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Journal articles on the topic 'Criminal procedure legislation'

Author: Grafiati

Published: 28 May 2022

Last updated: 30 July 2025

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1

Sizintsova, Y. Y. "CURRENT CHANGES LEGISLATION UNDER MARTIAL STATUS." Modern medical technology, no. 2(53) (June 10, 2022): 4–9. http://dx.doi.org/10.34287/mmt.2(53).2022.1.

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The purpose of the study is to analyze the current labor, criminal and criminal procedure legislation, which was adopted in the martial law and events occurring in Ukraine. Materials and Methods. The analysis of normative-legal acts adopted from February 24, 2022, directly related to the rules and responsibilities of citizens of Ukraine, the work of public institutions in martial law. The provisions of labor, criminal and criminal procedure legislation of Ukraine are substantiated, which are extremely necessary during the investigation of criminal proceedings that are important for

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2

Шарипова, Алия Рашитовна. "ISOLATED LEGISLATIVE REFORMS OF CRIMINAL PROCEDURE AS AN OBSTACLE TO THE CONVERGENCE OF PROCEDURAL LAW." Rule-of-law state: theory and practice 18, no. 1(67) (2022): 156–65. http://dx.doi.org/10.33184/pravgos-2022.1.11.

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Abstract. The urgency of developing unified approaches to the reform of procedural legislation is justified by its aggravated lack of system and chaotic nature of the changes introduced. Purpose: to analyze the current legislative work on the reform of criminal procedure and other legislation and its impact on the quality of criminal proceedings and the prospects for its convergence with other types of judicial process. Methods: the method of comparative law is the determining method of the research. In addition, general and special methods are applied (analysis and synthesis, logical, special

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3

SAKHARBAY, Arman, Askar Kadyrovich KALIYEV, and Moldir Saparbekkyzy BAIKOMUROVA. "Analyzing Foundations of Imposing a Monetary Penalty on Parties to a Criminal Proceeding." Journal of Advanced Research in Law and Economics 10, no. 2 (2020): 682. http://dx.doi.org/10.14505//jarle.v10.2(40).30.

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The research analyzes the possible application and effectiveness of a monetary penalty as one of the most useful sanctions to maintain the established order of criminal justice, as well as develops constructive proposals to improve the criminal procedure legislation based on the conducted survey. To this end, the authors of the article have studied the criminal procedure legislation of Kazakhstan and legislation on administrative offenses, considered scientific opinions presented in numerous publications on relevant topics and conducted a comparative analysis of regulatory systems in Kazakhsta

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Garipov, Timur, and Ilya Dvoryanov. "CONCEPTUAL BASES FOR EXEMPTION FROM CRIMINAL LIABILITY AND PUNISHMENT IN CONNECTION WITH CONSCRIPTION OR CONCLUSION OF A CONTRACT FOR MILITARY SERVICE." Bulletin of the Kazan Law Institute of MIA Russia 15, no. 4 (2024): 64–70. https://doi.org/10.37973/vestnikkui-2024-58-8.

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Introduction: this article examines the legislative regulation of exemption from criminal liability and punishment in relation to conscription or the conclusion of a contract for military service. This article analyses certain aspects of the application of the provisions of criminal and criminal procedure law regulating the aforementioned sphere of legal relations. Materials and Methods: in the course of this study, the fundamental scientific methods were employed with the objective of examining the extant legislation that regulates the grounds and procedure for exemption from criminal liabili

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Jasur Olimovich, Tangriev. "THE PERSON GUILTY IMPROVEMENT WITHOUT ADDRESSING THE ISSUE OF CRIMINAL PROCEDURE FINISH." International Journal of Business, Law and Political Science 1, no. 12 (2024): 7–12. https://doi.org/10.61796/ijblps.v1i12.255.

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Objective: This article examines the historical development of the Institute for the termination of criminal proceedings without resolving guilt in criminal procedure legislation, aiming to identify issues and propose effective solutions. Method: The analysis involved reviewing scientific opinions on the institute, studying the gaps in national legislation, and critically assessing the legal and procedural frameworks surrounding case terminations. Results: The study identified significant loopholes and inaccuracies in the legislation, highlighting procedural deficiencies and the need for amend

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6

McBain, Graham. "Abolishing obsolete legislation on crimes and criminal procedure." Legal Studies 31, no. 1 (2011): 96–118. http://dx.doi.org/10.1111/j.1748-121x.2010.00170.x.

