scholarly journals CHARACTERISTICS OF REVISION OF SENTENCES IN CRIMINAL PROCEEDINGS OF FOREIGN COUNTRIES

2016 ◽  
pp. 0-0
Author(s):  
Саркис Закарян ◽  
Sarkis Zakaryan
Keyword(s):  
Criminal Procedure ◽  
Judicial System ◽  
Grievance Procedure ◽  
Judicial Decision ◽  
Criminal Proceedings ◽  
Judicial Decisions ◽  
Foreign Countries ◽  
Domestic Legislation ◽  
Control Procedures ◽  
Different Levels

In this article the author examines the system of judicial stages on the revision of sentences in criminal proceedings of foreign countries, for example France, Germany, Belarus and Kazakhstan. The author analyzes the norms of criminal procedure legislation of these countries which are regulating the grievance procedure, the procedure, grounds and forms of review of sentences that entered and not entered into force in courts of the different levels of the judicial system of these countries. The author draws attention to the organization of the system of judicial stages which review the judicial decisions in criminal proceedings in the above mentioned countries, which consists of 3 instances, mutually explanatory of each other by forms, procedure, the object and limit of the criminal proceedings, the grounds for cancellation or changing of judicial decisions. The author notes that in the system of courts of the countries under consideration only once was reviewed the judicial decision entered into legal force. The author identifies a number of characteristics of the organization and activities of judicial stages to review verdict in the above mentioned countries, which may be of interest for the further reform of domestic legislation governing the organization and activity of control procedures in criminal proceedings.

scholarly journals Judicial System in the Criminal Proceedings in Some CIS Countries

2019 ◽  
Vol 9 (1) ◽  
pp. 3193-3208
Keyword(s):  
Criminal Procedure ◽  
Judicial System ◽  
Court Decisions ◽  
Criminal Proceedings ◽  
Distinctive Features ◽  
Commonwealth Of Independent States ◽  
Foreign Countries ◽  
Independent States ◽  
Cis Countries

This article examines the system of review of court decisions in criminal proceedings in some CIS (Commonwealth of Independent States) countries. The peculiarities of the verification of legality, validity and fairness of court decisions and the procedure for organizing the activities of higher courts are analyzed. The author also draws attention to recent changes in the criminal procedure legislation of such countries as Ukraine, Kazakhstan and Kyrgyzstan. Based on the results of the analysis of the system of methods of revision of court decisions functioning in foreign countries, the author makes conclusions about the similarities and distinctive features of the institute of revision of court decisions and puts forward proposals to improve the system.

ARBITRATION FLASH JUSTICE?

2021 ◽  
Vol 11 (1) ◽  
pp. 60-77
Author(s):  
A.R. SULTANOV
Keyword(s):  
Law Enforcement ◽  
Point Of View ◽  
Judicial System ◽  
Court Decision ◽  
Sources Of Information ◽  
Judicial Decision ◽  
Criminal Proceedings ◽  
Russian Science ◽  
Administration Of Justice ◽  
External Conditions

In this article, the author attempts to comprehensively consider such a concept as “flash justice”. The study of this concept, new for Russian science, takes place through the prism of law enforcement practice and the use of many illustrative examples of judicial acts, interviews with representatives of the judicial system and other sources of information. The mentioned phenomenon is considered and evaluated from the point of view of not only civil and arbitration, but also criminal proceedings, where examples are more colorful and clear. The author also cites foreign, in particular English, legal experience as an example. Thus, it is noted that a draft judicial act can be prepared by both the court staff, and its individual provisions can be prepared by the parties. At the same time, the existing guarantees related to the prevention of misleading the judge, as the author notes, contribute to the formulation of the draft court decision, which reflects only the objective facts established by the court and meets the criteria of truth and legality. Also, the article indirectly touches on certain retrospective aspects related to the development of the institution of judicial decision, as well as its transformations in the light of the changing external conditions of the administration of justice.

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.

scholarly journals Institute of consent with accusation in criminal proceedings of Russia and foreign countries

2021 ◽  
Vol 5 (S3) ◽  
Author(s):  
Sergey F. Shumilin ◽  
Petr A. Kolmakov ◽  
Aleksander A. Nasonov ◽  
Ekaterina A. Novikova ◽  
Oksana S. Shumilina
Keyword(s):  
Criminal Liability ◽  
Criminal Procedure ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
Legal Study ◽  
Procedure Code ◽  
Foreign Countries ◽  
Alternative Measures ◽  
Legal Consequences

