scholarly journals PECULIARITIES OF CRIMINAL-PROCEDURAL ACTIVITY OF THE PUBLIC PROSECUTOR IN PRE-TRIAL PROCEEDINGS IN FOREIGN COUNTRIES

2016 ◽  
Vol 1 (6) ◽  
pp. 0-0
Author(s):  
Ксения Таболина ◽  
Kseniya Tabolina
Keyword(s):  
Preliminary Investigation ◽  
Criminal Procedure ◽  
The United States ◽  
Public Prosecutor ◽  
Kyrgyz Republic ◽  
Federal Republic Of Germany ◽  
The Public ◽  
Foreign Countries ◽  
Independent States ◽  
The Republic

This article is dedicated to peculiarities of criminal-procedural activity of the Public Prosecutor in pre-trial proceedings in foreign countries. In this regard, the author studied the provisions of the constitutional and criminal procedure legislation of all member states of the Commonwealth of Independent States (the Azerbaijan Republic, the Republic of Armenia, the Republic of Belarus, the Republic of Kazakhstan, the Kyrgyz Republic, Moldova, Tajikistan, Turkmenistan, Uzbekistan, Ukraine), Georgia, and Federal Republic of Germany, and presented in the article foreign experience of the French Republic and the United States of America. According to the results of the analysis the conclusion is drawn concerning the role of public prosecution in foreign countries, the main activities of the Public Prosecutor in pre-trial criminal procedure of these countries and the scope of the powers of the Public Prosecutor in pre-trial proceedings in foreign countries and its relationship with the form of the preliminary investigation.

scholarly journals FOREIGN EXPERIENCE OF DOMESTIC VIOLENCE PREVENTION

2020 ◽  
pp. 284-292
Author(s):  
О. С. Дмитращук
Keyword(s):  
Domestic Violence ◽  
Social Services ◽  
The United States ◽  
Legal Responsibility ◽  
Federal Republic Of Germany ◽  
Positive Experience ◽  
The Public ◽  
The Republic ◽  
Set Up ◽  
Domestic Violence Prevention

The relevance of the article is that the analysis of the legislation of foreign countries gives grounds to assert that in most countries of the world legislation on combating domestic violence has not yet been adopted, and in those countries that have laws to prevent domestic violence has not yet had sufficient experience. combating this socially dangerous phenomenon, and some countries completely ignore measures related to domestic violence, although they have laws to combat domestic violence. The article examines the most positive experience in preventing domestic violence in Europe and other countries. It is established that the most acceptable for Ukraine is a positive experience in preventing domestic violence in European countries. It has been established that in Austria the police are empowered to evict offenders and impose prohibition orders. The country has established “intervention centers” that provide free counseling, assistance and support to victims of domestic violence. In the Republic of Bulgaria, such a form of punishment is provided as public condemnation, which is manifested in the public condemnation of the violator before the labor collective in which he works or before the organization of which he is a member. It was found that the practice of cooperation between the police and the community in overcoming the problem of domestic violence, which is regulated by the Claire Act, is relevant. In the Federal Republic of Germany, domestic violence is not only aggressive and violent acts between a woman and a man, but also between children, parents, sisters and brothers. It is emphasized that in the Republic of Poland the public condemnation of the criminal act of the offender is a positive experience, because for offenders it is more unpleasant to condemn society than legal responsibility. In the United States, children’s social services are focused not only on the child, but also on the family as a whole. There are government and community commissions to investigate cases of violence in this state, and special shelters have been set up to house women with children who have left their homes due to ill-treatment.

scholarly journals COMPARATIVE LEGAL ANALYSIS IN THE FIELD OF ENVIRONMENTAL PROTECTION POWERS OF SELF-GOVERNMENT BODIES IN FOREIGN COUNTRIES

2016 ◽  
Vol 2 (1) ◽  
pp. 0-0
Author(s):  
Джахонгир Сафаров ◽  
Dzhakhongir Safarov ◽  
Зафар Рузиев ◽  
Zafar Ruziev
Keyword(s):  
Environmental Protection ◽  
Environmental Control ◽  
The United States ◽  
The Self ◽  
Legal Analysis ◽  
The European Union ◽  
Nature Protection ◽  
Foreign Countries ◽  
Independent States ◽  
The Republic