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The English criminal law has not moved with the times – nor with the increasing emphasis on human rights. Legislation still extant goes back nearly 700 years and is barely intelligible. This paper analyses antiquated criminal and criminal procedure legislation and asserts it should be repealed, being superceded by more modern enactments. It also argues for the consolidation of all criminal (and criminal procedure) legislation for the period 1313–1960 into one Act of around 300 sections. This task would not be complex.

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Begma, Andrii, Galyna Muliar, and Oleksii Khovpun. "Criminal misdemeanors as a novelty of criminal and criminal procedure legislation." Law Review of Kyiv University of Law, no. 2 (August 10, 2020): 365–68. http://dx.doi.org/10.36695/2219-5521.2.2020.69.

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The scientific article pays attention to the consideration of the concepts of “criminal offense”, “criminal offense”, “crime” andtheir implementation in criminal and criminal procedure legislation. Amendments to the legislation that came into force in connectionwith the adoption of the Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine on Simplification of Pre-trial Inves -tigation of Certain Categories of Criminal Offenses” are considered. The issue devoted to the new subject of criminal procedure – thecoroner and the head of the inquiry body is investigated.The article cons

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Shamsutdinov, Marat Minefaetovich. "Experience in regulating the examination in the criminal process of Germany and Switzerland." Юридические исследования, no. 5 (May 2022): 1–12. http://dx.doi.org/10.25136/2409-7136.2022.5.37975.

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The article aims to highlight the experience of individual foreign countries (Germany and Switzerland) in the legal regulation of such a specific institution of criminal procedure law as examination. The object of this study is criminal procedural legal relations arising during the production of a visual examination of a living person's body in order to obtain information relevant to a criminal case. The subject of the study is the norms of the criminal procedure legislation of Russia, Germany and Switzerland, regulating the grounds and procedure for the production of this investigative action

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9

Trach, Serhiy, Oleksandr Nahorniuk-Danyliuk, Sergii Rossokha, Dmytro Shumeiko, and Yurii Yermakov. "Procedure in absentia in criminal proceedings for legalization (laundering) of taxes derived from crime." Cuestiones Políticas 41, no. 77 (2023): 144–57. http://dx.doi.org/10.46398/cuestpol.4177.10.

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The article was aimed at analyzing the characteristics of the procedure for conducting a special investigation (in absentia) in criminal proceedings concerning the legalization (laundering) of criminally obtained taxes. Attention is drawn to the fact that the concepts of "special criminal procedure", "special pre-trial investigation", "special court procedure" are not formulated by the legislator, but the legal norms concerning their practical implementation are found in various parts of the Criminal Procedure Code of Ukraine. It is understood that in the procedural decision to clarify the con

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10

Borzhetska, N. L. "Procedural actions as a concept of ukrainian criminal proceedings." Uzhhorod National University Herald. Series: Law 3, no. 88 (2025): 196–203. https://doi.org/10.24144/2307-3322.2025.88.3.29.

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The article is devoted to clarifying the issue of subjects of procedural actions in criminal proceedings, the level of legislative regulation of their implementation, and the definition of the concept of “procedural actions” in the criminal procedure of Ukraine. The emphasis is on the fact that the criminal procedural law, using the concept of “procedural actions”, mainly (with some exceptions) connects them with the activities of the investigator, inquirer, prosecutor (in the cases established by the Criminal Procedural Code of Ukraine – also an officer of the criminal intelligence unit), inv

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11

Airapetean, A. "THE CONCEPT OF A SENTENCE IN A CRIMINAL PROCESS." Deutsche internationale Zeitschrift für zeitgenössische Wissenschaft 44 (November 16, 2022): 23–26. https://doi.org/10.5281/zenodo.7327259.

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In the science of criminal procedure law, it is generally recognized that the sentence is an act of justice. However, in legislation and in theory, the concept of a sentence is defined in different ways, often to such an extent briefly that it does not reveal its main properties as an act of justice. If, from the point of view of the wording contained in the criminal procedural legislation, such an approach to the definition of the concept of a sentence is quite understandable and explainable (after all, first of all, the legal norm is of a general nature, impersonal, typical and cannot cover

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12

Zavgorodneva, Ekaterina. "Criminal Proceedings Against Certain Categories of Persons: Russian and International Aspects." Russian Journal of Criminology 16, no. 6 (2022): 737–45. http://dx.doi.org/10.17150/2500-4255.2022.16(6).737-745.

