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1
Olesya Nikolaevna, Kozodaeva. "Problem aspects of public control implementation of the work of institutions and authorities that conduct sentences." Current Issues of the State and Law, no. 12 (2019): 507–14. http://dx.doi.org/10.20310/2587-9340-2019-3-12-507-514.
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We analyze the legislation and practice of public control implementation of the work of institutions and authorities that conduct sentences. We consider the basic principles and directions of the Public Monitoring Commissions (PMC) activities, we list the problem aspects of the administrations interaction of corrections facilities (CF), mass media and public members. In addition, we study the conceptual foundations of the penal system (PS), measures of legal, organizational, informational, social and economic nature aimed at transparency and improving the conditions of serving a sentence. We ascertain that in practice there are cases in which misunderstanding and ignorance of the criminal, criminal procedural and correctional law legis-lation by members of the PMC, their inability to give an objective legal as-sessment of the behavior and actions of a particular subject (remand prisoner, convicted) and officials of administrations of the Federal Penitentiary Service (FPS of Russia) often creates prerequisites for destabilizing the work of institutions of forced detention (FD) and violating the order of serving sentences. In addition, we note that there are other unresolved tasks with the procedure for protecting the rights of convicted prisoners. Thus, we points out that to date, the issues of modernization and optimization of the security system of the CF, strengthening the material base, the formation of modern information and telecommunication infrastructures, ensuring the necessary level of social protection of the PMC employees, introducing modern technologies and technical means into practice of conduct of sentences and many others have remained unresolved.
2
Karpunina, V. V. "Some general theoretical, technical and legal aspects of the legal culture of the penal legislation." Institute Bulletin: Crime, Punishment, Correction 13, no. 1 (May 13, 2019): 96–102. http://dx.doi.org/10.46741/2076-4162-2019-13-1-96-102.
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The subject of the research in the article is the legal culture of the penal legislation as a value socio-legal phenomenon. The author identifies the features and shortcomings of the legal culture of the penal legislation on the basis of general theoretical and technicallegal analysis. A general theoretical study of the legal culture of legislation makes it possible to consider it in close connection with the system of legal values and the objectives of the legal regulation of social relations. The concept of “legal culture of the penal legislation” reflects the value slice of the functioning of the relevant branch of law. Legal technology allows you to see the inner, deep essence of the legal culture of legislation, identify existing defects and identify ways to correct them. The qualitative state of the legal culture of the penal legislation depends on the technical and legal level of perfection of legal norms and their ability to achieve social goals. Technical and legal tools of the penal legislation have a set of qualities that are due to the nature of legal technology as a technique of social and legal regulation. To increase the technical and legal level of the legal culture it is necessary to fix a coherent system of legal procedures for the execution of criminal sentences in the penal code; exclusion of certain norms that do not correspond to the existing socio-economic conditions and do not contribute to the achievement of the goal of the penal legislation. The conclusions and generalizations formulated in the article can be used in the process of preparing proposals aimed at improving the existing legal policy in the field of the execution of criminal sentences.
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Seliverstov, V. I. "The problem of determining the weight of postal parcels and transfers for convicts." Institute Bulletin: Crime, Punishment, Correction 13, no. 1 (May 13, 2019): 15–21. http://dx.doi.org/10.46741/2076-4162-2019-13-1-15-21.
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The article deals with the problems of determining the weight of postal parcels and transfers that can be sent (transferred) to convicts serving a criminal sentence of imprisonment; questions of legislative techniques for the formulation and interpretation of blanket norms, the specifics of their functioning in the law enforcement mechanism. The article provides the author‘s expert opinion on the problem of determining the weight of postal parcels and transfers for convicts serving a criminal sentence of imprisonment, which analyzes the blanket norm of Art. 91 of the Penal Code RF on determining the weight of parcels by postal rules and on the basis of taking into account economic, political and social factors in general, as well as the procedure for receiving and delivering internal registered mail, the competence of determining the maximum weight of parcels and transmissions, requirements and recommendations of international standards determining the convicts treatment in this aspect. There are proposals to change the penal legislation with a statement of Part 1 of Art. 90 of the Penal Code RF in the new edition. The materials of the article contain aspects of the concept of the draft law regulating the weight of postal parcels and transfers as well as postal parcels.
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Fomin, Aleksey. "Rehabilitation of Convicts in the Mechanism of Ensuring Their Right to a Decent Life After Serving a Sentence." Russian Journal of Criminology 14, no. 2 (April 30, 2020): 268–76. http://dx.doi.org/10.17150/2500-4255.2020.14(2).268-276.
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International law standards of building a social state and guaranteeing each person a decent life make it necessary to develop, at the level of Russian legislation, an institute of social support for low-income ex-convicts as part of the program of their social rehabilitation after release from a penal institution. The author analyzes the essence of social rehabilitation as a legal institution, the evolution of legal regulation of social rehabilitation methods in the Russian penitentiary practice. The institute of social rehabilitation of convicts released after serving their sentences is inter-agency in its essence; it is aimed at the identification and solution of the whole complex of social and economic problems of those inmates who potentially fall into the category of the poor (or who could become low-income citizens after release). It is also aimed at providing not only psychological, but also material social support to ensure their right to a decent life, reduce their risk of falling into the category of low-income (poor) people and help their overall social adaptation after release. The effectiveness of social rehabilitation measures determines if a convict chooses the law-abiding or the criminal model of behavior after release, determines their legal consciousness and, in the end, influences the level of repeat crimes. The author singles out and analyzes the contents of social rehabilitation of ex-convicts after release from places of confinement. In the context of ensuring the right of a convict to a decent life after serving a sentence, the author pays special attention to such a component of social rehabilitation as assistance in finding employment and housing in compliance with the legislation of the Russian Federation and the normative acts of the penitentiary system. The meaning of the term «social» in the collocation «social rehabilitation of convicts» is analyzed in its modern and historical aspect. The author shows the necessity of establishing an efficient state-controlled public system of social rehabilitation for persons who are released from places of incarceration in Russia. He also identifies key directions for improving the effectiveness of the penitentiary system by taking into account the humanistic values of the socio-cultural environment and the principles of international law norms when providing social support to low-income citizens who are in conflict with criminal law, as well as by overcoming their poverty and a negative attitude to them. The author presents arguments to prove the practical value of introducing new forms and methods of correctional influence on convicts that are alternative to criminal procedure coercion, of widening the scope of additional social, psychological and educational work with convicts in penitentiary legislation with the purpose of providing social rehabilitation for convicts and ensuring their right to a decent life after serving the sentence.
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Makarenko, Madina. "Interrogation of foreign citizens: Criminal procedure and psychological aspects." Applied psychology and pedagogy 4, no. 4 (December 15, 2019): 57–67. http://dx.doi.org/10.12737/2500-0543-2019-80-90.
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The possibility of illegal movement of foreign citizens from countries of residence across state borders to the territory of the Russian Federation has led to the fact that most of them have been criminally active in recent years. Over the past three years, the rate of crimes committed by foreign citizens and stateless persons has not significantly decreased (an average decrease of 6% per year). Based on an analysis of the scientific literature and law enforcement practice, the article discusses some criminal procedural, psychological and other features of interrogation of foreign citizens in criminal investigations. The following features and factors that influence the conduct of interrogations with the participation of foreign citizens are highlighted as necessary: the legal status of a foreign citizen, including the presence or absence of legal immunity or citizenship; language barrier, a complex of ethno-social, ethno-cultural and psychological features of its existence and development.
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Guzik-Makaruk, Ewa M., and Ewelina Wojewoda. "PRINCIPLES OF JUVENILE CRIMINAL LIABILITY – SELECTED ASPECTS." PRZEGLĄD POLICYJNY 139, no. 3 (November 30, 2020): 23–39. http://dx.doi.org/10.5604/01.3001.0014.5581.
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The study concerns the principles of juvenile criminal liability. The model of dealing with minors is a rational one. The rules, manner and procedure of dealing with such persons differ signifi cantly from the principles of adult responsibility. Solutions applied to minors are aimed at ensuring their proper development. They are to counteract their stigmatisation and social exclusion. The criminal liability of young perpetrators has given rise to a number of practical and theoretical controversies for many years. First of all, it should be emphasised that one legal act will hold an adult liable, and another, a minor.
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Faraldo-Cabana, Patricia. "One step forward, two steps back? Social rehabilitation of foreign offenders under Framework Decisions 2008/909/JHA and 2008/947/JHA." New Journal of European Criminal Law 10, no. 2 (June 2019): 151–67. http://dx.doi.org/10.1177/2032284419859657.
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Offenders’ rehabilitation is the declared objective of the transfer of foreign offenders to their country of nationality/origin or permanent residence in Framework Decisions 2008/909/JHA and 2008/947/JHA. The driving rationale behind is that allowing foreign offenders to serve their sentence close to home is a significant instrument in improving their chances of social rehabilitation. However, there is a contradiction between what it is declared to be the main purpose of these European instruments and their other explicit and implicit objectives, mainly, promoting mutual recognition of decisions in criminal matters, reducing prison population and removing undesired aliens. This contradiction mirrors the ambiguous role played by offenders’ consent in the context of transfer procedures, and other aspects that do not entirely fit the purpose of increasing the prospects of rehabilitation of foreign offenders. This article explores the concept of social rehabilitation in both Framework Decisions from the viewpoint that its mention as the main rationale for transfer procedures is one important step towards a more humane model of judicial cooperation in the European Union (EU) area of freedom, security and justice. After an in-depth analysis of the aims underlying the adoption of both instruments, this article contributes to the idea that effectiveness of judicial cooperation in criminal matters, in the case of the EU, and the interest in reducing prison population and getting rid of unwanted foreign offenders, in the case of the issuing member states, are the true governing criteria of transfer procedures. There is a clear risk that social rehabilitation can be used deceptively or as an excuse to effectively deport foreign offenders, in particular where consent is not a requirement. This conclusion situates both Framework Decisions two steps back from their point of origin, the Council of Europe conventions on the matter.
