implementation of the right to protection by persons against whom criminal procedural activities are carried out to prove them guilty of committing a crime, to identify problem issues of a legal nature in this field, and to formulate scientifically substantiated recommendations to address them (minimization). Methods: the dialectical method of scientific knowledge forms the methodological basis of our study. We also use the following methods of scientific cognition: systematic, formal-logical, comparative-legal, etc. Results: the practice of ensuring the right to protection from suspicion or charge, including the decisions of the European Court of Human Rights, shows that not all issues of legal regulation in this area have been resolved to a degree that satisfies science and practice; human rights established by international legal standards are still being violated, the principle of adversarial parties in criminal proceedings is not implemented to the fullest extent, especially in pre-trial proceedings. Discussion: currently, the following issues are debatable: about the possibility of participation of the defender before an official suspicion or charge is brought against the person in an initiated criminal case (from the moment of the beginning of the implementation of procedural actions against a person, aimed at verifying the report of a crime and the involvement of the person in the commission of this crime, before the initiation of a criminal case, as well as from the moment of the implementation of a procedural action in an initiated criminal case affecting the rights and freedoms of the person against whom it is being carried out, and aimed at proving them guilty of committing the crime); about the possible participation of another person as a defender upon the request of the defendant, as well as the scope of the requirements such persons should comply with, and a set of criteria, according to which a decision should be made to allow the individual who does not have the status of defense attorney to act as a defender. Conclusions: based on the results of the study, we formulate proposals for improving the criminal procedure legislation aimed at expanding the scope of possible participation of a defender in criminal proceedings at the stage before the official suspicion or charge is brought, and determining the procedure for considering applications for allowing other persons who do not have the status of defense attorney to act as a defender. Keywords: Criminal prosecution; defender; defense attorney; petition

scholarly journals Legal regulation of initiation stage of criminal proceedings: foreign experience

2019 ◽  
pp. 104-110
Author(s):  
V. N. Rostova
Keyword(s):  
Preliminary Investigation ◽  
Criminal Procedure ◽  
Legal Regulation ◽  
Criminal Case ◽  
Criminal Proceedings ◽  
Foreign Experience ◽  
The Republic ◽  
Initiation Stage

The paper describes the main trends in the development of the criminal case in the Russian criminal procedure. The author analyzed changes in the criminal procedure legislation of Ukraine, the Republic of Kazakhstan regarding refusal to initiate a criminal case as a stage of criminal proceedings. The author makes a conclusion about the significance of the stage of initiation of a criminal case in the Russian criminal procedure. It also does not exclude the need to improve criminal procedural legislation in terms of regulating the stage in question by legislatively defining the rights of participants to verify a crime report, defining a list of investigative actions, the results of which could be used for evidence at the preliminary investigation stage, beyond duplication of actions already taken and so on.

Challenges of Media Education Standards in Georgia

2017 ◽  
Vol 2 (2) ◽  
Author(s):  
Marine Vekua
Keyword(s):  
Working Conditions ◽  
Teaching Methods ◽  
International Standards ◽  
The Other ◽  
Historical Background ◽  
Journalism Education ◽  
Education Standards ◽  
Modern Media ◽  
The One ◽  
The Right

The main goal of this research is to determine whether the journalism education of the leading media schools inGeorgia is adequate to modern media market’s demands and challenges. The right answer to this main questionwas found after analyzing Georgian media market’s demands, on the one hand, and, on the other hand, differentaspects of journalism education in Georgia: the historical background, development trends, evaluation ofeducational programs and curricula designs, reflection of international standards in teaching methods, studyingand working conditions.

Somatoform disorders: diseases of the civilization

2020 ◽  
pp. 25-30
Author(s):  
I. Kukhtevich
Keyword(s):  
Health Professionals ◽  
Somatoform Disorders ◽  
Neuropsychiatric Disorders ◽  
The Other ◽  
Significant Part ◽  
Organic Basis ◽  
Autonomic Disorders ◽  
The One ◽  
Somatic Diseases

Functional autonomic disorders occupy a significant part in the practice of neurologists and professionals of other specialties as well. However, there is no generally accepted classification of such disorders. In this paper the authors tried to show that functional autonomic pathology corresponds to the concept of somatoform disorders combining syndromes manifested by visceral, borderline psychopathological, neurological symptoms that do not have an organic basis. The relevance of the problem of somatoform disorders is that on the one hand many health professionals are not familiar enough with manifestations of borderline neuropsychiatric disorders, often forming functional autonomic disorders, and on the other hand they overestimate somatoform symptoms that are similar to somatic diseases.