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The article examines the question of including criminal procedure guarantees for persons with a special status into Russian and international legislations. The author disagrees with the opinion of scholars that the very existence of Chapter 52 of the Criminal Procedure Code of the Russian Federation contradicts the constitutional principle of universal equality before the law and the courts. At the same time, a critical assessment is given to the absence of this principle in Russian criminal procedure legislation. The author compares the scope of people entitled to criminal procedure immunity

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Ilchenko, O. V., and O. A. Tkachenko. "On the issue specificity of criminal proceedings concerning minors." Uzhhorod National University Herald. Series: Law 3, no. 81 (2024): 83–88. http://dx.doi.org/10.24144/2307-3322.2024.81.3.11.

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The article is devoted to the study of the specifics of criminal proceedings involving minors, in the context of the norms of national legislation and certain scientific works. It has been determined that the special procedural position of children in criminal proceedings is determined by the age peculiarities of these субʼєктів. The actual international standards concerning the procedure of criminal procedural activity in proceedings involving minors are considered. It is noted that at the national level, the specificity of proceedings in cases of minors is represented primarily in the isolat

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14

Gadirov, A. "THE ROLE OF CRIMINAL PROCEDURE LEGISLATION IN THE EFFECTIVE FIGHT AGAINST CRIME." Sciences of Europe, no. 92 (May 9, 2022): 17–23. https://doi.org/10.5281/zenodo.6532837.

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The author of the article examined the role and importance of procedural regulation in the fight against crime. The article focuses on the analysis of the concept of crime itself in the fight against crime, and touches on the question of the appropriateness of the application of a number of procedural institutions in this fight. Along with punishment, the importance of coercive procedural measures, which are one of the main institutions of criminal procedure legislation, was noted in the fight against crime.

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15

Makhmudov, Sunnat. "THE CONCEPT OF THE INSTITUTION OF TERMINATION OF A CRIMINAL CASE AND PROCEDURAL SIGNIFICANCE." Jurisprudence 2, no. 4 (2022): 109–18. http://dx.doi.org/10.51788/tsul.jurisprudence.2.4./nyxe4787.

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In this article, at the stage of implementation of the judicial and legal reform, on the basis of the norms of criminal and criminal procedural legislation, the concept of the institution of termination of a criminal case, its specificity, and procedural significance was formulated. The article explores the scope of this institution on the basis of the views put forward by scientists regarding the institution of termination of a criminal case. Based on the views and ideas put forward by scientists, the concept of termination of a criminal case was analyzed through scientific, theoretical, prac

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Maxmudov, Sunnat. "CLASSIFICATION OF GROUNDS FOR TERMINATING A CRIMINAL CASE." Review of Law Sciences 6, no. 3 (2022): 86–96. http://dx.doi.org/10.51788/tsul.rols.2022.6.3./eoya2665.

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At the stage of implementation of the judicial and legal reform, on the basis of the norms of criminal and criminal procedure legislation, the concept of the institution of termination of a criminal case, its specificity, and procedural significance was formulated. The article explores the scope of this institution on the basis of the views put forward by scientists regarding the institution of termination of a criminal case. Based on the views and ideas put forward by scientists, the concept of termination of a criminal case has been analyzed through scientific, theoretical, practical, and le

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17

Загиней-Заболотенко, Зоя, and Александр Гладун. "Corruption crime in the criminal legislation of Ukraine: problems of legislative structure." Revista Institutului Național al Justiției 4, no. 55 (2020): 50–55. https://doi.org/10.5281/zenodo.4309099.

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The list of corruption criminal offenses is enshrined in the note to Article 45 of the Criminal Code of Ukraine. At the same time, most scholars draw attention to the inconsistency of this list with the concepts of "corruption" and "corruption offense" defined in the Law of Ukraine "On Corruption Prevention". The use of exhaustive lists in the texts of regulations serves their legal certainty, but these lists make the relevant rule inflexible. The purpose of this article is to establish the expediency of enshrining the list of corruption offenses in the Criminal C

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Lavrushko, E. A. "Problems of Legislative Regulation of Confidentiality in Criminal Proceedings." Juridical science and practice 20, no. 2 (2024): 88–94. http://dx.doi.org/10.25205/2542-0410-2024-20-2-88-94.

