scholarly journals Use of international legal assistance during the pre-trial investigation of corruption crimes in the sphere of official and professional activities

2021 ◽  
Vol 39 (69) ◽  
pp. 182-197
Author(s):  
Artem Shevchyshen ◽  
Anna Myrovska ◽  
Andrey Antoshchuk ◽  
Andrii Sakovskyi ◽  
Vadym Piaskovskyi
Keyword(s):  
International Cooperation ◽  
Preliminary Investigation ◽  
Legal Assistance ◽  
Criminal Proceedings ◽  
Special Investigation ◽  
Scientific Methods ◽  
Methodological Basis ◽  
Professional Activities ◽  
Special Scientific ◽  
Functional Purpose

Based on the provisions of criminal procedure theory and criminology, the problems of international legal assistance are revealed during the pre-trial investigation for crimes of corruption in the field of official and professional activities. Special attention is paid to identifying the details of evidential activities in criminal proceedings for offences related to the provision of public services during a special pre-trial investigation (in absentia). The methodological basis of the article is a set of general and special scientific methods of legal cognition. In particular, the concept of pre-trial special investigation is formulated, its functional purpose is defined, characteristics of the carrying out of separate investigative actions (search) during the special pre-trial investigation for corruption offences. Attention is paid to issues of international cooperation to identify and search for assets in these criminal proceedings. Other problems are revealed in the use of international legal assistance to obtain evidence during the investigation of these crimes. It is concluded that a problem that arises during international cooperation during the preliminary investigation is the uncertainty in international rules on the provision of mutual legal assistance.

International Cooperation under the United Nations Convention against Transnational Organized Crime

2021 ◽  
Vol 3 (4) ◽  
pp. 3-25
Author(s):  
Andreas Schloenhardt
Keyword(s):  
United Nations ◽  
International Cooperation ◽  
Organized Crime ◽  
Legal Assistance ◽  
Legal Basis ◽  
Practical Application ◽  
Criminal Proceedings ◽  
Transnational Organized Crime ◽  
United Nations Convention ◽  
The United Nations

Abstract This article examines the international cooperation provisions under the United Nations Convention against Transnational Organized Crime and their practical application in reported cases. It explores the circumstances in which States Parties have used or attempted to use the Convention as a legal basis for extradition, mutual legal assistance, transfer of sentenced persons, transfer of criminal proceedings, joint investigations, or other forms of international cooperation. The article seeks to provide a better understanding of the opportunities offered by the international cooperation provisions, and the challenges and obstacles faced by States Parties requesting cooperation or being requested to provide cooperation under the Convention.

scholarly journals right to receive legal assistance in criminal proceedings in Russia and in foreign countries

2021 ◽  
Vol 5 (S3) ◽  
Author(s):  
Elena A. Kupryashina ◽  
Dmitry V. Boev ◽  
Anna A. Gileva ◽  
Anzhelika I. Lyakhova ◽  
Sergey F. Shumilin
Keyword(s):  
Integrated Approach ◽  
Legal Assistance ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Scientific Methods ◽  
Foreign Countries ◽  
Analysis And Synthesis ◽  
The Right ◽  
To Receive

The paper analyses the legislation of the Russian Federation and some foreign countries on the right of citizens to provide them with legal assistance in criminal cases, as well as the problems arising in its implementation. The paper also summarizes the experience of the studied countries in order to improve their legislation in this area of criminal justice. Methodologically, the work uses scientific methods of analysis and synthesis, as well as historical and comparative methods; all are given in an integrated approach. Among the conclusions, we underline the fact that some countries are introducing norms and tendencies from international law into their legal systems; the basic international principles of lawyer's activities, including principles for defenders, are fixed in the basic principles on the role of lawyers, which describe the right to receive free legal aid for those who are the poor; also that citizens have the right to choose a representative of their interests in the judiciary and have the opportunity to contact with their defenders at any time.

scholarly journals The objective of encouraging cooperation in criminal proceedings

2020 ◽  
Vol 6 (Extra-C) ◽  
pp. 86-93
Author(s):  
Veronika V. Kolesnik
Keyword(s):  
Preliminary Investigation ◽  
Criminal Proceedings ◽  
Effective Mechanism ◽  
Criminal Process ◽  
Scientific Methods

  Currently, there is no consensus as to the objective of the criminal proceedings or to encourage cooperation in the criminal proceedings. Through a set of general and specific scientific methods, processes of stimulating cooperation in criminal proceedings are discussed. The author suggests representing the objective of the criminal process and stimulating cooperation in this process in the form of resolving a criminal conflict, analyzing the advantages of this approach for setting goals and revealing the activities of the investigative bodies and courts while they restructure the essence of the criminal proceedings to resolve the conflict associated with the commission of a crime. The article represents the potential of this method of resolving criminal conflicts to encourage cooperation in criminal proceedings. Conclusion. The author concludes that the cooperation of participants in criminal proceedings, preliminary investigation bodies and courts becomes an effective mechanism for achieving the main objective of criminal proceedings, namely the resolution of criminal conflicts.  