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Davoodian, Ehsan. "Position of Citizenship Rights in Criminal Procedure Law Enacted on 2014." Journal of Politics and Law 9, no. 6 (July 31, 2016): 171. http://dx.doi.org/10.5539/jpl.v9n6p171.
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Citizenship rights is a legal term which has several definitions in diverse social and ideological schools; in some cultures its political and social aspects are emphasized more and terms such as nationality and voting right are mentioned and there is no theoretical agreement on it. But generally it can be said that citizenship rights are a collection of legislations and laws intended to protect human personality and dignity in all judicial-political and social fields and a citizen enjoys citizenship rights through living in a special geographical region and by virtue of the relationship existing between he/she and the ruling government. Based on this approach citizenship rights branching out the basic laws of every country, lay a responsibility upon both the citizen and the government and are also entry into force and performance guaranteed such as observing privacy, environment protection and so on.
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Ystanes, Vilde, and Thomas Ugelvik. "‘They Tell Me I’m Dangerous’: Incarcerated Mothers, Scandinavian Prisons and the Ambidextrous Penal–Welfare State." British Journal of Criminology 60, no. 4 (December 9, 2019): 892–910. http://dx.doi.org/10.1093/bjc/azz082.
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Abstract Ambidextrous states can grasp citizens with both the welfare/support-oriented left hand and the punishment/control-oriented right hand. When people go to prison in such contexts, they may simultaneously face punishment and welfare interventions. Based on interviews with six women serving prison sentences in Norway for violence against their own children, this article discusses certain aspects of the prison experience in welfare-state prisons. Their criminal sentences, and the associated stigma and feelings of shame, weighed heavily on these women, but they eventually felt the state’s welfare-oriented left hand was tighter and more punitive than the right hand. This article describes their experiences and strategies in coping with the challenges they faced as prisoners in an ambidextrous state.
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Kamoliddinovich, Ochilov Samariddin. "The Prevention Of Persons With A Test Period." American Journal of Social Science and Education Innovations 03, no. 05 (May 31, 2021): 410–20. http://dx.doi.org/10.37547/tajssei/volume03issue05-73.
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This scientific article is intended to shed light on the theoretical aspects of the prevention of offenses of persons on probation, to identify existing problems in this area and to develop scientific and theoretical proposals for their solution. The legal foundations and scientific and theoretical description of probation, social significance, the circle of persons subject to probation, prevention of offenses of those sentenced to imprisonment, mitigation of punishment, parole. The indicators of criminal cases considered by the country's criminal courts, the number and types of crimes committed by convicts, their causes, statistics of persons released from places of detention and replaced by milder sentences have been studied. In order to increase the effectiveness of the prevention of offenses by persons on probation, the need to study the social status of a person undergoing probation, identify and eliminate his mental and physical problems is emphasized.
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Abramova, N. G., E. E. Bosak, and A. V. Oskolkov. "THE USE OF PUNISHMENT IN THE FORM OF FORCED LABOR AT THE PRESENT STAGE." Law Нerald of Dagestan State University 35, no. 3 (2020): 128–32. http://dx.doi.org/10.21779/2224-0241-2020-35-3-128-132.
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In this article, through an analysis of scientific literature over the past three years, attention is drawn to the most discussed problematic aspects of the designation and execution of sentences in the form of forced labor at the present stage, which determined the relevance of the chosen topic. It is substantiated that the possibility of a court appointing forced labor as an independent form of punishment is fixed at the legislative level. It has been rightly noted that endowing persons convicted of forced labor with signs of a person who is competitive in the labor market will increase the chances of his positive employment. Thus, the effective serving of forced labor by convicts will ensure the realization of the right of victims to compensation for harm caused by a crime to them. The article clearly formulated proposals aimed at improving the institution of forced labor as a form of criminal punishment. The mechanisms that can be implemented as part of the execution of this type of criminal punishment are justified. The conclusion is drawn about the need for a criminal and criminal executive policy to improve remedies and the procedure for their practical application, taking into account previous domestic experience in the execution of other types of punishment.
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Ишков, Юрий Владимирович, Yuriy Vladimirovich Ishkov, Владимир Сторожук, and Vladimir Anatolyevich Storozhuk. "Medical-social and organizational legal aspects of ensuring safety of persons contained in detention centers of penitentiary system of Russia." Vestnik of Astrakhan State Technical University 2019, no. 2 (November 19, 2019): 68–76. http://dx.doi.org/10.24143/1812-9498-2019-2-68-76.
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The article discusses the medical, social, organizational and legal problems of ensuring the safety of persons kept in pre-trial detention centers of the penal system. The ever-increasing influence of the criminal environment on the individuals kept in the Russian pre-trial detention centers has been stated. Among the appointed problems there have been emphasized the socio-demographic and criminogenic factors (deterioration of the criminogenic composition of the persons kept in pre-trial detention centers of the Federal Penitentiary Service) as the most significant ones. The rights of the suspects and the accused, the circumstances of their detention in sentences serving facilities, measures preventing crimes against the person have been listed. A particular attention is paid to ensuring the health of the contingent in the pre-trial detention centers
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Vardanyan, Galina, and Olga Aivazova. "Protection of the Rights and Legitimate Interests of Legal Persons in Criminal Proceedings: a Correlation of Criminal Law, Criminal Procedure and Forensic Aspects." Russian Journal of Criminology 13, no. 3 (July 4, 2019): 498–505. http://dx.doi.org/10.17150/2500-4255.2019.13(3).498-505.
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The transformation of the status and role of legal persons in modern civil society as one of the consequences of global social and economic reforms of the post-Soviet period brought about a need for strengthening the guarantees of protecting the rights and legitimate interests of legal persons. The guarantees of protecting legal persons against criminal infringements are very important in this case. The lawmakers have done an enormous amount of work in this sphere: the norms of the Special Part of the Criminal Code of the Russian Federation contain a considerate number of crimes whose characteristic features are infringements on the rights and legitimate interests of legal persons, while the norms of the Criminal Procedure Code of the Russian Federation make it possible to recognize not only a physical, but also a legal person as a victim. The authors describe some criminalistically relevant features of subjects who are likely to commit crimes against the property or business reputation of legal persons, depending, among other things, on the existence or absence of official legal relations (civil law, labor) between legal persons and the subjects of crime. As for the extensive scientific discussion on the introduction of the institute of criminal liability of legal persons into Russian criminal legislation, the authors side with the opponents (at least, at the present stage) of such an innovation. At the same time, they stress that it is absolutely necessary to look for the ways to improve the effectiveness of counteracting criminal infringements against legal persons. The authors believe that an effective way to resolve this problem could be the development of a complex methodology of investigating crimes against legal persons. The theoretical and methodological basis of this scientific sphere, its main ideas (its concept) make it possible to identify and systematize general regularities of the mechanism of criminal actions in this sphere; a good understanding of these regularities will help develop a complex of methodical and criminalistic recommendations that meet the requirements of the legal science and the investigation and court practice.
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Tran, Tuan Anh, Jarunee Duangsuwan, and Wiphada Wettayaprasit. "A new approach for extracting and scoring aspect using SentiWordNet." Indonesian Journal of Electrical Engineering and Computer Science 22, no. 3 (June 1, 2021): 1731. http://dx.doi.org/10.11591/ijeecs.v22.i3.pp1731-1738.
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Aspect-based online information on social media plays a vital role in influencing people’s opinions when consumers concern with their decisions to make a purchase, or companies intend to pursue opinions on their product or services. Determining aspect-based opinions from the online information is necessary for business intelligence to support users in reaching their objectives. In this study, we propose the new aspect extraction and scoring system which has three procedures. The first procedure is normalizing and tagging part-of-speech for sentences of datasets. The second procedure is extracting aspects with pattern rules. The third procedure is assigning scores for aspects with SentiWordNet. In the experiments, benchmark datasets of customer reviews are used for evaluation. The performance evaluation of our proposed system shows that our proposed system has high accuracy when compared to other systems.
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Sirotkina, Mariia, Olena Lomakina, and Olena Shkarnega. "TOPICAL ASPECTS OF DCFTA IMPLEMENTATION IN THE JUDICIAL PROCEEDINGS." Baltic Journal of Economic Studies 7, no. 1 (January 22, 2021): 127–33. http://dx.doi.org/10.30525/2256-0742/2021-7-1-127-133.