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The article discusses the current problems related to the implementation of the principles of criminal procedure, which has a direct impact on ensuring confidentiality and privacy in criminal proceedings, as well as possible ways to resolve them. In addition, the purpose of the scientific research reflected in this article is to develop and predict possible prospects for improving the criminal procedure legislation in the issue under study. The science of criminal procedure points to not a small number of problems and gaps in legislation related to the institute of “secrets”. The most signific

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19

Yurevich Epihin, Alexander, Oleg Aleksandrovich Zaitsev, Ekaterina Pavlovna Grishina, Andrey Viktorovich Mishin, and Gulnar Isaevna Aliyeva. "ANTI-CORRUPTION THE CRIMINAL PROCEDURE LEGISLATION OF RUSSIA." Humanities & Social Sciences Reviews 7, no. 5 (2019): 646–49. http://dx.doi.org/10.18510/hssr.2019.7574.

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Purpose: In article current trends of application of the criminal procedure legislation of the Russian Federation in compliance with the purpose of criminal legal proceedings and in the context of counteraction corruption and prevention of abuse of the law of the officials who are carrying out criminal prosecution and judicial review and permission of criminal cases are stated. Methodology: In the course of the research of problematic issues and statements of the material of the article the dialectic, comparative and legal, law modeling, logical, inductive and deductive methods were used

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20

Latypov, V. S., and R. А. Ismagilov. "Reflections on the Legal Classification of Participants in Criminal Proceedings." Lex Russica, no. 5 (May 25, 2021): 103–11. http://dx.doi.org/10.17803/1729-5920.2021.174.5.103-111.

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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 pe

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Manova, N. S., and G. I. Sibirtsev. "The essence and goals of the defense in the criminal procedure." Courier of Kutafin Moscow State Law University (MSAL)), no. 11 (January 14, 2021): 78–87. http://dx.doi.org/10.17803/2311-5998.2020.75.11.078-087.

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The article investigates questions about the essence of criminal defense, its goals and properties. The authors note that, for all its specifi city, criminal procedural protection has a number of properties inherent in any type of defensive activity, but at the same time its independence is the defi ning property of protection in criminal procedure. The article is devoted to the problems of scientifi c and legislative refl ection of the defense in the criminal procedure. Comparing the history of legal regulation of the defense in criminal proceedings in various European states, the authors com

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Horoshko, Valentyna, Yehor Nazymko, and Yurii Pavliutin. "CRIMINAL PROCEDURE LAW OF UKRAINE IN THE CONTEXT OF EUROPEAN INTEGRATION: PROBLEMATIC ECONOMIC AND LEGAL ISSUES, WAYS OF REFORMING." Baltic Journal of Economic Studies 8, no. 3 (2022): 48–52. http://dx.doi.org/10.30525/2256-0742/2022-8-3-48-52.

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The subject of the study is the coverage of problematic issues and ways of reforming the criminal procedure legislation of Ukraine in the context of European integration. Methodology. The methodological basis of the study is a dialectical method of scientific knowledge, through the application of this method the legal, functional, organizational and procedural aspects of methodological approaches to the understanding of problematic issues are considered and the ways of reforming the criminal procedure legislation of Ukraine in the context of European integration are considered. The results of

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Ovchinnikova, Oksana V. "PRODUCTION OF REMOTE INVESTIGATIVE ACTIONS: EXPERIENCE OF FOREIGN COUNTRIES." LEGAL ORDER: History, Theory, Practice 38, no. 3 (2023): 87–91. http://dx.doi.org/10.47475/2311-696x-2023-38-3-87-91.

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The article discusses the prospects for expanding the practice of conducting remote investigative actions during pre-trial proceedings. The author analyzes the legislative structure of Article 189.1 of the Code of Criminal Procedure of the Russian Federation, notes the formulations that prevent its effective implementation. A comparative legal analysis with similar provisions of the legislation of foreign countries is carried out, novelties of foreign legislation that can be used to improve Russian pre-trial proceedings are noted. The author proposes to simplify the procedure for conducting in

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Kalandarishvili, Christina. "Properties of Criminal Procedure Presumptions." Siberian Criminal Process and Criminalistic Readings, no. 4 (December 22, 2021): 30–40. http://dx.doi.org/10.17150/2411-6122.2021.4.30-40.

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The process of proving has always been and today still is the central problem of criminal proceedings, and most aspects of modern criminal procedure activities are connected with it. The cognitive character of the proving process presupposes the use of multiple methods, the most complex and significant of which is the method of presuming. This method of legal technique is well represented in the Russian legislation. At the same time, legal science and the theory of criminal procedure law, which have multiple definitions of legal or lawful presumption reflecting various aspects of the concept u

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Divaev, Alexander. "Scientific Forecasting and Effectiveness of Criminal Procedural Impact." Baikal Research Journal 15, no. 4 (2024): 1466–75. https://doi.org/10.17150/2411-6262.2024.15(4).1466-1475.