The Taubman/Golandsky Approach to the Violin

Public Voices ◽  
2016 ◽  
Vol 12 (2) ◽  
pp. 7
Author(s):  
Sophie Till
Keyword(s):  
The Other ◽  
Technical Approach ◽  
Piano Technique ◽  
Pedagogical Approach ◽  
New Developments ◽  
Body Of Knowledge ◽  
Music Making ◽  
Helping Others ◽  
The One ◽  
The Right

Three years ago Sophie Till started working with pianist Edna Golandsky, the leading exponent of the Taubman Piano Technique, an internationally acclaimed approach that is well known to pianists, on the one hand, for allowing pianists to attain a phenomenal level of virtuosity and on the other, for solving very serious piano-related injuries. Till, a violinist, quickly realized that here was a unique technical approach that could not only identify and itemize the minute movements that underlie a virtuoso technique but could show how these movements interact and go into music making at the highest level. Furthermore, through the work of the Golandsky Institute, she saw a pedagogical approach that had been developed to a remarkable depth and level of clarity. It was an approach that had the power to communicate in a way she had never seen before, despite her own first class violin training from the earliest age. While the geography and “look” on the violin are different from the piano, the laws governing coordinate motion specifically in playing the instrument are the same for pianists and violinists. As a result of Till’s work translating the technique for violin, a new pedagogical approach for violinists of all ages is emerging; the Taubman/Golandsky Approach to the Violin. In reflecting on these new developments, Edna Golandsky wrote, “I have been working with the Taubman Approach for more than 30 years and have worked regularly with other instrumentalists. However, Sophie Till was the first violinist who asked me to teach her with the same depth that I do with pianists. With her conceptual and intellectual agility as well as complete dedication to helping others, she has been the perfect partner to translate this body of knowledge for violinists. Through this collaboration, Sophie is helping develop a new ‘language’ for violinist that will prevent future problems, solve present ones and start beginners on the right road to becoming the best they can be. The implications of this new work for violinists are enormous.”

scholarly journals MAPPING AND ENHANCING DESIGN STUDIES WITH PSI META-THEORETIC DESIGN FRAMEWORK

2021 ◽  
Vol 1 ◽  
pp. 2007-2016
Author(s):  
Yoram Reich ◽  
Eswaran Subrahmanian
Keyword(s):  
Design Research ◽  
The Other ◽  
Design Studies ◽  
Abstraction Level ◽  
Follow Up Studies ◽  
The One ◽  
The Right ◽  
Abstract Framework ◽  
Tools And Methods

AbstractDesign research as a field has been studied from diverse perspectives starting from product inception to their disposal. The product of these studies includes knowledge, tools, methods, processes, frameworks, approaches, and theories. The contexts of these studies are innumerable. The unit of these studies varies from individuals to organizations, using a variety of theoretical tools and methods that have fragmented the field, making it difficult to understand the map of this corpus of knowledge across this diversity.In this paper, we propose a model-based approach that on the one hand, does not delve into the details of the design object itself, but on the other hand, unifies the description of design problem at another abstraction level. The use of this abstract framework allows for describing and comparing underlying models of published design studies using the same language to place them in the right context in which design takes place and to enable to inter-relate them, to understand the wholes and the parts of design studies.Patterns of successful studies could be generated and used by researchers to improve the design of new studies, understand the outcome of existing studies, and plan follow-up studies.

Grotian Moments and Peremptory Norms of General International Law: Friendly Facilitators or Fatal Foes?

Grotiana ◽  
2021 ◽  
Vol 42 (2) ◽  
pp. 335-353
Author(s):  
Dire Tladi
Keyword(s):  
International Law ◽  
The Other ◽  
High Threshold ◽  
Other Hand ◽  
State Practice ◽  
The One ◽  
Jus Cogens ◽  
The Right ◽  
Peremptory Norms ◽  
Law Making

Abstract The concept of a Grotian moment remains rather obscure in international law. On the one hand, it can refer simply to an empirical fact which galvanises the ordinary law-making processes, whether treaty-making or State practice, resulting in major shifts in international law. On the other hand, a Grotian moment might be seen as an event so significant that it results in an extraordinary shift in international law without full adherence to the processes for law-making. The former understanding has little legal significance, while the latter, which would be legally significant, would be controversial and without legal basis. Against this background the article discusses the intersections between peremptory norms and Grotian Moments. It does this by looking at the intersection between the two concepts as well as the intersection between Grotian Moments, on the one hand and, on the other hand, particular jus cogens norms. With respect to the former, for example, the article will consider whether the high threshold of peremptory status facilitates and hinders Grotian moments. With respect to the latter, the article will consider particular norms that have been said to have shifted on account of the Grotian moments, namely the right to use of force in self-defence as well humanitarian intervention.

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