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The Association Agreement between the European Union and Ukraine is a new format of relations aimed at creating a deep and comprehensive free trade area (DCFTA) between Ukraine and the EU with the gradual integration of Ukraine into the internal market of the European Union. Focusing on the experience of rule-making of the EU member states, it is necessary to define and implement the legal rules and principles of the national judiciary, taking into account the rules and principles of European law (Chornomaz, 2016). In accordance with the strategy of European integration of our country, the adaptation of Ukrainian legislation is to approximate it with the modern European legal system, which will ensure the development of the political, entrepreneurial, social, cultural activity of Ukrainian citizens, economic development of the state within the EU to facilitate the increase of standards of living of the population. The implementation of the provisions of European legislation provided by the economic part of the Association Agreement (AA) is extremely important in the context of reforms, as the provisions can and should serve as a basis for a new model of socio-economic development of Ukraine. The deepening of the processes of humanization and democratization of Ukrainian society, the gradual introduction of principles and rules of European law into the national judiciary through reforms in the field of justice, inter alia, have led to qualitative updating of criminal procedure legislation of Ukraine, in particular: use of differentiated approach to legal conflicts between persons who have committed criminal offences, which do not pose a great public danger, and victims; simplification and reduction of the procedure of criminal proceedings; ensuring procedural savings; reduction of the caseload; allowing the parties of the conflict to resolve issues of exemption from criminal liability in case of reconciliation between the offender and the victim independently, the appointment of the negotiated punishment and release from serving with probation, etc. Given the specifics of the approach to improving relations with neighbouring countries on a differentiated basis, the EU seeks to identify and base on existing positive sources of sustainability, as well as to monitor and respond to weaknesses with the appropriate set of methods and resources at its disposal. The purpose of the article is to study a theoretical and practical definition of challenges of adaptation of Ukrainian legislation to the legislation of the European Union, institutional and organizational mechanisms of DCFTA implementation in the field of justice and certain norms of the current criminal procedure legislation. Ukraine is undergoing the second phase of radical reform of government structures; it has been continuing for 15 years but, unlike other countries, it is much more difficult for Ukraine to get rid of the burden of past problems. Judicial reform is also underway and domestic legislation is being significantly changed, including the transformation of the judicial proceedings. The topical issue of the development of judicial reforms is an imperfection, and sometimes a contradiction of regulations, which negatively affects the process of realization of rights and responsibilities of all subjects of public relations, slows down the development of Ukraine as a state governed by the rule of law. However, the introduction of institutions of concluding agreements, simplified proceedings, probation, and later mediation, into the criminal procedure legislation of Ukraine indicates the readiness of our state to change the concept of criminal procedure in accordance with the European standards, which will improve the situation of all parties to criminal proceedings. However, they need further completion and improvement. We are convinced that the introduction of such institutions will contribute to the legal development of society to achieve the European standards of restorative justice, which will encourage the further introduction of the latter in the legislation of Ukraine, resolving criminal conflicts by reaching a compromise between parties in cases specified by law. One of the ways to solve this problem in Ukraine is to regulate the process of adoption of regulations by the subjects of rule-making and taking into account the provision that legality as an objective property of law, in general, is the necessary condition and the main principle of the rule-making process.
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Egorova, N. A. "A New Kind of Exemption from Criminal Responsibility: the Theoretical, Legislative and Enforcement Aspects." Russian Journal of Legal Studies 4, no. 3 (September 15, 2017): 158–66. http://dx.doi.org/10.17816/rjls18304.
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Questions about the place of norms about exemption from criminal responsibility with the appointment of a judicial fine in the system of criminal law institutions, the difference of judicial fine from other criminal law measures, the grounds for exemption from criminal responsibility under article 76.2 of the Criminal code, and the appointment of a judicial fine are considered. It is stated that the basis of a judicial fine may only be established by court fact of the crime of a certain category, therefore it is difficult to explain the appointment of this measure to a person suspected of committing a crime; the purpose of restoring social justice when releasing from criminal responsibility with the appointment of a judicial fine is not achieved. A critical analysis of the resolution of Plenum of the Supreme Court of the Russian Federation from June 27, 2013 No. 19 «About application by courts of the legislation regulating the grounds and procedure of exemption from criminal responsibility» (new edition) in the explanation concerning the mentioned exemption from criminal responsibility is done. It is concluded that the appearance of the considered norms in the Russian criminal law reflects not only the search of more flexible methods of criminal law impact and new criminal law measures, but also about the failure of the state and society in solving the problem of crime prevention. Legal regulation of judicial fine in the future should be more detailed, the scope of application of article 76.2 of the Criminal code is narrower, and the resolution of the Plenum of the Supreme Court of the Russian Federation should pay more attention to the interpretation of article 76.2, 104.4 and 104.5 of the Criminal code.
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L. G., Ostapchuk, and Kondratenko N. V. "PROBLEM ASPECTS OF EXECUTION OF PUNISHMENT IN THE FORM OF ARREST OF CONVICTED SERVICEMAN." Scientific journal Criminal and Executive System: Yesterday. Today. Tomorrow 2020, no. 2 (December 22, 2020): 53–61. http://dx.doi.org/10.32755/sjcriminal.2020.02.053.
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The article analyzes the provisions of criminal law and international law governing the punishment in the form of arrest of servicemen. It is determined that the studied type of criminal punishment in relation to servicemen has its own specifics since servicemen serve their sentences directly during military service. Therefore, in the process of serving a sentence in the form of arrest, convicted servicemen do not lose their special status, which is regulated by departmental normative-legal acts. The theory of criminal law of Ukraine and judicial practice are proved to not previously know such a type of criminal punishment as arrest. It is determined that of special interest are the issues of studying the peculiarities of the execution of punishment in the form of arrest of convicted servicemen, as well as the compliance of domestic legislation with international law. Among the main problems of the legislation of Ukraine, which regulates the legal procedure for execution and serving a sentence in the form of arrest by convicted servicemen, it is singled out the inconsistency of domestic legislation with international standards. There is the need to involve qualified personnel to work with convicted servicemen, who must be carefully selected, properly trained, paid for at the professional level and have a status that is respected in civil society. The European Penitentiary Regulations stipulate that before personnel can take up their duties, they must undergo a training course in the performance of their general and specific tasks and pass theoretical and practical examinations, and a training course must be completed for all personnel, including a study of international and regional instruments and norms in the field of human rights protection, particularly the European Convention on Human Rights and the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment. The analysis of domestic and international law indicates that special attention should be paid to the rules that ensure the right of a convicted serviceman to medical care, the convict’s right to purchase food and basic necessities, the right to visit relatives and friends, telephone conversations, the right to convicts’ separate detention of different sexes, the right to respect for their dignity, etc. Therefore, the reforms implementation in the penitentiary sphere is quite appropriate at present. First of all, it is necessary to bring military penitentiary institutions in line with the requirements of international legal acts that determine the rules for the treatment of convicts and prisoners, as most of them are not recommended, but mandatory. Key words: arrest, military criminal offenses, serviceman, guard.
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Buryj, Vitalij, and Vladimir Stepanenko. "Socio-legal indicators of resocialization of convicts to deprivation of liberty in the Republic of Belarus." International penitentiary journal 1, no. 1 (April 26, 2019): 12–20. http://dx.doi.org/10.33463/2712-7737.2019.01(1-3).1.012-020.
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Changes in the political, socio-economic, legal and cultural sphere of Belarusian society over the past decade have significantly affected the conditions of functioning and objectives of the bodies and institutions of the Penal system, and therefore the course was taken on improvement of the execution of punishment in the form of imprisonment, primarily in terms of the organization of the correctional process in places of deprivation of liberty. At the same time, in the Penal code of the Republic of Belarus adopted in 2000, the regulations on the organization of the correctional process of convicts in places of deprivation of liberty are of the most general nature and do not fully take into account modern (including international), social and legal requirements and trends in the re-socialization of persons serving sentences in correctional institutions and their subsequent social adaptation in conditions of liberty. Until the necessary unity of the legal, social and psychological aspects is ensured in the organization of the correctional process of persons serving sentences in the form of imprisonment, new approaches to the legal regulation of resocialization and social adaptation of convicts are not worked out. This is reflected in the lack of an adequate typology of persons, sentenced to deprivation of liberty, and both theoretical and methodological basis for their resocialization and social adaptation. In addition, there are no standardized requirements for the definition of indicators and degrees of convicts’ correction, regarding their respective criminological typology, as well as correctional programs, specifically and functionally oriented to their resocialization and social adaptation, which led to the presence of legal, organizational and methodological gaps in the social adaptation of released persons (post-penitentiary period). The purpose of this article on the basis of the proposed criminological typology of convicts (criminals) is to offer a solution to this problem and to introduce specific legal (criminal law, criminology, penal law) and social indicators of correction during the sentences of imprisonment. The use of this typology of convicts (criminals) and socio-legal indicators of their correction in places of deprivation of liberty will affect not only the qualitative (and not formal) application of the institutions of early release, but also, as the Belarusian law enforcement practice shows, the gradual decrease in the high level of criminal recidivism, the structural component of which in Belarus recognizes an unreasonably high level of penitentiary recidivism.
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Donskova, Yuliia. "Speech Patterns in Litigation Documents (Exemplified by Decrees)." Vestnik Volgogradskogo gosudarstvennogo universiteta. Serija 2. Jazykoznanije, no. 6 (March 2021): 148–56. http://dx.doi.org/10.15688/jvolsu2.2020.6.11.
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The study focuses on speech patterns typically used in litigation documents issued at the stage of criminal proceeding initiation and pre-trial investigation, which belong to the genre of decree. It is stated that Russian Federation Criminal Procedure Code and most of the Comments to it lack any language requirements to the text organization in these litigation documents. The article is aimed at defining characteristics of the decree genre structure; in particular, lexical and grammatical means that are used in decree texts are equated to the language norms. Some most frequent cases of lexical compatibility violation within set expressions and cliché of litigation documents and their combinations are detected. The author adheres to the opinion that language norms violations may have legal consequences in qualifying offenses and their types. The analysis of syntactic structure of sentences reveals that there is no distinction in the linguistic category of event completeness, in the texts they are presented as hypothetical events. Several aspects of modality in decree texts are studied. The author lays down some requirements on composing a narrative part of the decree as a forensic genre, makes an assertion that it is time to formulate some firm linguistic criteria of decree documentation organization and indicate the consent on expediency of linguistic expertize.
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Tabe, Simon. "A Critical Appraisal of the Juvenile Justice System under Cameroon's 2005 Criminal Procedure Code: Emerging Challenges." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 15, no. 1 (May 22, 2017): 147. http://dx.doi.org/10.17159/1727-3781/2012/v15i1a2460.