scholarly journals ON A PROSECUTOR AS A SUBJECT OF PROVING ON PRE-TRIAL STAGES OF A NATIONAL CRIMINAL PROCEDURE

2020 ◽  
Vol 12 ◽  
pp. 27-30
Author(s):  
Aleksey A. Zakharyan ◽  
Keyword(s):  
Preliminary Investigation ◽  
Criminal Procedure ◽  
Legal Regulation ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
Scientific Methods ◽  
Foreign Countries ◽  
The Subject ◽  
Forensic Tools ◽  
The Right

The participation of the prosecutor in the criminal process covers both his judicial and pre-trial stages. It is well known that the prosecutor in the Russian criminal process acts as the subject of evidence, not only as the state prosecutor, but mainly as the person conducting the criminal process or observing (supervising) his proceedings in the pre-trial stages of criminal proceedings. In the doctrine of the Russian criminal process, starting with the Charter of the Criminal Procedure of 1864 and up to and including the modern Code of Criminal Procedure of 2001, the prosecutor, to one degree or another, acted as a full-fledged subject of evidence in the preliminary investigation. In the current legal regulation of the prosecutor, despite a number of sign if I can t deformations of his procedural status, it can be attributed to full-fledged subjects of evidence. After the well-known reform of June 5, 2007, which significantly affected the procedural status of the prosecutor at the pre-trial stages of the criminal process, the prosecutor, in the opinion of many well-known procedural scientists (the positions will be given in the presentation of the material), ceased to be a full-fledged subject of proof, since the participation of the prosecutor in evidence is associated with the availability of authority to collect, verify and evaluate evidence. The Russian prosecutor is deprived of forensic tools, he does not have the right to independently collect evidence by carrying out investigative actions, and in relation to the investigation he is deprived of even the authority to give the investigator binding instructions on collecting and verify in evidence. Based on the objectives of the study, the author assesses the content of the powers of the prosecutor as the subject of evidence in the pretrial stages of Russian criminal proceedings When writing the article, the author used general scientific methods (analysis, induction, deduction and others and private scientific methods (formal logical, comparative, legal). Based on analysis of the latest trend since forming the pre-trial stages of the criminal process of foreign countries, it is proposed to clarify the procedural status of the prosecutor in pre-trial proceedings.

scholarly journals Features Of The Institution Of Prejudice In Criminal Proceedings

2021 ◽  
Vol 03 (06) ◽  
pp. 100-103
Author(s):  
Suyunova Dilbar Joldasbaevna ◽  
◽  
Uralov Sarbon Sardorovich ◽  
Keyword(s):  
International Cooperation ◽  
Legal Assistance ◽  
Criminal Proceedings

The article analyzes the essence and features of the application of the institution of prejudice in criminal proceedings in some countries, examines the opinions of scientists on the procedure for the implementation of prejudice, makes some judgments on the use of prejudice in the provision of legal assistance in international cooperation.

scholarly journals LEGAL PRINCIPLES OF ATTORNEY’S PARTICIPATION IN INTERNATIONAL COOPERATION DURING CRIMINAL PROCEEDINGS

2020 ◽  
pp. 374-383
Author(s):  
В. Ю. Монастирська
Keyword(s):  
Civil Rights ◽  
International Cooperation ◽  
International Standards ◽  
General Nature ◽  
Professional Activity ◽  
Scientific Article ◽  
Legal Assistance ◽  
Legal Aid ◽  
Criminal Proceedings ◽  
The Right

The legal basis for the participation of a lawyer in international cooperation in criminal proceedings are international standards based on the provisions of international legal acts on human rights and freedoms and the implementation of criminal justice, guaranteeing the right to defense and the functioning of the bar. The view is supported that international legal acts regulating the activities of the bar can be divided into several groups, namely: international legal acts that ensure the realization of human and civil rights and freedoms of a general nature; international legal acts guaranteeing the realization of human and civil rights and freedoms of a special nature; international legal acts establishing general principles for the provision of legal aid and the activities of lawyers. A lawyer in criminal proceedings during international cooperation is involved to perform the function of protection in case of certain procedural actions within the framework of international legal assistance, extradition of persons who have committed a criminal offense, the implementation of criminal proceedings subject to its adoption. However, on a general basis, a lawyer in criminal proceedings for the protection of the rights, freedoms and legitimate interests of participants in criminal proceedings has the status of defense counsel. It is concluded that international legal acts provide for the exercise of the right to legal assistance of a lawyer in the implementation of international cooperation in criminal proceedings by: ensuring timely access of the lawyer to the client; confidentiality of the lawyer’s contacts with the client; enshrining in the legislation such a scope of professional rights of a lawyer, which in modern conditions of development of the state and society is sufficient for the effective implementation of legal aid; non-interference in the lawful professional activity of a lawyer, etc. The provisions formed in the scientific article can be used with the participation of lawyers in international cooperation in criminal proceedings in order to ensure human protection in pretrial investigation and judicial institutions, representation, participation in certain procedural actions.

scholarly journals Movement of Evidence in the European Union: Challenges for the European Investigation Order

