scholarly journals COMPARATIVE ANALYSIS OF THE CONCEPT OF WITNESS IN RUSSIAN AND GERMAN CRIMINAL PROCEEDINGS

2017 ◽  
Vol 8 (4) ◽  
pp. 166-170
Author(s):  
A. N. Shamne ◽  
Keyword(s):  
Comparative Analysis ◽  
Criminal Proceedings

scholarly journals TEMPORARY ACCESS TO DOCUMENTS CONTAINING MEDICAL CONFIDENTIALITY (CRIMINAL PROCEDURAL ASPECT)

2020 ◽  
Vol 73 (5) ◽  
pp. 1032-1036
Author(s):  
Serhii Ye. Ablamskyi ◽  
Vitalii V. Romaniuk ◽  
Ruslan P. Chycha ◽  
Viktoriia V. Ablamska
Keyword(s):  
Comparative Analysis ◽  
Scientific Knowledge ◽  
Legal Basis ◽  
Criminal Proceedings ◽  
Medical Confidentiality ◽  
The Future ◽  
Improvement Of Legislation ◽  
Access To Documents ◽  
Procedural Aspect

The aim of the study: 1) to determine the features of temporary access to documents containing information that may be a medical confidentiality; 2) to identify legislative gaps regarding the regulation of the measure of criminal proceedings; 3) to formulate proposals for improvement of legislation in the part of the investigated issue. Materials and methods: The legal basis for the protection of information that may be a medical confidentiality is provided. Legislative provisions have been identified and analyzed, which provide for particulars of access to documents containing information that may be a medical confidentiality. It is argued that the evidence collected in violation of the procedural order of the measure of criminal proceedings is inadmissible and therefore cannot be taken into account by the court in the future. Writing the article, the authors used both general and special methods of scientific knowledge, namely: formal-legal, formal-logical, comparative analysis and logical-normative. The complex application of these methods has made it possible to formulate science-based conclusions and proposals. Conclusions: Exemption of documents containing information that may constitute medical confidentiality should be done exclusively by temporary access to them. In order to eliminate the legislative gaps of the investigated issue, it is proposed to amend the current legislation accordingly.

scholarly journals A Justice of the Peace Court as a Regulator of Criminal Procedure Relationships Containing Right Abuse Attributes

2021 ◽  
pp. 3-8
Author(s):  
Danil A. Donika ◽  
Keyword(s):  
Comparative Analysis ◽  
Scientific Literature ◽  
Preliminary Investigation ◽  
Criminal Procedure ◽  
The State ◽  
Criminal Proceedings ◽  
Judicial Control ◽  
Response Measures ◽  
Justice Of The Peace ◽  
Abuse Of Law

The article deals with the problem of abuse of subjective right in criminal proceedings at the stage of preliminary investigation. Based on a comparative analysis and study of foreign scientific literature, conclusions are drawn about the state of the issue under study in Russian criminal proceedings. Attention is focused on the need to work out procedural response measures by providing the magistrates’ courts and courts in general with additional, normative legal opportunities in order to effectively exercise judicial control at the pre-trial stage of the investigation in cases of abuse of law on the part of participants in the process.

Custom in the Enforcement of the Law: The Power of the Attorney-General to Stay Criminal Proceedings

1986 ◽  
Vol 21 (3-4) ◽  
pp. 333-357
Author(s):  
Ruth Gavison
Keyword(s):  
Comparative Analysis ◽  
Legal Theory ◽  
Attorney General ◽  
Criminal Proceedings ◽  
Legal Problems ◽  
Life Problems ◽  
The Law ◽  
Complex Relationships ◽  
The Many ◽  
The One

This article is a synopsis of a monograph which will be published shortly (in Hebrew) by the Harry Sacher Institute for Legislative Research and Comparative Law. I dedicate it to Professor Tedeschi because he was the one who triggered it ten years ago, with his suggestion that the study of law, and especially the study of contexts of discretion in the law, cannot be complete without detailed studies of the ways in which officers in practice use their powers. Custom thus has an easily overlooked importance as a source of law even in modern systems, in the many areas in which mere knowledge of the normative framework within which powers are exercised is insufficient for a knowledge and understanding of the law.Tedeschi's suggestion seemed correct on its face, to an extent sufficient to motivate me to leave theorizing about law from the armchair and look into the practice of law enforcement. I emerged from the adventure even more convinced of his insight than when I started.While working on the subject I realized that comparative analysis was also of relevance to such questions, and that important questions were raised about the utility of such analyses in attempts to solve one's problems. Again I have found that Tedeschi articulated the conclusion I have reached in an early article published years ago.So these insights of his were added to the many things for which I am indebted to Professor Tedeschi: the solid commitment to legal scholarship for which he has always stood; the varied, persistent and prolific interest he has in all things legal and in the life-problems which the law seeks to regulate, resulting in many essays which are to this day classic in their field; and the fact that he is among the rare scholars who practice what they preach. If we take the importance of custom as an example, Tedeschi insists on including sections on custom in all his articles on legal problems, and in many instances this combination of great analytical strength and attention to social reality is what makes Tedeschi's writings so important. It is rare to have such people as one's teachers, and I feel lucky and grateful to have been his student.The larger study on which this article is based elaborates in some detail these larger jurisprudential questions of the complex relationships between solutions of legal problems (or law reform) and legal theory, empirical research and comparative analysis. Here I shall confine myself to the major findings of my research into the reality and the ideal of the power of the Attorney-General to stay criminal proceedings.