The current study attempts to present the effects of a comparative legal study regarding the legal consequences of consent with accusation in Russia and foreign countries' criminal processes. It has been established that the institution of consent with accusation in the Russian criminal process does not have a significant effect on its reduction, and also does not determine the development and application of alternative measures of punishment for committing crimes. According to the current Criminal Procedure Code of Russia, consent with accusation concerning committing crimes of small and medium gravity entails the same consequences: release from criminal liability and reduction of the amount of punishment. Following the principle of fairness, the authors substantiated the most appropriate alternative penalties provided by the criminal procedure legislation of Germany and France.

scholarly journals EXPERIMENTAL INVESTIGATION THROUGH THE PRISM OF FOREIGN EXPERIENCE

2020 ◽  
Vol 10 (86) ◽  
Author(s):  
Oleksandr Haborak ◽  
Keyword(s):  
Criminal Procedure ◽  
Legal Regulation ◽  
Criminal Proceedings ◽  
Legal Traditions ◽  
Criminal Offenses ◽  
Foreign Countries ◽  
General Order ◽  
Simplified Procedures ◽  
Organizational Features ◽  
Procedure Codes

The article analyzes the organizational features and legal regulation of the stage of pre-trial investigation in such countries as Germany, France, Sweden, Estonia, Kazakhstan, Moldova, Russia. The study of criminal procedure legislation of certain countries and its application in practice suggests that there is a tendency to optimize the pre-trial investigation. Most of the considered foreign countries in the construction of simplified procedures for the investigation of minor crimes along with objective factors (low degree of public danger of the act, the obviousness of the crime, the admission of suspects (accused) of their guilt) also proceed from such conditions as equality of arms, awareness and voluntariness of the decision of the suspect (accused) on simplification of criminal procedure, provision of a reasonable level of guarantees of the rights of participants of criminal proceedings, preservation of the general order. Analyzing the pre-trial investigation in different countries, it was concluded that in these countries there are attempts both to approve the common standards of criminal procedure and to preserve their national legal traditions. Ukraine is in the process of reforming its pre-trial investigation bodies. On July 1, 2020, Law № 2617-VIII "On Amendments to Certain Legislative Acts of Ukraine Concerning Simplification of Pre-trial Investigation of Certain Categories of Criminal Offenses" (as amended) entered into force, aimed at humanizing criminal proceedings in accordance with European legislation. Today, our state has already moved from the stage of adopting legislative initiatives to the consistent implementation of the provisions of this Law, which are enshrined, in particular, in the Criminal and Criminal Procedure Codes of Ukraine. In this regard, the positive experience of the studied foreign countries (especially such post-Soviet countries as Estonia and Kazakhstan, which have a common past with Ukraine and which have already made successful steps in this area) will be useful for domestic professionals to qualitatively and timely eliminate all conflicts and gaps that arise during the application of the Law № 2617-VIII "On Amendments to Certain Legislative Acts of Ukraine to Simplify the Pre-trial Investigation of Certain Categories of Criminal Offenses", make all necessary relevant decisions, and thus increase efficiency pre-trial investigation bodies.

Features of legal regulation of the institute inquiry in the legislation of Ukraine and foreign countries

2021 ◽  
Author(s):  
Maryna Vandzhurak
Keyword(s):  
Czech Republic ◽  
Criminal Procedure ◽  
Legal Regulation ◽  
Criminal Proceedings ◽  
The Czech Republic ◽  
Criminal Offenses ◽  
Foreign Countries ◽  
The Republic ◽  
Simplified Procedure ◽  
Simplified Form