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The objective of this article is to examine the changes introduced by the 2005 Cameroonian Criminal Procedure Code on matters of juvenile justice, considering that before this Code, juvenile justice in Cameroon was governed by extra-national laws. In undertaking this analysis, the article highlights the evolution of the administration of juvenile justice 50 years after independence of Cameroon. It also points out the various difficulties and shortcomings in the treatment of juvenile offenders in Cameroon since the enactment of the new Criminal Procedure Code. The article reveals that the 2005 Code is an amalgamation of all hitherto existing laws in the country that pertained to juvenile justice, and that despite the considerable amount of criticism it has received, the Code is clearly an improvement of the system of juvenile justice in Cameroon, since it represents a balance of the due process rights of young people, the protection of society and the special needs of young offenders. This is so because the drafters of the Code took a broad view of the old laws on juvenile justice. Also a wide range of groups were consulted, including criminal justice professionals, children’s service organisations, victims, parents, young offenders, educators, advocacy groups and social-policy analysts. However, to address the challenges that beset the juvenile justice system of Cameroon, the strategy of the government should be focussed on three areas: the prevention of youth crime, the provision of meaningful consequences for the actions of young people, and the rehabilitation and reintegration of young offenders. Cameroonian law should seek educative solutions rather than to impose prison sentences or other repressive measures on young offenders. Special courts to deal with young offenders should be established outside the regular penal system and should be provided with resources that are adequate for and appropriate to fostering their understanding of juvenile crime.
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Adilbekova, Anastasiya. "The concept of probation and the implementation of probation control over persons with a suspended sentence in the Republic of Kazakhstan." International penitentiary journal 3, no. 1 (July 16, 2021): 26–30. http://dx.doi.org/10.33463/2712-7737.2021.03(1-3).1.026-030.
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The article is devoted to the issues related to the formation of the state probation service in the Republic of Kazakhstan and the legislative regulation of its activities. Possible prospects for the development of this service are outlined, taking into account foreign experience, and some aspects of improving the system of execution of non-custodial sentences are also studied. Probation is presented as criminal supervision (criminal guardianship). Based on the conducted research, the author comes to the conclusion that probation should be understood as a set of measures aimed at social rehabilitation and adaptation, protection of the legal rights and interests of persons who have been prosecuted and found themselves in the current difficult life situation, as well as control and supervision of their behavior. The essence of probation is that, along with serious restrictions on the daily living conditions of the offender, in case of violation of the order and conditions of serving a sentence without deprivation of liberty, probation period of a suspended sentence, they can be replaced by real imprisonment.
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Shpiliarevych, Viktoriia. "Some aspects of the study of international standards in the field of combating domestic violence and its impact on the criminal law policy of Ukraine." Slovo of the National School of Judges of Ukraine, no. 1(34) (July 5, 2021): 140–52. http://dx.doi.org/10.37566/2707-6849-2021-1(34)-12.
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The article states that domestic violence, existing in all spheres of public life, as a result leads into the destruction of family values, violation of human and civil rights and freedoms, makes an irreparable impact on mental and physical health of victims. Therefore, since ancient times it has been a problem of human existence, and, unfortunately, it is to remain relevant nowadays. In modern social developments, counteraction of domestic violence is one of the priorities not only of internal policy of any state, but also an issue of international criminal law policy. In particular, the study of about its extension in different countries proves the international nature of this negative social phenomenon. The fact that counteraction of domestic violence has become a part of Ukraine's domestic policy to create a society free of gender-based violence, was finally affirmed on November 7, 2011, when the Ukrainian state joined the Convention on Preventing and Combating Violence against Women and Domestic Violence adopted by the Council of Europe of May 11, 2011. The most important event in the history of criminal law policy in the field of domestic violence was the adoption on December 6, 2017, of the bills «On Amendments to the Criminal and Criminal Procedure Codes of Ukraine to implement the Council of Europe' Convention on Preventing and Combating Violence against Women and Domestic Violence». As a result, on January 11, 2019, the General and Special parts of the Criminal Code of Ukraine were supplemented with a number of norms related to the scope of counteraction of this negative social phenomenon.
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Przhilenskiy, V. I. "Social Technologies and Principles of Criminal Justice in the Context of its Digitalization." Lex Russica, no. 4 (April 14, 2020): 84–92. http://dx.doi.org/10.17803/17295920.2020.161.4.084-092.
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The paper analyzes the problems that arise in the process of digitalization of criminal proceedings, when its organizers are forced to organize the interaction of social and computer technologies, the joint development and application of which become inevitable in modern conditions. The basic concepts of social technologies theory that were originally developed as a means of organizing human activities, with criminal justice system being only one of them, are interpreted in a new way. The main contexts of application of "social technology" concept, as well as the significance of social technologies in the formulation of principles and achieving the goals of criminal proceedings are studied. The author defines a special type of social technologies, humanitarian technologies in the paper, and analyzes the relevance of this type of technology in the system of principles of criminal procedure. The author substantiates the need to distinguish between the theoretical and technological aspects of compliance with the principles of criminal justice, which allows us to reconstruct the entire system of goal-setting impact on people’s actions and social relations through the development and application of social technologies. The concept of gradual transformation of society through the use of social engineering, put forward by K. Popper, is analyzed in detail. The role of the theoretical distinction between methodological essentialism and methodological nominalism (antirealism) is reconstructed. The ideological and political contextualization of the theory of social technologies, which dominates in modern social science, is subjected to critical analysis. The author examines the ontological assumptions and methodological guidelines proposed by K. Popper for the approval of his socio-technological doctrine. The author identifies and describes the specifics of the use of social technologies in the context of the use of artificial intelligence systems in criminal proceedings. The point about the need to search for the relationship and mutual consistency of the systems of the individual and society in the process of digitalization of criminal proceedings both at the level of principles and at the level of technology is substantiated.
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Stel'mah, Vladimir. "Need to change the design of investigative actions aimed at obtaining information transmitted by means of communication." Vestnik of the St. Petersburg University of the Ministry of Internal Affairs of Russia 2021, no. 1 (April 9, 2021): 146–55. http://dx.doi.org/10.35750/2071-8284-2021-1-146-155.
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Abstract: Relevance of the research topic. The obvious trend of social activity was the digitalization of almost all aspects of people’s lives, which led to a sharp increase in information transmitted in digital (electronic) form. The Criminal Procedure Law provides for investigative actions aimed at obtaining this information for subsequent use in criminal evidence. However, some changes to the law are not quite systemic, are not supported by theoretical studies, which complicates law enforcement practice, forms the prerequisites for violating the uniformity of application of the law, and infringement of the rights of participants in criminal procedure. Problem setting. The constant improvement of the means of communication objectively leads to an expansion of their scope. In response, the legislator designs investigative actions that allow obtaining information transmitted by means of communication. However, some legislative decisions could not be considered optimal. Thus, having fixed in Art. 185 of the Code of Criminal Procedure of the Russian Federation the possibility of obtaining information transmitted by e-mail, the legislator did not take into account that this norm applies only to postal operators. In addition, since 2018, telecommunication operators have been required to record and store the content of all communication sessions served by them. However, these provisions are not taken into account in the criminal procedure law, which establishes another procedure for obtaining information. Research objectives and methods. The purpose of the study is to develop proposals for improving the normative design of investigative actions aimed at obtaining information transmitted by means of communication. The tasks of the study are to analyze the provisions of the Criminal Procedure Law and the legislation on communication, to identify conflicts between them. The methodological basis of the study was the dialectical-materialistic method, as well as the general scientific methods of scientific knowledge: analysis and synthesis, induction and deduction, formal-logical, systemic. Results and key findings. To eliminate the resulting collision, it is necessary to design a universal investigative action that allows you to obtain information transmitted by telecommunication means, both the content of negotiations and the billing parameters of the connection.
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FEDOTOVA, EVGENIYA N. "Current state of practical applying criminal punishment in the form of imprisonment for a certain period in relation to juveniles." Vedomosti (Knowledge) of the Penal System 229, no. 6 (2021): 32–44. http://dx.doi.org/10.51522/2307-0382-2021-229-6-32-44.
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The article analyzes the criminal punishment in the form of imprisonment for a certain period in terms of its application to juveniles. The article considers the criminal, penal and criminological aspects, as well as the correlation of the procedure for applying the specified criminal punishment with the provisions of international standards in the administration of juvenile justice. The subject of the article is the statistical reporting of the Judicial Department at the Supreme Court of the Russian Federation, the Federal Penitentiary Service of Russia, the Ministry of Internal Affairs of Russia, Russian legislation, provisions of international regulatory legal acts, scientific literature on the stated topic. The purpose of the study is to comprehensively analyze punishment in the form of imprisonment for a certain period of time as a type of punishment applied to juveniles, to identify problems in the practice of its appointment and execution in relation to the designated category of persons, as well as to find possible ways of eliminating such problems. The methodological basis of the research was made up of statistical, comparative legal, systemic and structural methods, analysis, synthesis, induction and other general scientific methods. The author has investigated the essence and content of imprisonment, the procedure for its appointment to juveniles, analyzed the data of judicial statistics. On the basis of statistical data of the Federal Penitentiary Service of Russia, the practice of organizing the execution of sentences in the form of imprisonment in relation to underage persons has been studied. A criminological personality study of a juvenile convicted to this type of criminal punishment, held in an educational colony, has been carried out. The main tendencies and peculiarities of appointing imprisonment for juveniles and the practice of its implementation are revealed, the effectiveness of this type of punishment for juveniles is assessed, the existing problems are formulated, and the author's ways of eliminating them are proposed. In conclusion, the author states that, in general, the practice of applying imprisonment to juveniles does not have critical problems and complies with the requirements of international normative legal acts. The main problem is the weak organization of post-penitentiary monitoring of minors who have served their imprisonment sentence. Key words: juvenile, imprisonment, educational colony, juvenile delinquent, juvenile delinquency, re-socialization.
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Cherneha, Andriy P., Zhanna V. Udovenko, Nataliia A. Sergiienko, Nataliia O. Oblovatska, and Alyona O. Dotsenko. "State Guarantees of the Right to Housing for War Veterans: Substantive and Procedural Aspects." Cuestiones Políticas 38, Especial (October 25, 2020): 223–47. http://dx.doi.org/10.46398/cuestpol.38e.15.