On the basis of the provisions of environmental legislation, as well as laws on local self-government of the United States, the European Union and the Commonwealth of Independent States the comparative legal analysis of the self-government authority in the field of environmental protection is given. The specifics of powers of citizens’ self-government institute (mahalla) in the Republic of Uzbekistan in the sphere of environmental protection are determined. The classification of the environmental authorities of self-government bodies in such four key areas as organizing and conducting of environmental education and conservation work on the ground, implementation of public environmental control, the realization of the economic mechanism of nature protection and management in the field of ecology is offered. The conclusion about the possibility of using of the rules laid down in the legislation of studied states in the domestic legislation is made. The priority areas for further extension of powers of environmental government agencies are proposed. The prospects for improving the legal rules for the participation of self-government bodies in the field of nature protection, the expansion of the powers of environmental authorities of the self-government bodies in the field of environmental rights of citizens, as well as the strengthening of mechanisms to ensure environmental information by the selfgovernment bodies are studied.

"Consensus Justice" in Criminal Cases: Innovations of the Member Nations of the Commonwealth of Independent States

2021 ◽  
pp. 50
Author(s):  
Olga I. Semykina
Keyword(s):  
Criminal Procedure ◽  
Comparative Approach ◽  
Private Law ◽  
Kyrgyz Republic ◽  
Criminal Cases ◽  
Commonwealth Of Independent States ◽  
Criminal Procedure Law ◽  
Independent States ◽  
The Republic ◽  
Definition Of

The article announces the vectors of adaptation of mechanisms of private law regulation in Criminal and criminal procedure Law. Within the framework of a comparative approach, the thesis is put forward for discussion on the formation in the jurisdictions of the Member Nations of the Commonwealth of Independent States of a new model of the administration of justice in criminal cases, aimed at reaching a "consensus" between the subjects of public law relations - the defense and prosecution sides - on the "cost" of the crime and the resulting " benefit "from the consequences of "paying" such for a particular party. This model of regulation the conflict, which has a high dispositiveness for Criminal Law and criminal procedure, allows the state (represented by the bodies conducting the criminal process), in exchange for the speedy achievement of the goals of justice and procedural economy, to “propose to the “defendant” of the criminal case (suspect, accused and sometimes defendant) certain advantages. The author considers it possible to apply the definition of “consensus justice” to the model within which “contracts” of a private law nature are concluded, discussed and executed. When submitting the material, the aim was not to highlight the approaches to the corresponding transformations in all, without exception, the jurisdictions of the countries participating in the Commonwealth of Independent States integration association. The author limited the subject of comparative analysis to innovative in time and space mechanisms for regulating "consensus justice", the approbation of which is already provided for by the criminal and (or) criminal procedure legislation of the Russian Federation, the Kyrgyz Republic, the Republic of Belarus, Kazakhstan, Moldova and Uzbekistan. The provisions and conclusions accumulated in the article reflect the position of the author, they are not indisputable and can cause discussion.

scholarly journals Relationship Between the Police and the Prosecutor’s Office in Individual European Countries

2021 ◽  
Vol 11 (11) ◽  
Author(s):  
Miroslav Janjić
Keyword(s):  
Criminal Procedure ◽  
European Countries ◽  
Public Prosecutor ◽  
The Public ◽  
Procedure Code ◽  
The Republic

One of the main characteristics of the investigation in Germany is that the public prosecutor is in charge of investigation and the role of the police mainly depends on whether and to what extent the public prosecutor will entrust them with undertaking investigative actions. France has retained the division into inquests and investigation, as well as a powerful investigative judge. When a formal investigation is optional (it is obligatory only in the event of crimes) and is not conducted, inquests are the only form of preliminary proceedings. Preliminary investigations (inquests) are conducted by the judicial police, at the request of a public prosecutor or ex officio. The Criminal Procedure Code of the Republic of Italy, which was adopted in 1988 and which came into force in 1989, with its subsequent amendments, is significant, among other things, for introducing the accusatory model of criminal procedure instead of the inquisitorial one included in the Criminal Procedure Code of 1930 that was revoked when the new Criminal Procedure Code came into force.