Problem setting. This article examines the legal regulation of the institute of inquiry in Ukraine and abroad. It is concluded that the institution of inquiry in foreign countries is inherently different from the national form of pre-trial inquiry, but has some similarities. In particular, the differences are in the establishment of different terms of pre-trial investigation, the subjects of the criminal investigation procedure, the specifics of the use of additional evidence, the presence of a mandatory condition – a guilty plea to the suspect, the prosecutor’s participation in the proceedings. The author identifies common features and differences of the institute of inquiry in Ukraine and other countries, which in turn allows to identify ways to improve existing legislation. The purpose of the article is to compare the legal regulation of the institution of inquiry in the current criminal procedure legislation of Ukraine and similar pre-trial investigation procedures in France, Germany, Austria, the Czech Republic (here in after – the Czech Republic), the Republic of Poland (here in after – Poland), Great Britain, Belarus, Kazakhstan in order to identify positive features in order to improve it. Analysis of recent researches and publications. The scientific works of Ukrainian scientists: N. I. Brovka, S. I. Simakov, O. V. Kerevych, K. B. Kalinovsky, etc. are devoted to the study of various aspects of inquiry in foreign countries. However, due to the lack of thorough research on the comparative analysis of the legal regulation of the institution of inquiry, as a simplified form of pre-trial investigation, with other countries, there is a need for such an analysis and highlight the positive aspects. Articles main body. The institute of inquiry belongs to a simplified form of pre-trial investigation, which speeds up the trial in order to ensure greater efficiency of the criminal justice system and reduce costs. Thus, the investigated form of pre-trial investigation came into force on July 1, 2020 in criminal procedure legislation, in accordance with the Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine to Simplify Pre-trial Investigation of Certain Categories of Criminal Offenses” № 2617-VIII of 22.11.2018. The need for inquiry as a simplified form of criminal proceedings is due, in particular, to the heavy workload of investigators (for example, the National Police) in cases of minor crimes, which are now called criminal offenses. Inquiry is conducted during the investigation of criminal offenses, special subject – the connoisseu of the subdivisions of the inquiry or the authorized persons of other subdivisions; inquiry is carried out in a short time – 72 hours in case of notification to the person on suspicion of commission of a criminal offense. Additional sources of evidence in criminal proceedings on criminal offenses, in addition to general sources of evidence, are also explanations of persons, results of medical examination, expert opinion, testimony of technical devices and technical means that have the functions of photography and filming, video or photo and filming, video recording. The procedure of simplified investigation of minor criminal offenses operates successfully in many foreign countries, in particular in the French Republic, the Kingdom of Spain, Kazakhstan, Germany, Austria, the Republic of Belarus, the Czech Republic, Poland. The simplified procedure in Poland does not apply to: – accused persons deprived of liberty, except in cases of prior arrest to the perpetrator of certain types of crimes; – minors; deaf, dumb or blind; – in the presence of reasonable doubts about the sanity of the suspect; – if the person does not speak Polish. The bodies investigating cases under the simplified procedure are the police, as well as other bodies authorized to conduct investigations (Article 471). The total term of the simplified investigation is 1 month. Regarding the legal regulation of the institute of inquiry in Austria, it should be noted that the preliminary investigation is carried out only in the form of inquiry. Immediate investigative actions related to the identification of the perpetrator, as well as other circumstances, are conducted by the police before the initiation of a criminal case and end with the transfer of all materials to the prosecutor. At the same time, the body of inquiry is authorized to carry out any investigative and operative-search actions (which is unique in comparison with Ukraine). It should be noted that a comparative analysis of the criminal procedure legislation of foreign countries allows to state the existence of a tendency to improve the pre-trial investigation towards its simplification. In international activities in the field of simplification of criminal procedure, there is a direction to adhere to such forms of justice that would optimally take into account the gravity of the crime, the consequences that may occur as a result. It is as a result of such simplification of criminal proceedings that it is possible to ensure procedural savings of forces, time and resources of participants in criminal proceedings. Conclusions and prospects for further research. As for the overall impact of criminal offenses on the criminal justice system, it should be agreed that it is mostly positive. The system itself has become more humane as the number of detentions has decreased and the number of precautionary measures applied during the investigation has been minimal. This is one of Ukraine’s important commitments to the Council of Europe. The average length of a pre-trial investigation has accelerated by about half. This article will be useful for scholars studying the features of forms of pre-trial investigation, as it contains a comparative study of the institute of foreign inquiry and national criminal procedure law. Attention is also focused on some problematic issues related to the simplified form of pre-trial investigation. It can serve as a springboard for scientists to further research the institute of inquiry.

scholarly journals Reflections on the Legal Classification of Participants in Criminal Proceedings

Lex Russica ◽  
2021 ◽  
pp. 103-111
Author(s):  
V. S. Latypov ◽  
R. А. Ismagilov
Keyword(s):  
Criminal Procedure ◽  
Legal Analysis ◽  
Criminal Proceedings ◽  
Criminal Proceeding ◽  
Modern Period ◽  
Foreign Countries ◽  
Administration Of Justice ◽  
Procedural Code ◽  
The Russian Federation

In the paper, the authors attempt to analyze the legislative classification of participants in criminal proceedings. The work contains an analysis of the ratio between the concepts of "participant" and "subject" of criminal procedural relations. Having studied the approaches available in the theory of criminal procedure that existed during the period of the Soviet criminal procedure legislation and in the modern period, the authors conclude that it is unacceptable to identify the concepts of "participant" and "subject" of the criminal proceedings. A participant in a criminal proceeding is a person who has certain characteristics, including the existence of rights, duties and responsibilities, as set out in the relevant criminal procedure norm or group of norms.Having applied the method of comparative legal analysis of domestic and foreign criminal procedure legislation, procedural theoretical constructions of the Soviet and modern period, the authors conclude that the legislator made an error in the presented classification and system of participants in the criminal procedure. In addition to the main criminal procedure functions, the authors focus on the existence of other functions that are no less important for the emergence and development of criminal procedure relations. It is stated that there is a need to change the approach to the legislative classification of participants in criminal proceedings, taking as a basis the existing experience of individual foreign countries. The authors propose to change the structure of section II of the Criminal Procedural Code of the Russian Federation, which makes it possible to avoid the currently existing procedural conflict related to the attribution of the investigator and the inquirer to the prosecution. It may also help to eliminate any doubts about the attribution of persons assisting in the administration of justice to the participants in the proceedings.