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The article critically analyzes the forecasting method as a means of understanding the development of criminal procedure law and criminal procedure legislation. The relevance of his study is due to the extremely inconsistent development of criminal procedure legislation, the unsystematic nature of many of his novels, which raises the question of the consistency of the scientific justification of legislative activity and the effectiveness of interaction between the legislator and the scientific community. The author's position is based on the strict scientific nature of predictive activity in t

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Yashchuk, T. F. "Stages of codification of All-Union criiminal procedural legislation in the Soviet period." Law Enforcement Review 8, no. 3 (2024): 5–14. http://dx.doi.org/10.52468/2542-1514.2024.8(3).5-14.

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The subject of the study is the criminal procedural legislation of the Soviet period. The purpose of the article is to highlight and characterize the stages of codification of all-Union criminal procedure legislation. The stages are highlighted taking into account changes within the two-level structure of sectoral legislation, which reflect the evolution of the Soviet state and law. All-Union codified acts were designated by the term Fundamentals. The article proves that in the conditions of a federal state, the optimal structure for criminal procedural legislation included the all-Union Funda

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Lukyanchikova, Elena F., Dina R. Kripakova, Vasily J. Potapov, Valeria V. Shlomina, and Leonid A. Prokhorov. "Pre-trial agreement on cooperation in russia and abroad." LAPLAGE EM REVISTA 7, Extra-A (2021): 204–9. http://dx.doi.org/10.24115/s2446-622020217extra-a794p.204-209.

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The article presents the results of a comparative legal analysis of the institute of pre-trial cooperation agreements in the criminal procedure legislation of foreign states. It is concluded that the specifics of the conclusion of this agreement and its subsequent implementation depend on the type of legal system and the nature of national criminal procedure legislation of each country. By its nature, the Russian institute of pre-trial cooperation agreement is similar to a number of conciliation procedures of the continental legal system, but it has distinctive features due to the peculiaritie

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Nikolyuk, Viacheslav. "On the Question of Correlation of Criminal Procedure and Penal Enforcement Legislation." Journal of Russian Law 27, no. 10 (2023): 99. http://dx.doi.org/10.61205/jrp.2023.118.

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The article shows the intersectoral links of criminal procedure and penal enforcement legislation, combined at the theoretical level into a single block “legislation on combating crime”. The author examines the correlation of criminal procedure and penal enforcement legislation, continuing the research he started at the end of the last century on this issue. The issues of interaction between the Criminal Procedure Code of the Russian Federation and the Criminal Executive Code of the Russian Federation are insufficiently studied in legal science, despite the existence of fragmentary links betwe

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Hatuaeva, V. "Uncertainty of Procedural Status of Jury: Contradictions of Criminal Procedure Legislation." RUSSIAN JUSTICE 1, no. 117 (2016): 93–97. http://dx.doi.org/10.17238/issn2072-909x.2016.1.93.

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Miheev, Denis, and Nail Fayzrahmanov. "PROSPECTS FOR THE DEVELOPMENT OF RUSSIAN CRIMINAL AND CRIMINAL PROCEDURE LEGISLATION." Bulletin of the Kazan Law Institute of MIA Russia 15, no. 3 (2024): 145–50. http://dx.doi.org/10.37973/vestnikkui-2024-57-16.

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The article describes conclusions of the scientific international conference “Russian criminal and criminal-procedure law: development prospects” dated May, 17 2024 in Mari State University within International Legal Forum “Mari El – 2024”. The article also presents a brief review of keynote speeches, challenging issues and their solutions.

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KHATENEVICH, T., and V. BERSUNUKAYEV. "PROBLEMS OF DETERMINING THE SIGNS OF CRIMINAL BANKRUPTCY AND PROSPECTS FOR THEIR SOLUTION." Vestnik of Polotsk State University Part D Economic and legal sciences, no. 1 (May 6, 2024): 78–86. http://dx.doi.org/10.52928/2070-1632-2024-66-1-78-86.

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The legislation providing for limits of liability for socially dangerous acts aimed at violating insolvency (bankruptcy) procedures is analyzed. It is proposed to supplement the mechanism of criminal law protection of the established procedure for carrying out economic activities with new provisions taking into account the analysis of the current practice of applying criminal law prohibitions of criminal bankruptcy, as well as based on the study of the legislative experience of other states in the field of regulating insolvency and criminalization of socially dangerous acts related to the proc

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Naeem, Muhammad Waqar. "Explaining Code of Criminal Procedures CrPC 1898 and Suggestions for Amendments." Scandic Journal Of Advanced Research And Reviews 2, no. 4 (2022): 040–51. http://dx.doi.org/10.55966/sjarr.2022.2.4.0046.