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The purpose of the article was to reveal the problematic aspects of the realization of the right to housing by war veterans who participated in counter-terrorism operations / joint operations. I am interested in observing the protection of this right in civil, criminal and executive proceedings based on national and international law. The methodological basis of the study includes general and special methods of scientific research (historical, statistical, formal logic, comparative legal and structural logic). Statistics are given on the number of war veterans (combatants) as of 2019-2020, in the dynamics of providing them a living space in Ukraine during 2015-2020. In addition, the article provides examples of the elimination of conflicts of laws and ambiguous judicial practices of application of civil, family, housing and social law, as well as civil, criminal and executive procedure in the field of exercise of the right to housing by combatants and their families, protection of this right before the courts and execution of decisions in this category of cases. The results of this work can be useful for combatants who need to improve their living conditions, as well as for human rights defenders who help these people.
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MASSALIMKYZY, Meruyert. "The Problem of Correlation Between the Criminal Policy Humanization and the Concept of Justice at Imposing Criminal Penalties in the Republic of Kazakhstan." Journal of Advanced Research in Law and Economics 9, no. 1 (September 22, 2018): 147. http://dx.doi.org/10.14505//jarle.v9.1(31).19.
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The article raises the problem of unjustified humanization of criminal legislation and the practice of imposing a punishment. Imposing a punishment as a legal category has been extensively studied in the works of national and foreign scholars specializing in criminal law. However, despite the importance of this institution both for the convict and for the society as a whole, this penal institution remains one of the most problematic ones. The existing conflict between the current criminal policy humanism and the concept of social justice in criminal legislation, the adequacy of a punishment to the social danger of the offense being a part thereof, makes enormous harm to all law enforcement activities. It also causes negative response in the society, thus reasonably attracting a heightened attention of criminologists and experts in criminal law and procedure. The purpose of this work, as the author sees it, is trying to find feasible solutions to one of the most urgent problems of imposing a punishment. Attention is drawn to the fact that the concept of humanism has two aspects and implies, first of all, the protection of interests of law-abiding citizens. The author considers topical issues concerning the observance of the rights of victims through the solution one of the main tasks of criminal law, namely: to restore social justice by imposing a proportionate criminal punishment. Certain provisions of the theory of criminal punishment, as well as the practice of imposing punishment by the court, are studied here. Insufficient development of norms in the current criminal legislation can create problems in law enforcement, which, in turn, can lead to a significant violation of the victims’ rights. The author makes recommendations that can contribute to the improvement of the penal system consistent with the principle of humanism, considering the interests of the victims.
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Zhetigenova, Kunduz. "On the issue of early parole from serving a sentence in the Kyrgyz Republic." International penitentiary journal 2, no. 3 (December 30, 2020): 176–81. http://dx.doi.org/10.33463/2712-7737.2020.02(1-3).3.176-181.
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The article is devoted to the grounds and conditions for parole from serving a criminal sentence. The article considers the legislative and law enforcement problems that arise when applying the rules governing the procedure for evaluating the behavior of a convicted person during the period of serving a sentence. On January 1, 2019, the new legislation of the Kyrgyz Republic of the criminal law block came into force, which significantly changed the procedure for parole from criminal punishment. At present, it is only possible in relation to persons sentenced to punishments related to isolation from society. In addition, the provision on parole application in relation to additional punishment is excluded from the criminal law. However, the new law eased the situation of a convict for damages compensation, extended the circle of persons entitled to apply for considering the case on parole (abolished in accordance with the rules of parole was possible only after full compensation of the material damage caused by the crime). The legislator also reduced the number of circumstances prohibiting the use of parole from serving a sentence, and showed humanity in relation to certain categories of convicts (the norm on the application of p from serving a sentence in relation to persons sentenced to life imprisonment). The issue of creating a specialized authorized state body that carries out the execution of criminal penalties that are not related to isolation from society, compulsory measures of criminal legal influence, supervision of persons released on parole from correctional institutions, with the performance of social and legal functions of the probation body, was resolved. However, despite all the positive changes, the study allowed the author to conclude that there are actual problems of legal regulation and practical application of the provisions on the conditions and grounds for parole. In particular, the law does not reflect who exactly should act as a person who compensates for damages. In practice, there are often cases when the convicted person did not work, and the damage was paid by relatives. At the same time, the court has no grounds for refusing to apply for parole. In such circumstances, it is doubtful that the goals of the convicted person’s correction have been achieved. In addition, currently the law stipulates the same rules for the application of parole for persons who have committed crimes for the first time, as well as for persons convicted for a set of crimes and a set of sentences.
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Flanagan, R. J., and D. S. Fisher. "Volatile substance abuse and crime: Data from UK press cuttings 1996-2007." Medicine, Science and the Law 48, no. 4 (October 2008): 295–306. http://dx.doi.org/10.1258/rsmmsl.48.4.295.
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Volatile substance abuse (VSA, solvent abuse, ‘glue sniffing’), carries a risk of sudden death (some 700 deaths in the UK, 1996-2006). However, mortality data take no account of the social cost of the habit. From press cuttings we have identified 508 instances (569 individuals: 507 male, median age 25 yr, range 8-51 yr and 62 female, median age 18 yr, range 11-36 yr) where VSA, either alone or together with alcohol/other drugs, was reported in association with criminal or antisocial behaviour that resulted in a criminal conviction or caution. The frequency of reports decreased from 84 per annum (1997 and 1998) to 20 (2007). The agents reported (17 individuals, two agents) were ‘glue’ (225), LPG/‘butane’/aerosol propellants (176), ‘solvents’ (158), and petrol (gasoline) (27). The offences cited (most serious crime) were: homicide (35), rape or other sexual assault (34), arson (25), assault or serious threat of assault (192), child neglect/cruelty (6), attempting to pervert the course of justice (2), criminal damage (41), burglary/robbery/theft/shoplifting (100), nuisance/breach of the peace/breach of antisocial behaviour order (104), driving whilst impaired and other vehicle-related offence (22), and supply (non-retail) (8). Thirty offenders were given life sentences or detained indefinitely under mental health legislation. Reports came from all parts of the UK, although most were from Northern England, Northern Ireland, and Scotland. There were many reports of recidivists; one 34-year-old male had made 113 court appearances, and had spent approximately nine years in custody. Although there are severe limitations to data derived from press cuttings and not-withstanding that in some cases VSA may have been raised in mitigation, these data provide an additional insight into the problem posed by VSA in the UK.
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Kiyko, Nikolay. "Influence of classification of persons sentenced to imprisonment on the achievement of criminal responsibility goals." International penitentiary journal 2, no. 3 (December 30, 2020): 132–38. http://dx.doi.org/10.33463/2712-7737.2020.02(1-3).3.132-138.
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The article is devoted to the issues of classification of persons sentenced to imprisonment. Attention is drawn to the fact that the achievement of criminal responsibility goals largely depends on a clear division of convicts, depending on the criteria established by law, into homogeneous groups with subsequent differentiation and individualization of correctional and educational impact. As a result of the research, the author came to the following conclusions. In order to efficiently and effectively organize the process of correctional influence on convicts, it is rational to divide them into such categories, in relation to which the main means of correction provided for by law (established procedure for execution and serving of sentences, socially useful work, educational work, education of convicted persons, and social impact) could be applied in different volumes and with different degrees of intensity in order to ensure the achievement of the goals of punishment. Thus, differentiated application of correctional measures to convicts is possible only if they are correctly divided into homogeneous groups. Classification of persons sentenced to deprivation of liberty is of great practical importance for organizing the process of their correction and achieving criminal responsibility goals. It provides isolation from each other of various categories of convicts, thereby preventing the possibility of negative influence of more dangerous criminals on less dangerous criminals, and suggests the possibility of strengthening security and supervision, as well as the correctional and educational impact of punishment against dangerous criminals, while reducing the legal restrictions for convicts who do not pose a great public danger.
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Prasetyo, Ratna Azis. "PEDOPHILIA (DITINJAU DARI ASPEK PELAKU, KRIMINALITAS DAN PERLINDUNGAN ANAK)." Jurnal Harkat : Media Komunikasi Gender 14, no. 2 (October 7, 2019): 121–28. http://dx.doi.org/10.15408/harkat.v14i2.12814.
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Abstract. This article aims to explain the concept of pedophilia in terms of the perpetrators, criminality and child protection aspects. During this time children who are victims of pedophiliac suffer prolonged psychological injuries and even lead to death. Meanwhile, the legal settlement is not yet comparable to the injuries suffered by the victims and light punishment tends to make the sexual violence repeated. One of the light sentences for pedophiliacs is that the criminal law in this country has not specifically regulated criminal offenses and on the other hand, the concept of pedophilia is still considered as a mental disorder. Therefore, in handling it is not enough to rely on a legal approach, more than that the handling orientation needs to be directed at child protection. This is done by taking preventive measures such as fostering social sensitivity of the community, optimizing the role of social agents such as local social and institutional organizations and instilling early sex education in children. Abstrak. Artikel ini bertujuan untuk menjelaskan konsep pedophilia ditinjau dari aspek pelaku, kriminalitas dan perlindungan anak. Selama ini anak-anak yang menjadi korban para pedophiliac mengalami luka psikologis berkepanjangan dan bahkan berujung kematian. Sementara itu, penyelesaian secara hukum dirasa belum sebanding dengan luka yang dialami korban dan hukuman yang ringan cenderung membuat tindakan kekerasan seksual tersebut terulang. Hukuman yang ringan bagi para pedophiliac ini salah satunya karena hukum pidana di negara ini belum mengatur secara khusus dalam delik pidana dan disisi lain, konsep pedophilia ini masih dianggap sebagai salah satu gangguan mental. Oleh sebab itu, dalam penanganannya tidak cukup dengan mengandalkan pendekatan hukum, lebih dari itu orientasi penanganan perlu diarahkan pada perlindungan anak. Caranya dengan melakukan upaya-upaya preventif seperti menumbuhkan kepekaan sosial masyarakat, mengoptimalkan peran agen-agen sosial seperti organisasi kemasyarakatan dan kelembagaan lokal dan menanamkan pendidikan seks usia dini pada anak-anak.
