scholarly journals THE IMPACT OF AMENDMENTS AND SUPPLEMENTS TO THE CRIMINAL PROCEDURE LAW IN DETERMINING, DISCUSSING, AND PROVING THE GENERAL CRIMINALITY OFFENSES

2018 ◽  
Author(s):  
Stjepan Gluščić ◽  
Mirjana Kondor-Langer
Keyword(s):  
Criminal Procedure ◽  
Criminal Procedure Law ◽  
The Impact

Digital Transformation of Russian Criminal Proceedings

2020 ◽  
Vol 2 (3) ◽  
pp. 86-99
Author(s):  
E. V. Markovicheva ◽  
Keyword(s):  
Theoretical Basis ◽  
New Technologies ◽  
Digital Technologies ◽  
Criminal Procedure ◽  
Digital Transformation ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
Legal Method ◽  
Criminal Procedure Law ◽  
The Impact

Introduction. Currently, in most states, criminal process undergoes a transformation under the influence of digital technology. However, compared to other types of legal proceedings, criminal process is more conservative and less inclined towards the modernization of information. Despite this, problems of digitalization of criminal proceedings are being actively investigated by scientists. In some states, practical use of digital technologies in criminal proceedings has already been attempted, which requires study. Theoretical Basis. Methods. The theoretical basis of the study was Russian and foreign scientific works in the field of criminal procedure law, devoted to the problems of introducing informational technologies into criminal proceedings. Comparative legal analysis revealed the general directions in the digital transformation of the criminal process in modern states. Based on the formal legal method and general scientific methods, the features of the consideration of criminal cases by the courts in the context of the active introduction of new technologies are investigated. Results. The article reveals promising directions for introducing digital technologies into the Russian criminal process. The impact of the COVID-19 pandemic on the activity of courts for the examination of criminal case materials is assessed. Discussion and Conclusion. The digitalization of criminal proceedings ensures their optimization and can transform the mechanisms of protecting and ensuring the rights of participants in the process. Modern technologies can be used during certain stages of criminal proceedings and in the making of procedural decisions both in judicial and in pre-trial stages. However, further scientific research of the issues under consideration, as well as preparation of conceptual suggestions to the legislator with the purpose of changing the norms of the current criminal procedure law are necessary.

scholarly journals TRANSFORMATION OF SCIENTIFIC IDEAS ABOUT THE SUBJECT OF EVIDENCE IN RUSSIAN CRIMINAL PROCEEDINGS

2020 ◽  
Vol 30 (6) ◽  
pp. 881-885
Author(s):  
V.A. Sementsov ◽  
V.A. Tsatsuro
Keyword(s):  
Modern Science ◽  
Criminal Procedure ◽  
Constitutional Rights ◽  
Criminal Proceedings ◽  
Criminal Procedure Law ◽  
Legitimate Interests ◽  
The Subject ◽  
New Perspective ◽  
The Impact ◽  
Scientific Ideas

The subject of proof is a scientific category that has historically been represented. Modern science of criminal procedure, accumulated knowledge about the sphere of evidence, including its subject, and the ongoing modernization of criminal procedure law allow us to look at the subject of evidence from a new perspective when assessing its content and main features. According to the authors, the subject of proof, taking into account the purpose of criminal proceedings, stipulated in art. 6 code of criminal procedure, allows to significantly adjust its definition, pointing out the components of his circumstances, as the impact on constitutional rights, freedoms and legitimate interests of participants of criminal proceedings and other involved in the field of entities.

CONCEPT AND CONTENT OF A RECONCILIATION AGREEMENT IN THE CRIMINAL PROCEEDINGS OF UKRAINE

2017 ◽  
Author(s):  
Mariia Sirotkina ◽  
Keyword(s):  
Criminal Procedure ◽  
Criminal Proceedings ◽  
Main Attention ◽  
Criminal Offense ◽  
Procedural Law ◽  
Legal Nature ◽  
Criminal Procedure Law ◽  
The Subject ◽  
Definition Of

The article is turned out to a scientific search for the concept of "a reconciliation agreement between the victim and the suspect or accused" through the study of the essence of reconciliation and role in criminal proceedings thereof. The author notes that criminal procedural law (until 2012) had been proclaimed another approach to reconciliation between victim and suspect, not involved a dispute procedure as a conflict, the result of which can be reached by compromise and understanding through reconciliation. It is stated that one of the ways to resolve the legal conflict in committing a criminal offense was the opportunity to reach a compromise between the victim and the suspect (the accused) by concluding a reconciliation agreement between them, provided by the Code of Сriminal Procedure of Ukraine (2012). The main attention is placed on the shortcoming of the domestic criminal procedure law which is the lack of the concept of "a reconciliation agreement between the victim and the suspect or the accused", which can be eliminated only through examining the essence or legal nature of reconciliation in criminal proceedings. Taking into consideration the current legislation and modern views on the institution of reconciliation in criminal proceedings, the author's definition of the concept of "a reconciliation agreement" is proposed. Thus, “The conciliation agreement is an agreement in criminal proceedings concluded between the victim and the suspect or the accused person on their own initiative in relation to crimes of minor or medium gravity and in criminal proceedings in the form of private prosecution, the subject of which is the compensation of harm caused by wrongdoing or committing other actions not related to compensation for the damage that the suspect or the accused is obliged to commit in favor of the victim, in exchange for an agreed punishment and sentencing thereof or sentencing thereof and relief from serving a sentence with probation, as well as the statutory consequences of conclusion and approval of the agreement".

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