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Code of Criminal Procedure (CrPC), 1898 is the main legislation on the entire legal procedure for investigation of any case under Criminal Law of Pakistan. Thus, the CrPC ensures provision of machinery for the crime investigation, apprehension of suspected criminals, determination of innocence or guilt of accused individual, collection of evidences, and determination of proper procedures (Zaffar, 2021). This Act initially came into force on first day of July 1898 in Pakistan. CrPC is applicable in all the regions of Pakistan but in the absence of any specific provision to the contrary, special

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Sychev, Pavel G. "MODERNIZATION OF CRIMINAL PROCEEDINGS IN THE CONTEXT OF ITS LIBERALIZATION FOR ENTREPRENEuRS." Lomonosov Law Journal 65, no. 1, 2024 (2024): 59–68. http://dx.doi.org/10.55959/msu0130-0113-11-65-1-4.

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Modernization of criminal procedure legislation, which is most often im-plemented during codification, is always, according to the legislator’s plan, aimed at the public good. Criminal policy can also be aimed at increasing the effectiveness of coun-tering crimes that most threaten social and public peace. When developing the Code of Criminal Procedure of the Russian Federation in 2001, it included norms aimed at im-proving the effectiveness of criminal proceedings — on the participation of a legal entity, on the seizure of securities. Currently, the legislative trend has changed, amendments t

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윤동호. "Critic on Legislation of Bargaining in Criminal Procedure." Korean Journal of Comparative Criminal Law 11, no. 2 (2009): 213–34. http://dx.doi.org/10.23894/kjccl.2009.11.2.009.

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Banović, Božidar M., Vince Vari, and Dragana S. Čvorović. "DETENTION IN THE CRIMINAL PROCEDURE LEGISLATION OF HUNGARY." Strani pravni život 66, no. 4 (2023): 431–49. http://dx.doi.org/10.56461/spz_22405kj.

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The paper presents the situation of detention in Hungary. The legal institution of detention is the deprivation of personal liberty without a final court decision, i.e., a final decision. The Hungarian Criminal Procedure Act, which entered into force on 1 July 2018, aims to renew the practice of detention. According to the new regulation, detention can be applied only if the intended purpose of the proceedings cannot be ensured by less coercive measures (criminal supervision, bail). The paper describes the legal reasons for the detention, the statistics, and the previous problems in the case l

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Kostić, Jelena. "TAX CRIMES IN THE ITALIAN LEGISLATION." Strani pravni život 60, no. 4 (2016): 135–54. http://dx.doi.org/10.56461/spz16410k.

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In spite of the fact that tax crimes are offences mala prohibita, rather than mala per se, a social consensus has long existed according to which certain behaviours that harm the state budget should be stipulated by criminal legislation. According to some data, penalties for failure to pay dues to the state existed even in ancient Egypt. The only things that have changed over time were the number of tax-related criminal offences and the type of sanctions prescribed for these offences. Most certainly, such solutions were conditioned by concrete social circumstances. Nowadays, all legislations p

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Öberg, Jacob. "Trust in the Law? Mutual Recognition as a Justification to Domestic Criminal Procedure." European Constitutional Law Review 16, no. 1 (2020): 33–62. http://dx.doi.org/10.1017/s1574019620000036.

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EU law – Mutual recognition as a justification for EU competence – EU competence in domestic criminal procedure – Test and intensity of judicial review of EU criminal law legislation – Relationship between mutual trust and mutual recognition – Federalism and division of powers between the member states and the EU – Mutual recognition as a constraint to EU action – Presumption of Innocence Directive – Victims’ Rights Directive – Exercise of EU competence in domestic criminal procedure – Justifications for EU action in criminal procedure – Evidence-based legislation in the field of criminal proc

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Krushynskyi, Serhii. "The representation of proofs in criminal cases on regulation of Criminal procedure charter of 1864." University Scientific Notes 2011/3 (March 16, 2020): 324–29. https://doi.org/10.5281/zenodo.3712376.