2016 ◽  
Vol 9 (2) ◽  
pp. 56-84
Author(s):  
Raimundas Jurka ◽  
Jolanta Zajančkauskienė
Keyword(s):  
European Union ◽  
International Cooperation ◽  
The State ◽  
Legal Assistance ◽  
The European Union ◽  
Criminal Proceedings ◽  
Member States ◽  
Human Rights Protection ◽  
Criminal Matters ◽  
Law Of Evidence

Abstract The issue of international cooperation in criminal matters has interested legal theorists and practitioners for decades. In this area of law there are certain challenges that can only be tackled by using the joint efforts of the States, which is different from the national law of the States. For this reason, certain principles of law are specific for international cooperation, and on the basis of these principles States provide legal assistance requests to each other or else create preconditions to ensure the efficient and unimpeded criminal proceedings. It is true that the principles of mutual legal assistance and recognition, and the influence of their alternation are not identical to all segments of international cooperation, including the development of the evidence law in the European Union. With regard to the evidence and their admissibility in Member States of the European Union, it should be noted that this issue is still relevant, because the biggest concern of some Member States is the admissibility of evidence, when evidence is collected in one State and the admissibility of them is assessed in the other State. It would seem like a more formalized “concern”, but basically it is a quite significant impulse for searching of new legal instruments in the European Union, which would be able not only ensure the acceptability (admissibility) of evidence that was collected in the foreign State in accordance with the relevant procedural form, and in the court of the State which obtained this evidence, but also the sovereignty of the State, the authenticity of the national law, and the respect for the legal culture and traditions of this State. The authors discuss the development of the law of evidence, the separate legal segments of this law, and their strengths and weaknesses in the article. Despite the fact that the effective mechanisms of evidence movement among Member States appear in modern European Union criminal justice, the latest legal instruments lack the clarity and certainty of certain procedural legal guarantees in the context of human rights protection.

scholarly journals Teacher and psychologist as two independent procedural figures of criminal proceedings

2019 ◽  
Vol 2019 (3) ◽  
pp. 118-123
Author(s):  
Мария Шувалова ◽  
Maria Shuvalova
Keyword(s):  
Comparative Research ◽  
Preliminary Investigation ◽  
Theory And Practice ◽  
Scientific Article ◽  
Criminal Proceedings ◽  
Scientific Methods ◽  
General Scientific ◽  
The Difference ◽  
A Minor

The relevance of the scientific article is not in doubt, due to the need to create a friendly justice in relation to the minor. The article deals with the problems associated with the need to distinguish the role and functions of a psychologist and a teacher as two completely independent procedural figures. Theoretical and practical justifications of participation of the psychologist and the teacher in criminal proceedings are analyzed. The difference between the above-mentioned procedural figures is emphasized. Attention is focused on the need to take into account the difference between psychological and pedagogical knowledge. The article uses the following research methods: General dialectical method of cognition, as well as General scientific and private scientific methods: formal logical methods (analysis, synthesis, concretization, analogy), methods of comparative research, formal legal. The article concludes about the invaluable role of a psychologist and a teacher, while the author distinguishes the above-mentioned procedural figures. In addition, the author substantiates the contradictions arising in theory and practice at the choice of a psychologist and a teacher in criminal proceedings. At the same time, the author emphasizes that the psychologist and the teacher perform various functions, both in the preliminary investigation and in the trial of a criminal case involving a minor.

scholarly journals Procedural Discretion of the Court when Refusing to Initiate Criminal Proceedings

Legal Concept ◽  
2020 ◽  
pp. 144-150
Author(s):  
Ekaterina Azarova
Keyword(s):  
Judicial Review ◽  
System Analysis ◽  
Preliminary Investigation ◽  
Federal Court ◽  
Judicial Discretion ◽  
Legal Analysis ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Scientific Methods ◽  
The Russian Federation

Introduction: if we consider the content of procedural discretion of the court when refusing to initiate criminal cases, refusing petitions at the stage of preliminary investigation, these refusals are known to be able to be appealed in the district (federal) court (Part 5 of Article 144, Article 122, 125 of the Code of Criminal Procedure of the Russian Federation). In these cases, the judicial review raises a question not only for the defense, but also for the court itself, which is what the actions and decisions of the preliminary investigation bodies in such refusals are and whether there are signs of tort in their actions when making such decisions. The author of this paper sets the goal of research, which is to consider the content of procedural discretion of the court in case of refusal to initiate criminal proceedings. Methods: the methodological framework for the research is the dialectical-materialistic method of cognition, which includes the elements of system analysis, and specific scientific methods, such as the logical and legal ones. Results: based on the legal analysis, the content of judicial discretion in case of refusal to initiate criminal proceedings is revealed. The paper raises a question related to the consideration of judicial discretion as a guarantee of the court’s activity at the pre-trial stages of the criminal process. Conclusions: it is revealed that the scheme of judicial discretion in the event of a complaint about the refusal to initiate criminal proceedings should be based on the criteria of judicial discretion at the stage of trial.

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