scholarly journals REKONSEPTUALISASI JALUR KHUSUS DALAM RANCANGAN KUHAP SEBAGAI BENTUK REFORMASI SISTEM PERADILAN PIDANA INDONESIA

Arena Hukum ◽  
2021 ◽  
Vol 14 (1) ◽  
pp. 193-209
Author(s):  
Ladito Bagaskoro ◽  
Keyword(s):  
United States ◽  
Criminal Procedure ◽  
Plea Bargaining ◽  
The United States ◽  
Public Prosecutor ◽  
The Public ◽  
Procedural Law ◽  
Procedure Code ◽  
Legal Adviser ◽  
Case Files

Abstract The significant increase in the pile of case files between 2016 and 2019 led to the need for concepts or methods that can create judicial efficiency. In the spirit of reforming the Criminal Procedure Code, the drafting team of the Criminal Procedure Code tries to include procedures aimed at shortening and expediting procedural procedures through the existence of a special pathway in Indonesian criminal procedural law in the future, which is inspired by the concept of plea-bargaining in the United States and Britain. This normative research uses conceptual and comparative law. The result shows that a special line was given to the defendant who admitted to the criminal act charged making the trial hearing shorter. Second, there are several fundamental differences between the special lines in the Draft Criminal Procedure Code and plea bargaining in the United States, especially in the agreement between the defendant or legal adviser and the public prosecutor, the process for confessing the accused, the criminal acts included, and the position of the judge in their respective processes.

scholarly journals Procedural and legal status of the injured party according to the new criminal procedure code of the Republic of Serbia

Temida ◽  
2012 ◽  
Vol 15 (2) ◽  
pp. 105-119
Author(s):  
Momcilo Grubac
Keyword(s):  
Legal Status ◽  
Criminal Procedure ◽  
Public Prosecutor ◽  
Criminal Proceeding ◽  
The Public ◽  
Procedure Code ◽  
The Status ◽  
Injured Party ◽  
The Republic ◽  
The Right

In this article the author is critically analyzing certain solutions of the new Criminal Procedure Code of the Republic of Serbia from 2011 which consider the injured party and their rights in the criminal proceeding. He states that unlike the previous ones, this Code does not improve the status of the injured party but makes it even worse. The author particularly claims that the legislator yet again failed to establish the right of the injured party to be efficiently compensated in the event of a serious offense from a special fund and immediately after the crime has been committed, but prior to the end of the criminal proceeding. In the provision of the Code which states that the injured party may take over the prosecution and become a prosecutor replacing the Public Prosecutor (subsidiary prosecutor) only if the Public Prosecutor withdraws after having confirmed the indictment, however not in the cases of rejection of criminal charges or withdrawal from the prosecution in the previous proceeding, the author sees not only the limitation of the rights of the injured party, but also jeopardy of the public interest. This is due to the fact that, freed from a threat of the subsidiary accusation by the injured party, the Public Prosecutor has gained an absolute and uncontrolled monopoly over the initiation of criminal proceeding. According to the author, the subject of the proceedings will not have any substantial use from some rights which the new Code assigns to the injured party (for example the right to appeal against the judgment on the adjudicated property claim). In conclusion, the author stresses out that in spite of his objections against certain provisions in the Code, the legal status of the injured party is more favorable in the criminal law of Serbia then in many other countries.

scholarly journals The position of the injured party in a prosecutorial investigation

2021 ◽  
Vol 93 (1) ◽  
pp. 43-86
Author(s):  
Aleksandar Kvastek
Keyword(s):  
Federal Republic ◽  
Criminal Procedure ◽  
Public Prosecutor ◽  
Criminal Prosecution ◽  
Criminal Proceedings ◽  
The Public ◽  
Procedure Code ◽  
Injured Party ◽  
The Difference ◽  
The Republic