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<em>The provisions of Criminal procedure charter devoted to the representation of proofs by the participants of criminal proceeding are analyzed in the article. The author accentuates that the current criminal procedure legislation of Ukraine has inherited a lot of progressive ideas implemented by Criminal procedure charter, in particular the authorization of the participants of criminal proceeding by the right to present proofs.</em>

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Maryniv, V., and O. Leiba. "Some gaps in criminal procedural legislation at the time of court decisions appeal." Problems of Legality 2021, no. 153 (2021): 155–64. https://doi.org/10.21564/2414-990X.153.230046.

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The article is dedicated to the explanation of such legislative defects as gaps in the criminal procedural legislation during court decisions appeal. Within the framework of the study the attention focuses on the fact that regulatory rulemaking of the court decisions appeal in criminal proceeding contains multiple gaps that affect negatively at its practical implementation. Detailed analysis of the gaps in the criminal procedure legislation has been carried out. By reference to specific aspects of the judicial review implementation, the gaps classification according to their subject is propose

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Zhivodrova, Nadezhda. "Problems of Criminal Liability for Illegal Termination of Pregnancy." Academic Law Journal 23, no. 3 (2022): 265–72. http://dx.doi.org/10.17150/1819-0928.2022.23(3).265-272.

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The article presents a comprehensive criminal law analysis of the illegal artificial termination of pregnancy on the basis of current Russian legislation, including criminal law. Currently, the legislation of the Russian Federation recognizes the right of a woman to an artificial termination of pregnancy within statutory period and manner prescribed by law. Termination of pregnancy should be carried out only by qualified specialists. Illegal conduct of this procedure entails criminal liability (Article 123 of the Criminal Code of the Russian Federation). In the theory of criminal law, there ha

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Milikova, Anna V., and Nadezhda T. Trishina. "The Role of a Psychologist in a Pre-Trial Criminal Procedure." Juridical psychology 2 (June 23, 2022): 13–16. http://dx.doi.org/10.18572/2071-1204-2022-2-13-16.

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The status of a psychologist has not been resolved in criminal procedure legislation. On the one position on the inclusion of a psychologist in the number of participants in criminal proceedings and the inclusion in the Code of Criminal Procedure of the Russian Federation of a separate article ‘psychologist’, establishing his rights and obligations, seems correct. From another point of view, a psychologist today is an expert or specialist involved in the criminal process, whose participation is regulated by art. 57, 58, 70, 71, 80, 168 of the Code of Criminal Procedure of the Russian Federatio

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Utebaev, Salamat Maksetbay ugli, and Ayjamal Mang'itbay qizi Toqsanbaeva. "ISSUES OF LIBERALIZATION OF LEGISLATION ON OFFENSES IN THE CUSTOMS SPHERE." Jurisprudence 3, no. 6 (2022): 3. https://doi.org/10.5281/zenodo.7482857.

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This article analyzes the legislative acts of the Republic of Uzbekistan concerning offenses in the customs sphere, as well as studied and reviewed articles of the Criminal Code and the Code of Administrative Responsibility, with regard to providing for liability for offenses in the customs sphere. The article also highlights separately the issues of liberalization of the norms of the Criminal Code and the Code of Administrative Responsibility of the Republic of Uzbekistan, establishing responsibility for offenses in the customs sphere, simplification and liberalization of relevant customs pro

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Krushynskyi, Serhii, and Mariana Kalinovska. "Procedure of Involving an Expert in the Context of Realization the Adversarial Principle in Criminal Proceedings." State and regions. Series: Law 1 (59) (March 17, 2020): 155–60. https://doi.org/10.5281/zenodo.3712851.

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<em>The article examines the issue of the procedure of involving an expert in the context of realization the adversarial principle in criminal proceedings, taking into account changes in the criminal procedural legislation. The review and analysis of the consequences of legislative innovations for the parties of criminal proceedings has been conducted. It has been established that the new procedure for regulating the issue of involving an expert eliminates a number of problem points for the parties of criminal proceedings, which previously existed in practice, but also contains a number of gap

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Kasymkhan, M. E. "Procedural characteristics of the reasons for the start of the pre-trial investigation." Scientific works "Adilet", no. 4 (2021): 97–104. https://doi.org/10.54649/2077-9860-2021-4-97-104.