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Stelmakh, V. V. "STATE ACCUSER’S WAIVER OF PROSECUTION." Vektor nauki Tol’attinskogo gosudarstvennogo universiteta. Seria Uridicheskie nauki, no. 1 (2021): 57–62. http://dx.doi.org/10.18323/2220-7457-2021-1-57-62.
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The current Russian criminal procedural law provides the possibility of the state accuser’s waiver to handle the prosecution, which entails a mandatory cessation of criminal proceedings. However, some procedural aspects of the refusal to hold the charge are not fully regulated, which causes difficulties in law enforcement practice. The paper briefly analyses the legality of introducing compromise principles into criminal proceedings since the refusal to prosecute is often interpreted as a particular case of compromise. The author argues that concord is suitable for activity based on dispositivity and particular principles (civil proceedings), though cannot be a driving force of criminal proceedings of the public legal nature aimed at achieving the truth about the circumstances of a crime committed. The paper considers the possibility, within the framework of the current legislation, to prevent an unreasonable decision of the refusal to hold the charge. The author analyzes the ability of a victim to refer to the superior public procurator as well as to implement the criminal prosecution independently. The paper states that the current law in terms of the regulation of waiver of prosecution does not fully correspond to the purpose and social orientation of criminal proceedings. In this regard, the author analyzes the by-laws of the General Procurator of the Russian Federation arranging this procedure and providing for the necessity for prior consent of a procurator who approved the indictment. The paper concludes that the law needs to be adjusted to optimize the regulation of the waiver of prosecution and formulates concrete proposals.
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Sugiarto, Agus. "PIDANA PEMISKINAN KORUPTOR PADA TINDAK PIDANA KORUPSI BERDASARKAN UNDANG-UNDANG PEMBERANTASAN TINDAK PIDANA KORUPSI." Yustitia 6, no. 1 (April 15, 2020): 68–78. http://dx.doi.org/10.31943/yustitia.v6i1.102.
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Corruption is a large and interesting problem as a legal matter concerning complicated crime types. It contains multiple aspects of economic relations, politics, social, and culture. Various efforts to eradicate corruption have been done. However, in terms of quantity and quality of the perpetrators the corruption is still increasing. It is necessary to prevent and reduce the occurrence of corruption cases. One of the discourses to tackle corruption in Indonesia is the impoverishment of corruptors. The research objective is to analyze the problems that have been formulated. The research method used is normative juridical with qualitative analysis. The results of the research and discussion of the thesis states that 1) the regulation of impoverishment of criminals against corruptors as one of the alternative sentences in corruption in Indonesia has not been explicitly regulated in legislation to eradicate corruption; 2) the obstacles faced in the application of criminal impoverishment or payment of compensation money for state financial losses of corruptors is difficult. It is difficult to find wealth owned by corruptors, either because it is hidden by means of naming other names, or indeed the convicted of corruption does not have any wealth.
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Lenkov, S. L., N. E. Rubtsova, and B. V. Alexandrov. "Scale of Convicts ' Attitude To Work." Psychology and Law 10, no. 2 (2020): 223–39. http://dx.doi.org/10.17759/psylaw.2020100217.
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The article presents the results of the development of a new psychodiagnostic method "Scale of convicts ' attitude to work (SHOT)", which combines the potential of all three: personal questionnaire, projective test, biographical method. The scale allows to get an integral assessment of the convict's attitude to work in a continuum with the poles "constructive – destructive" and includes three subscales (positive experience of work and employment, education and qualifications, perception of work and education as social values), which reflect qualitatively specific aspects of the attitude to work. The psychometric test was conducted on a sample of 195 male convicts, age 19 to 60 years old, with sentences ranging from 8 months to 24 years, who have a first criminal record (27%) and repeat offenders (73%). The criteria and design validity of the method is proved. Internal consistency reliability (Cronbach's alpha) for the scale as a whole and its subscale ranges from 0.71 to 0.86, and retest reliability ranges from 0.69 to 0.81. The practicability of applying the method in scientific research and in the practice of psychological and psychological-pedagogical work with convicts is proved.
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Vedernikov, Nikolay T., and Vladimir L. Yuan. "Prospects for Using a Typological Approach in the Theory and Practice of Personality Modeling: Forensic and Criminal Procedural Aspects." Vestnik Tomskogo gosudarstvennogo universiteta, no. 460 (2020): 234–38. http://dx.doi.org/10.17223/15617793/460/28.
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The article reveals a complex of problems of using the method of biographical analysis in studies of the personality of the accused. The range of problems involves criminal, criminal procedure, tactical and criminalistic aspects. The object of the research was the prospects for using the typological approach in the theory and practice of forensic modeling of personality. The study is based on the following general scientific methods: analysis, synthesis, system-structural. The study also employs the following specific scientific methods: biographical analysis, statistical analysis, expert assessment. The following conclusions are made in the article. The accentuated type is determined primarily genetically, the accused acquires it from birth. The type determines the form of adaptation in the environment and in society. The biological parameters of the personality of the accused are closely related to the character accentuation. The latter best manifests itself at the stage of direct investigative actions, including their repeated conduct, and determines the effectiveness of methods of psychological influence. The stratum the accused belongs to is determined by society: growing up, the accused socializes and gains access to certain social clusters, which in total characterize the stratum and determine the social connections and personal potential of the accused. The social characteristics of the personality of the accused are closely related to the social stratum the accused belongs to. The stratum best manifests itself at the preparatory stages of investigative actions and determines the range of sources of information about the accused. The psychological attitude is due to adaptation in the process of growing up; it is closely related to the mechanisms of mental defense and is a source of motivation for all actions, decisions and choices throughout life. Individual psychological personality traits are closely related to the psychological attitude and mechanisms of mental defense. They best manifest themselves at the initial stage of the investigative action and determine the specifics of establishing psychological contact during the first interrogation. Despite the fact that the division of all biographical information about the personality of the accused is rather conditional and the use of three typologies at the level of the model of the personality of the accused is equally conditional, the use of at least this number of typologies seems reasonable at the initial stage of research at this level.
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Anastasiyeva, V. "DISMISSAL AS A MEASURE TO ENSURE CRIMINAL PROCEEDINGS." Scientific notes Series Law 1, no. 10 (July 2021): 104–9. http://dx.doi.org/10.36550/2522-9230-2021-10-104-109.
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The article considers the legal grounds and procedure for removal from office in criminal proceedings, analyzes the range of procedural problems that arise in the implementation of the investigated measure. As a result, it was established that removal from office in criminal proceedings belongs to the measures to ensure criminal proceedings. Important aspects that require consideration are the grounds for dismissal, as well as the appropriate procedural procedure for the implementation of the measure under investigation. The study reveals the need for further study and detailed legal regulation of such a measure of criminal proceedings as removal from office, given the underdevelopment of its effectiveness and significance by the pre-trial investigation authorities. The main task of the current CPC of Ukraine is to respect and protect the rights and legitimate interests of persons involved in criminal proceedings, to ensure the legality and reasonableness of restrictions on constitutional human rights and freedoms at the pre-trial stages of criminal proceedings. Measures to ensure criminal proceedings are directly related to the restriction of human rights. This institute is given considerable attention both at the legislative level - within the CPC of Ukraine provides for a separate year II, and in the practical implementation of its provisions - the implementation of specific criminal proceedings. Modern criminal procedural legislation of Ukraine, enshrining a new system of coercive measures, proposed a humanistic approach to the restriction of labor rights of the individual and established preliminary judicial supervision over the legality and justification of temporary removal from office of a suspect or accused. In the system of measures of criminal procedural coercion, removal from office occupies a special place due to the high probability of creating social difficulties for a suspect or accused person who loses his job, position and position in society, receiving a statutory level of material support from the state. Therefore, there are problems of unclear legal regulation of removal from office, the practice of applying this measure to ensure criminal proceedings has not been properly formed, which has led to a decrease in the number of satisfied requests of the prosecution. The following problems can be argued: first, the lack of justification for the need to restrict the labor rights of citizens, second, the growing role of legal guarantees to protect the rights of citizens in restricting their constitutional rights, and third, the lack of a clear list of grounds for dismissal. , the content of this measure to ensure criminal proceedings and legal regulation of the legal consequences of removal from office.
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Pashin, Sergey A., and Nikita V. Bushtets. "Compiling a jury in Russia in the context of digitalization." RUDN Journal of Law 25, no. 2 (December 15, 2021): 620–33. http://dx.doi.org/10.22363/2313-2337-2021-25-2-620-633.
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The purpose of this study is to conduct a comprehensive analysis of the legislation governing social relations that develop in the process of compiling a jury when considering criminal cases with a jury trial. The relevance of the research topic is determined by the expansion of the jurors competence from June 1, 2018. Currently, one of the main reasons for revocation of court sentences passed with the participation of a jury is violations committed during formation of a jury. In this regard, the authors highlight the main procedural and organizational shortcomings of this process and make relevant suggestions: a) to improve the legislation governing the procedure for compiling a jury; b) to compile general and reserve lists based on information included in the Unified Federal Information Register; c) to perform video recording of the process [screen broadcasting] of a random selection of citizens from the general and reserve lists by a court staff member when compiling a preliminary list of jurors; d) to stipulate the right of citizens to defer the obligation to appear in court as a candidate for jurors to a later date; e) to apply new forms of sending invitations to appear in court to potential jurors.
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Meringolo, Patrizia. "Juvenile Justice System in Italy. Research and interventions." Universitas Psychologica 11, no. 4 (July 12, 2012): 1092. http://dx.doi.org/10.11144/javeriana.upsy11-4.jjsi.