This paper will analyse the position of the injured party in an investigation conducted by the public prosecutor's office, which was implemented in the Republic of Serbia in 2011. After we have given the definitions of the injured party and the difference with the term victim, as a criminological category, we will discuss whether the Serbian Criminal Procedure Code (2011) takes a step back when it comes to the position of the injured party in criminal proceedings. First of all, the ability of the injured party to become a subsidiary prosecutor was limited, as it was prescribed that the injured party can take over criminal prosecution only after the confirmation of the public prosecutor's indictment, so the opportunity to acts as a subsidiary prosecutor does not exist in the manner in which it existed under the Criminal Procedure Code from 2001 of the Federal Republic of Yugoslavia. Then, we shall demonstrate how the position of the injured party was exacerbated in relation to deferred prosecution, as the injured party cannot submit an objection to the higher public prosecutor to re-examine the decision not to prosecute and the injured party's consent is not needed for this decision. The research conducted among deputy public prosecutors and attorneys for the purposes of this paper confirms the presumption that the Criminal Procedure Code in force downgraded the injured party's impact on the criminal proceedings.

Constitutional (State) law of foreign countries

2021 ◽  
Author(s):  
Aleksey Osavelyuk ◽  
Valeriy Nevinskiy ◽  
Kirill Kononov ◽  
Aliya Budagova ◽  
Igor' Dudko ◽  
...  
Keyword(s):  
Undergraduate Students ◽  
The United States ◽  
State Law ◽  
Federal Republic Of Germany ◽  
Republic Of China ◽  
The United Kingdom ◽  
Constitutional State ◽  
Foreign Countries ◽  
Special Part ◽  
General Part

The textbook summarizes the main features of the constitutional (State) law of foreign countries (General part) and the basics of the constitutional (state) law of individual countries — the United Kingdom of Great Britain and Northern Ireland, the United States of America, the French Republic, the Federal Republic of Germany and the People's Republic of China (Special Part). For undergraduate students in the direction of "Jurisprudence".

scholarly journals On the Implementation of the Captains of the Vessels of Powers of Bodies of Inquiry

2020 ◽  
pp. 80-82
Author(s):  
Andrey Mikhailovich Dolgov
Keyword(s):  
Public Relations ◽  
Criminal Procedure ◽  
Criminal Proceedings ◽  
Legal Proceedings ◽  
Stage Of Development ◽  
Foreign Countries ◽  
Communication Links ◽  
The Republic ◽  
The Impact ◽  
Current Stage

The paper deals with the implementation of such a principle of criminal procedure as the adversarial nature of the parties, in relation to the modern con-ditions of digitalization of legal proceedings. The relevance of this topic is explained by the fact that the current stage of development of public relations, characterized by the significant digitalization of communication links, in turn, is reflected in changes in legislation in General, and criminal proceedings in particular. At the same time, competition is one of the fundamental principles of this branch of law, the application of which should also be reflected in changes in legislation. In the course of the work, the criminal procedure norms regulating these issues, statistical data on the work of courts of General ju-risdiction, opinions and positions of leading proce-dural scientists in Russia and foreign countries (the Republic of Kazakhstan, Germany) were examined. As a result of the conducted research, the conclu-sion is made about the impact of the development of digitalization of criminal proceedings on the prac-tical application of the principle of adversarial par-ties.

Stages Of Legal Regulation Of Inquiry In The Republic Of Uzbekistan

2020 ◽  
Vol 02 (11) ◽  
pp. 179-186
Author(s):  
Bakhtiyor Khidoyatov ◽  
Keyword(s):  
Historical Development ◽  
Preliminary Investigation ◽  
Criminal Procedure ◽  
Legal Regulation ◽  
Legal Basis ◽  
The Republic

The article analyzes the notion of inquiry as a part of criminal procedure, preliminary investigation in particular. This analysis is carried out in the context of historical development of legal basis for criminal procedure and investigation. In the result, five stages of historical development of institute of inquiry are pointed out.

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