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The relevance of the designated research topic in the context of changing legislative priorities and the creation of new mechanisms for investigating criminal offenses is beyond doubt. The doctrine of the Criminal Procedure Code of the Republic of Kazakhstan dated July 4, 2014 No. 231-V is aimed at solving important problematic aspects of criminal procedure legislation and law enforcement practice, protecting constitutional rights, freedoms and legitimate interests of citizens, ensuring fairness, accessibility and transparency of the administration of justice at the level of generally accepted

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Salmina, Svetlana G. "ON MEDIATION INSTITUTE IN CRIMINAL PROCEDURE." Yugra State University Bulletin 13, no. 1-2 (2017): 122–25. http://dx.doi.org/10.17816/byusu2017131-2122-125.

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The article considers some aspects of mediation in criminal procedure. The author has defined the author’s notion “mediator”. Special attention is paid to conciliation procedure in criminal procedure legislation. There are examples of use of mediation services in educational institutions of the Russian territorial entity

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STAMENKOVIĆ, MILOŠ. "ISSUES ON THE JUSTIFICATION OF THE AMENDMENT OF THE CRIMINAL PROCEDURAL LEGISLATION OF THE REPUBLIC OF SERBIA FROM 2011." Kultura polisa, no. 45 (July 3, 2021): 321–32. http://dx.doi.org/10.51738/kpolisa2021.18.2r.4.06.

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The issue of the development of criminal procedural law is an extremely broad and complex consideration, one that is difficult to cover in one study. In this paper, the author will deal with the development of criminal procedural legislation of the Republic of Serbia by 2011 in the first part. The current Criminal Procedure Code, with its most recent amendments from 2019, is still based precisely on the mentioned Code. The systematic presentation of the development of criminal procedural legislation in the Republic of Serbia has been burdened with both numerous changes in legislative sources a

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Kantsir, Volodymyr, and Mariia Koval. "International experience in the application of agreements in criminal proceedings." Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki 11, no. 42 (2024): 61–67. http://dx.doi.org/10.23939/law2024.42.061.

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Further study of the institution of “agreements in criminal proceedings” is appropriate taking into account three main factors: analysis of historical experience, generalization of the practice of applying current legislation and study of foreign experience: criminal procedural legislation and the practice of its application. The institution of criminal proceedings based on agreements is a successful “borrowing” of the legislative experience of other states and belongs to special judicial procedures. Perceived positively by society, as the possibility of an agreement between the suspect or the

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Markovicheva, E. V. "Prospects for the Implementation of Special Conciliation Procedures in the Russian Criminal Process." Rossijskoe pravosudie 9 (August 21, 2020): 99–104. http://dx.doi.org/10.37399/issn2072-909x.2020.1.99-104.

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In the 21st century, the concept of restorative justice has become widespread in criminal proceedings. The introduction of special compromise procedures into the criminal process allows for the restoration of the rights of the victim and reduces the level of repression in the criminal justice system. The traditional system of punishment is considered ineffective, not conducive to the purpose of compensating for harm caused by the crime. Restorative justice enables the accused to compensate for the harm caused by the crime and is oriented not towards their social isolation, but towards further

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Rakhmetulin, Abay Dzhambulovich. "THE MAIN SUBJECTS OF THE CONSTITUTIONALIZATION OF CRIMINAL LAW AND CRIMINAL PROCEDURE OF THE REPUBLIC OF KAZAKHSTAN." Bulletin of the Institute of Legislation and Legal Information of the Republic of Kazakhstan 3, no. 74 (2023): 221–29. http://dx.doi.org/10.52026/2788-5291_2023_74_3_221.

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The relevance of the topic of constitutionalization of the legal system in general and the criminal legal sphere in particular is predetermined by the increased importance of the ideas of the rule of law, constitutionalism and constitutional order in the modern world. In this aspect, the concept of constitutionalization is increasingly used in legal doctrine and legal practice, denoting an integral system of effective implementation of constitutional and legal values and principles in the norms of Kazakh legislation and law enforcement practice. The significant role of the norms of the Constit

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Fedorov, Aleksandr V. "Criminal Procedure Issues of Collective Criminal Liability in the Republic of Poland and Prospects of Improvement of Polish Laws on Collective Criminal Liability." Russian investigator 4 (April 26, 2018): 74–80. http://dx.doi.org/10.18572/1812-3783-2018-4-74-80.

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The article explores the criminal procedure aspects of collective criminal liability in the Republic of Poland and includes an analysis of the relevant provisions of Polish legislation, including the Act on the Liability of Collective Entities for Acts Prohibited under Penalty of 28 October 2002 and the Criminal Procedure Code of the Republic of Poland. The publication contains the data on the practice of making collective entities in the Republic of Poland criminally liable. It reflects Polish specialists’ critical assessments of the corporate criminal responsibility form implemented in Polan

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