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This paper talks about the juvenile justice system in Italy. The author describes the interventions done with minors, boys and girls aged from 14 until 18 years, who have committed offenses of the civil or penal code, by the New Code of Criminal Procedure for Minors (1988). The Procedures have had some positive psychological aspects, aimed to avoid detention, thanks to alternative measures and strategies for inclusion, including also the minors living in the South, that are often involved in mafia-crimes. Nonetheless there are more negative psychological issues, because alternative punishments are not often applied to minors that lack social networks, particularly to foreign ones. Three examples of participatory researches will be shown, promoted by the Municipality of Florence, Department of Psychology and Third Sector Associations, aimed to promote psychological and social inclusion of minors (particularly those coming from abroad), with the commitment of active citizenship organizations, with an evaluation of their strengths and weaknesses.
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Kabaiev, Vitalii. "Features of objective signs of crimes committed by officials who hold a particularly responsible position." Law Review of Kyiv University of Law, no. 2 (August 10, 2020): 404–9. http://dx.doi.org/10.36695/2219-5521.2.2020.79.
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The article analyzes the features of the objective features of crimes committed by officials who occupy a particularly responsibleposition. It has been established that the correct qualification of criminal offenses committed by officials who hold a particularly responsibleposition is a mandatory and important aspect in the formation of Ukraine as a democratic and legal state. Therefore, determiningthe characteristics of the objective features of these crimes, in the end, comes down to determining the characteristics of the object andthe objective side of each of these crimes. Thus, the objects of crimes under Part 4 of Article 368 and Part 4 of Article 369 of the Cri -minal Code of Ukraine are closely intertwined, because they are all united by a single generic object – social relations arising in the fieldof official activity and professional activities related to the provision of public services. In these corpus delicti, the direct object can beconsidered the actual social relations that arise when an official who holds a particularly responsible position commits or does not commita certain action using the power or official position granted to him. The third corpus delicti committed by an official who holds aparticularly responsible position is provided for in Part 3 of Article 382 of the Criminal Code of Ukraine. The generic object of this crimeis public relations in the field of justice, and direct – public relations arising from the need for mandatory execution of sentences, decisions,rulings, court decisions that have entered into force, an official who holds a particularly responsible position. It is also possible todivide into two groups the objective side of crimes committed by officials who hold a particularly responsible position. The first groupconsists of the objective aspects of crimes committed by officials who hold a particularly responsible position in the field of officialactivities and professional activities related to the provision of public services – these are all acts related to the acceptance of an offer,promise or receipt illicit gain, as well as illicit enrichment. The second group consists of alternative acts provided for in Article 382 ofthe Criminal Code of Ukraine, provided that they are committed by officials who hold a particularly responsible position.
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Kasim, Ramdan. "Dehumanisasi Pada Penerapan Hukum Pidana Secara Berlebihan (Overspanning van het Straftrecht)." Jambura Law Review 2, no. 1 (January 8, 2020): 1–29. http://dx.doi.org/10.33756/jalrev.v2i1.2402.
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ABSTRAKJika melihat kecenderungan proses penerapan pemidanaan di Indonesia, maka dapat kita lihat bahwasanya banyak proses pemidanaan yang diterapkan secara berlebihan. Tentunya hal ini menyebapkan adanya over ciminalization pada penerapan pemidanaan yang tentu saja hal ini menyebapkan adanya ketidak harmonisan dalam penerapan hukum pidana yang mana meniadakan rasa kemanusiaan yang berujung pada banyak gejala dehumanisasi yang terjadi. Pada penelitian ini mengunakan jenis jenis penelitian hukum normative dengan mengunakan pendekatan Pendekatan Perundang-Undangan (Statue Approach), Pendekatan konseptual (Conseptual Approach), dan pendekatan kasus (case Approach). Penelitian ini bertjuan untuk mengetahui Bagaimana penerapan hukum pidana yang ada di Indonesia saat ini dan Bagaimana Prospektif hukum pidana dan pemidanaan yang ada di Indonesia?. Hasil penelitian ini menunjukkan Bahwa penerapan hukum pemidanaan di Indonesia saat ini, masih meninggalkan beberapa catatan penting antara lain; banyak Terjadinya Over Criminalization dan banyaknya terjadi Dekonstruksi Pidana dan Pemidanaan di Indonesia dimana dekonstruksi itu antara lain; Pertama, Terjadinya Over Kapasitas Lapas dan Rutan, kedua, Pengaturan Hukuman Mati yang Sangat Massif; ketiga, Kebijakan Hukum Yang Over Pada Penghinaan Di Media Sosial; keempat, Dalam Penyidikan Kriminal Penyidik Mencari Bukti Dengan Kejahatan (penyiksaaan); kelima, Inkonsistensi Hak Atas Perkara Cuma-Cuma (prodeo). Bahwa Prospektif Pembaharuan Hukum Pidana dan Pemidanaan Yang Ada di Indonesia harus didasarkan pada beberapa hal, antara lain: Pedekatan Restorative Justice dalam Penerapan Pemidanaan; Pendekatan Ultimum remedium dalam penerapan pemidanaan; Reformasi Kelembagaan Lembaga Penegak Hukum; dan Revisi Kitab Undang-Undang Hukum Pidana (KUHP) dan Kitab Undang-Undang Hukum Acara Pidana (KUHAP). Kata Kunci: Dehumanisasi, Over Criminalization, Restorative Justice, Ultimum remediumABSTRACTIf we look at the trend of the process of implementing criminal punishment in Indonesia, we can see that many criminal proceedings are over-applied. Of course this implies over ciminalization in the application of punishment, which of course imposes a disharmony in the application of criminal law which negates the sense of humanity which leads to many symptoms of dehumanization that occur. In this study using the type of normative legal research using the approach of legislation approach (Statue Approach), conceptual approach (Conseptual Approach), and case approach (case approach). This research aims to find out how the application of criminal law in Indonesia today and How is the prospect of criminal law and punishment in Indonesia ?. The results of this study indicate that the current application of the criminal law in Indonesia still leaves some important notes, among others; there is a lot of Over Criminalization and many cases of Criminal Deconstruction and Criminalization in Indonesia where deconstruction is among others; First, the occurrence of over-capacity of prisons and detention centers, second, the regulation of extremely mass death sentences; third, the Legal Policy Over Over Insulting on Social Media; fourth, In Criminal Investigations Investigators Seek Evidence With Crime (torture); fifth, the Inconsistency of the Right to Free Cases (prodeo). That the Prospective Criminal Law and Penalty Existing in Indonesia must be based on several things, including: Restorative Justice Approach in the Application of Penalty; Ultimum remedium approach in the application of punishment; Institutional Reform of Law Enforcement Agencies; and Revision of the Criminal Code (KUHP) and the Criminal Procedure Code (KUHAP). Keywords: Dehumanization, Over Criminalization, Restorative Justice, Ultimum remedium
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Kovalev, Artem Aleksandrovich. "Participation of the prosecutor in consideration of civil cases by the courts of appeal." Право и политика, no. 4 (April 2021): 1–9. http://dx.doi.org/10.7256/2454-0706.2021.4.35399.
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The object of this research is the social relations that emerge in the context of participation of the prosecutor in consideration of civil cases by the courts of appeal, as well as the problematic aspects of the exercise of his powers in consideration of such cases. The author analyzes the essence of prosecutor's participation in consideration of civil cases by the courts of appeal, and the possibility of attributing such participation to one of the forms of prosecutor’s participation in consideration of civil cases by the courts. The subject of this research is the case law materials, legislative norms that regulate the indicated social relations, as well as the developed positions pertaining to the essence and separate aspects of the prosecutor's participation in consideration of civil cases by the courts of appeal. The prosecutor’s participation in the appellate instance has traditionally been the subject of research among legal scholars; this is associated to the specifics of this institution, that incorporates the elements of consideration of cases by the courts of first instance and their revision, which, in turn, generates discussions on the composition and procedure for the exercise of powers of the prosecutor participating in the appellate instance. At the same time, such research mostly dealt with participation of the prosecutor in consideration of criminal cases by the courts of appeal, while the problematic aspects of prosecutor’s participation in consideration of civil cases by the courts of appeal remained virtually unstudied, which defines the novelty of this work. The author formulates recommendations on the amendments to the current legislation on the forms of prosecutor’s participation in consideration of civil cases by the courts and the procedure for participation in consideration of civil cases by the courts of appeal, the implementation of which would allow the prosecutor’s office to achieve the goal of protection of citizens’ rights and optimization of consideration of civil cases by the courts of appeal.
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Kozmuliak, Kateryna. "Some aspects of the realization of the public’s right to participate in strategic environmental assessment." Law Review of Kyiv University of Law, no. 1 (April 15, 2020): 259–63. http://dx.doi.org/10.36695/2219-5521.1.2020.52.
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The aim of this article is to analyse the current state of legal regulation of public participation in the strategic environmental assessment (hereinafter – SEA) procedure, to study the mechanism for exercising this right and to identify its possible shortcomings.
The article concludes that there are some problems that do not properly exercise the public’s right to participate in SEA. They are the follows: 1) the procedure of public discussion during the SEA needs to be improved in terms of informing the public; 2) the mechanism of guaranteeing and protecting the right to participate in SEA is imperfect and does not provide adequate protection in the event of a violation of this right.
On author’s opinion the list of mandatory measures, defined in the SEA legislation of Ukraine, does not fully ensure the effective informing of the public and involving it in the discussion of state planning documents. The information that really aims to engage the general public should include not only print media but also a broad social media campaign, engaging journalists in radio and television coverage. However, there is a risk that detailed regulation at the legal level of ways of informing the public in this area would lead to unjustified costs of SEA customer’s budgets.