Operational and investigative characteristics of bribery and coercion of a witness and victim to give false testimony

2020 ◽  
Vol 2020 (4) ◽  
pp. 164-173
Author(s):  
Galina Panchishnaya
Keyword(s):  
Comparative Analysis ◽  
Systems Approach ◽  
Criminal Responsibility ◽  
Scientific Development ◽  
Criminal Proceedings ◽  
Search Activity ◽  
Scientific Methods ◽  
Criminal Offenses ◽  
Theoretical Significance ◽  
General Scientific

One of the acute problems that have a significant impact on the effectiveness of criminal proceedings is the problem of unlawful influence on the witness and the victim. The disclosure and investigation of the aforementioned criminal offenses is increasingly accompanied by active opposition from interested persons who commit unlawful acts against the witness and the victim, accompanied by particular cruelty and cynicism. Bringing these persons to criminal responsibility is often hampered by the pressure exerted on the witness and the victim in the form of bribery and coercion to give false testimony. Revealing bribery and coercion of a witness and a victim to give false testimony for operational-search science and practice is a significant problem, the solution of which mainly involves the involvement of forces and means of operational units of the internal affairs bodies. It is quite logical that the study of crimes, carried out from the standpoint of the operational-search science, presupposes the formation of the operational-search characteristics of the considered category of crimes. The purpose of this study is a comprehensive scientific development of the main elements and the concept of operational-search characteristics of bribery and coercion of a witness and a victim to give false evidence. To achieve the intended goal, the author needs to solve the following tasks: to analyze the concept of the operational-search characteristics of crimes, to determine its main elements; to summarize and analyze the operational-investigative practice of bribery and coercion of a witness and a victim to give false testimony; analyze generalized data on the most typical operatively significant signs of a crime in the category under consideration. The study is based on the use of general scientific techniques and methods (logical-legal, systems approach, analysis, synthesis, etc.) and specific scientific methods (polling, questionnaires, content analysis of documents, interviewing, comparative analysis, etc.). The theoretical significance of the study lies in the fact that by studying the features of the operationalsearch characteristics of bribery and coercion of a witness and a victim to give false testimony, the author can make a certain contribution to the development of the theory of operational-search activity.

Traditional Justice System as Alternative Dispute Resolution Under Article 159(2)(C) of the Constitution of Kenya, 2010

2021 ◽  
Vol 1 (1) ◽  
pp. 22-40
Author(s):  
Emily Kinama
Keyword(s):  
Comparative Analysis ◽  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Justice System ◽  
Multidisciplinary Approach ◽  
Case Law ◽  
Criminal Proceedings ◽  
Justice Systems ◽  
Civil Cases ◽  
The Right

There are various forms of justice. It cannot be limited to legal justice. This paper explores the potential of traditional justice systems under the Constitution. It illustrates the need for a multidisciplinary approach in order to fully realise the right to access justice. Through a comparative analysis as well as case law, the paper demonstrates how alternative dispute resolution is not limited to civil cases, but can be applied to criminal proceedings. Challenges are pointed out and recommendations made on how to improve and effectively manage traditional justice system

scholarly journals GENESIS OF THE PROTOCOL FORM OF PRE-TRIAL INVESTIGATION IN THE CRIMINAL PROCEDURE LEGISLATION OF THE REPUBLIC OF KAZAKHSTAN

2021 ◽  
pp. 32-37
Author(s):  
Р.О. Абдульдинов ◽  
T.A. Khanov
Keyword(s):  
Comparative Analysis ◽  
Criminal Procedure ◽  
Criminal Proceedings ◽  
Socialist Republic ◽  
Soviet Socialist Republic ◽  
Procedure Code ◽  
The Republic ◽  
Simplified Procedure

The article discusses certain issues related to the protocol form of pre-trial investigation of criminalcases. A hypothesis is tested that defines protocol proceedings as a simplified (accelerated) form of pre-trialinvestigation used in criminal proceedings in the Republic of Kazakhstan. A comparative analysis of theprotocol form of pre-trial preparation of materials has been carried out. This form was in force in the 1959Criminal Procedure Code of the Kazakh Soviet Socialist Republic. The simplified procedure for pre-trialproceedings was introduced by the Criminal Procedure Code of the Republic of Kazakhstan in 1997.The accelerated procedure for pre-trial investigation has been in force in the criminal procedurelegislation of the Republic of Kazakhstan since 2014. The authors came to the conclusion that the protocolform is a full-fledged procedural production of the pre-trial investigation. This form practically does notcontain elements of simplification, and the introduced changes and additions have brought to naught theaccelerated procedure. This led to the fact that most of the cases are terminated due to violation of thetimeframe for the investigation.

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