scholarly journals Preliminary Hearing Judge

2020 ◽  
Vol 5 (1) ◽  
pp. 35
Author(s):  
Lirime Çukaj (Papa) ◽  
Denisa Laçi
Keyword(s):  
Preliminary Investigation ◽  
Criminal Procedure ◽  
Judicial System ◽  
Main Task ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
Legal Provisions ◽  
Italian Law ◽  
Preliminary Session ◽  
The Impact

A new figure in the judicial system was foreseen in the legal amendments undertaken in the Code of Criminal Procedure, by law no. 35/2017, in the framework of the Justice Reform. The Code of Criminal Procedure has been changed in various aspects, including in here the changes that are related with the subjects of the criminal proceedings. I have previously set out what are the problems that emerged in the criminal process in general, and in the Preliminary phase of Investigation in particular, to understand the effects of this figure and the reason for it to enter into the judicial system. This preliminary investigation control based in ower law now is made by the Preliminary Hearing Judge (PHJ) and the Preliminary Investigation Judge (PIJ). The main task of this article, is to determine the impact that the PHJ has had on the progress of a fair and complete criminal process, since it has been sanctioned by law and has begun its functions. On the other hand what are the issues that this subject presents regarding the functions that the law attributes and their implementation in practice? The main focus of this paper is precisely those legal provisions that have provided for the manner in which this procedural subject operates, to further understand its impact on the criminal process in general and on the preliminary investigation phase in particular. An important aspect is making an overview of the Italian law from where we are based to foresee this judicial figure. After a comparison between these legal provisions we came in conclusion of the problematics that PHJ presents. We outline, at the end of the study, our conclusions arising from the examination of the preliminary session and PHJ, as well as some recommendations that I consider necessary for the process of criminal proceedings, in the light of the changes that have taken place.

scholarly journals IS THE INSTITUTE OF JUDICIAL REVIEW OF DECISIONS TAKEN UNDER APPOINTMENT OF THE COURT SESSION IN NEED OF FURTHER CHANGES?

2017 ◽  
Vol 21 (2) ◽  
pp. 169-175
Author(s):  
T. K. Ryabinina
Keyword(s):  
Practical Importance ◽  
Criminal Procedure ◽  
Legal Regulation ◽  
Judicial Decision ◽  
Criminal Proceedings ◽  
Analysis And Synthesis ◽  
Red Tape ◽  
General Order ◽  
General Scientific ◽  
The Right

The article discusses issues concerning the legal regulation of the procedure for appealing against judicial decisions taken by the court under appointment of the court session. The author raises the problem of the necessity and appropriateness of any decision appeal taken in this stage of the process. Iit is proved that since any judicial decision determining the further movement received from the Prosecutor of the criminal case affects the interests of the participants in the proceedings. So the participants should be given the right of appeal to the General order, that is, in accordance with chapters 45.1 and 47.1 of the code of criminal procedure. In the paper general scientific and special legal methods of studies are used: analysis and synthesis, legal modeling, formally-legal. The scientific novelty of the research lies in the author's approach to the study of the problem which has not only theoretical but also practical importance, namely, to rethink the essence of the appeal against the intermediate court decisions. The author challenges the position of many scientists that the appeal of any and all decisions made under appointment of the court session, having primarily organizational and security nature, creates judicial red tape and delays the timing of the proceedings and therefore the criminal trial on the merits, basing his opinion that sometimes the execution of certain judgments of the court leads to much more temporal, organizational, and material costs than their verification by the higher court. In addition the right to appeal procedural actions and decisions, as a principle of criminal proceedings, along with other principles is designed to protect the legitimate rights and interests of any participant in the process. In modern Russian criminal proceedings that is a priority. Therefore, the author proposes to exclude the provision on prohibition to appeal an individual judge's decision rendered under appointment of the court session from the code of criminal procedure and to leavу only the ban to appeal the decision on the venue, date and time of the hearing.

scholarly journals Independence of Judges and Its Implementation in Russian Criminal Procedure

2021 ◽  
Vol 7 (3) ◽  
pp. 266-268
Author(s):  
K. Pestrikova
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Criminal Procedure ◽  
Judicial System ◽  
Criminal Proceedings ◽  
The Russian Federation

The development of the judicial system of the Russian Federation is of great importance for criminal proceedings. The article examines one of the fundamental features of justice, as the independence of judges. The author's work examines the legal status of judges, the implementation of the principle of independence, as well as consideration of the reasons for violation of the independence of judges and ways of solving these problems. An opinion was expressed on strengthening the independence of judges. Examples of this strengthening are given.

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