Particular attentionin the article is paid to the study of ways of protecting the rights of the public in case of improper informing or neglect of public comments during the SEA. It is concluded that ways of protection of the investigated right may be the next: to challenge the decisions, actions or omissions of participants of the SEA process and to bring to justice for the violation of the requirements of the SEA legislation. However, The SEA Act makes no mention of such mechanisms. The Code of Administrative Offenses and the Criminal Code of Ukraine also do not contain the relevant types of offenses. The author considers this situation unacceptable and proposes to supplement the Code of Ukraine of Administrative Offenses with the relevant offenses in the field of SEA.
The article concludes that mediation is an important mechanism for resolving conflicts that may arise in the conduct of SEA. This procedure may be applied at any stage of SEA. If it is obvious that conflict will not be avoided, mediation should be applied as soon as possible. At the same time, its terms should not be too long, so as not to paralyze the development of draft state planning document.
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Siryakov, A. N. "Classifcation of Persons Sentenced to Imprisonment in Spain." Lex Russica, no. 5 (May 20, 2020): 148–56. http://dx.doi.org/10.17803/1729-5920.2020.162.5.148-156.
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The paper is devoted to the legal regulation of the initial and subsequent assignment of the first, second, third or individual degrees to convicts held in Spanish prisons. The concept and tasks of the penitentiary classification are formulated, its procedure, criteria, and exceptions to the rules are revealed. The distribution of convicts by degree has a legal consequence. It consists in sending convicts to penitentiary institutions (departments) of a certain regime with appropriate conditions for serving their sentences. The subjects involved in the procedure for awarding a degree or revising a degree (progress or regression) are the penitentiary institutions and their governing bodies, and in relation to the qualification to the third (mildest) degree, the penitentiary supervision court. Attention is given to the most important principle of the Spanish penitentiary system — the scientific individualization of punishment. In its purest form, it means that the assignment of a degree to a convicted person is not tied to the real term of serving the sentence, the type of crime, or its nature, but is determined solely by personal data and an individual correction program. However, at present, the initial classification and revision of the degree depend not only on these factors, but also on the criminal law, criminological and penal data. A special feature is also the possibility of awarding an individual degree, which combines the characteristics of various degrees and is an example of flexibility in the process of achieving the main goal of penitentiary activities — re- education and social reintegration of prisoners sentenced to imprisonment. In Russian penal enforcement legislation, classification techniques are also used in the distribution of convicts, when the court appoints the type of correctional institution, and the administration of the institution changes the conditions of detention and makes a request to change the type of institution. In the latter two cases, it is quite possible to improve domestic legislation by establishing criteria and a classification system based on correction and treatment of the main means of correction.
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ΑΝΑΣΤΑΣΟΠΟΥΛΟΣ, ΑΝΤΩΝΗΣ, and ΕΛΕΝΗ ΓΚΑΡΑ. "ΟΘΩΜΑΝΙΚΕΣ ΑΝΤΙΛΗΨΕΙΣ ΠΕΡΙ ΕΓΚΛΗΜΑΤΟΣ ΚΑΙ ΤΙΜΩΡΙΑΣ." Μνήμων 21 (January 1, 1999): 37. http://dx.doi.org/10.12681/mnimon.728.
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<p>Antonis Anastasopoulos - Eleni Gara, Ottoman perceptions of crime andpunishment</p><p>The present essay deals with aspects of Ottoman justice and consists offour parts. Part I (Law transgression and court) discusses the prerequisitesfor a case to come up for hearing at the Ottoman sheriat court. Aseventeenth-century litigation from the town of Veria (Karaferye) servesas a model in order to define criminal behaviour and to demonstratehow private differences acquire both a public and legal meaning whenbrought to court. Part II (Proving an accusation) is focused on the issuesof evidence and testimony as a vital part of the legal procedure, usingas example an eighteenth-century litigation from Istanbul. Part III(Sentence and settlement) deals with the issues of the sentences that the kadi passed, and of out-of-court settlements as an alternative legalinstitution, which was recognized and respected by the Ottoman judges.Part IV (Authority abuse as a crime) treats justice as protection of thereaya from the abuses of the askeri in the context of the official stateideology. Stress is put on the use of formulas in documents. Those formeda code that allowed both the subjects of the empire and its authoritiesto enter a variety of illegal acts under the easily recognizable headlineof «oppression» and to treat them accordingly.The basic idea that permeates the article is that Ottoman justicewas dispensed on the basis of fixed principles and procedures, and thatit is incorrect to treat the kadi as an arbitrary judge who adjudicatedat whim. These principles and procedures, though originating to a greatextent in the Islamic holy law, can be considered as Ottoman in thesense that they were redefined and given a new meaning within theEmpire's legal framework. Lastly, throughout the article special emphasisis put on the use of records of litigations, especially kadi sicilleriand ahkâm defterleri, as a means of reconstructing the Ottoman systemof dispensation of justice and of establishing the degree of its conformityto and deviation from the Islamic sheriat.</p>
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Tsarkova, O., and H. Warina. "PSYCHOLOGICAL DETERMINANTS OF RE-SOCIALIZATION OF CONVICTS, AS ONE OF THE IMPORTANT DIRECTIONS OF RECURRENT CRIME PREVENTION." Bulletin of Taras Shevchenko National University of Kyiv. Series “Psychology”, no. 2 (9) (2018): 87–90. http://dx.doi.org/10.17721/bsp.2018.2(9).22.
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The article is devoted to the analysis of the determinants of the successful establishment and functioning of the system of re-socialization of convicts. The relevance of this problem is determined by the contradiction between the need to return prisoners to a full life in society, the need to reproduce their family interaction skills, and the insufficient theoretical, methodological and methodical elaboration of this problem. The goal is to determine the features of resocialization and disclosure of the content and essence of adaptive family relations of convicts as a factor in the prevention of recidivism in modern scientific, theoretical and practical conditions of activity and functioning of the social and legal state. It has been determined that one of the most important aspects of the return of persons serving a sentence to a full-fledged life in society is the reproduction of their skills of adaptive social interaction, including adequate family behavior, correction of permanent and rigid role and behavioral stereotypes. The family relationship of the convicted person is considered as one of the reasons for his criminal behavior and the object of early prevention of unlawful behavior. Among the features of the family relations of convicts, the following characteristic is singled out: a significant weakening of their positive ties in society. The study led to the conclusion that the restoration of socially useful relations and the formation of adaptive family behavior, the legal status of the released without the provision of effective assistance is impossible. The resocialization of persons released from places of deprivation of liberty involves the active management of this process by penitentiary institutions and state bodies, the elimination or neutralization of negative factors that impede the return of persons who have served their sentences to socially useful activities. A comprehensive approach to the process of resocialization and to the study of this socio-legal category in modern conditions of humanization and democratization of society is needed.
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Shirshov, Boris. "Features of criminalistic tactics in the system of scientific knowledge and its relationship with other units of criminalistics." Vestnik of the St. Petersburg University of the Ministry of Internal Affairs of Russia 2020, no. 3 (October 2, 2020): 179–84. http://dx.doi.org/10.35750/2071-8284-2020-3-179-184.
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The topicality of the research problem. Criminalistic tactics to be a system of special scientific statements is designed to optimize investigative activity related to applying means and methods of crime investigation. At the present stage among many theoretical and methodological issues concerning both criminalistics and its units, the question of the concept and content of criminalistic tactics in the system of scientific knowledge is said to be relevant. The research problem definition. The presented structure and the basis of the concept of criminalistic tactics as recommendations limits its subject sphere and does not take into account its close relationship with other units of criminalistics. The research aim. To determine correctly the role and place of criminalistic tactics in the system of scientific knowledge it is necessary to consider in detail the relationship of the latter with its other units, including other interdisciplinary social sciences. The research methods. The research methodology is delivered by analytical methods, empirical methods of comparison, description and interpretation, methods of analysis and synthesis, methods of induction and deduction. The key conclusions and recommendations. Criminalistic tactics includes general recommendations of the crime to be investigated; its statements are not related to the details of a particular illegal action. However, the statements and methods of criminalistic tactics are closely connected with other units of criminalistics and other sciences, such as Criminal Law, Criminal Procedure Law, etc. This relationship is not of one-side character as the statements of one unit influence development of the statements of other scientific knowledge. Thus, at present the issue of expanding the subject area and the possibilities of criminalistic tactics is of great importance, taking into account its general principles, influence of individual scientific theories of criminalistics and the main aspects of the close relationship of the latter with other sciences.
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Professor, Zorica Saltirovska, and Sunchica Dimitrijoska Professor. "Legal and Institutional Functionality in the Protection of Women – Victims of Domestic Violence in the Republic of Macedonia – Present Situation and Future Perspectives." European Journal of Social Sciences Education and Research 10, no. 2 (May 19, 2017): 131. http://dx.doi.org/10.26417/ejser.v10i2.p131-139.
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Gender-based violence is a form of discrimination that prevents women from enjoying the rights and liberties on an equal level with men. Inevitably, domestic violence shows the same trend of victimizing women to such a degree that the term “domestic violence” is increasingly becoming synonymous with “violence against women”. The Istanbul Convention defines domestic violence as "gender-based violence against women", or in other words "violence that is directed against a woman because she is a woman or that affects women disproportionately." The situation is similar in the Republic of Macedonia, where women are predominantly victims of domestic violence. However, the Macedonian legal framework does not define domestic violence as gender-based violence, and thus it does not define it as a specific form of discrimination against women. The national legislation stipulates that victims are to be protected in both a criminal and a civil procedure, and the Law on Prevention and Protection from Domestic Violence determines the actions of the institutions and civil organizations in the prevention of domestic violence and the protection of victims. The system for protection of victims of domestic violence closely supports the Law on Social Protection and the Law on Free Legal Aid, both of which include provisions on additional assistance for women victims of domestic violence. However, the existing legislation has multiple deficiencies and does not allow for a greater efficacy in implementing the prescribed measures for the protection of victims of domestic violence. For this reason, as well as due to the inconsistent implementation of legal solutions of this particular issue, the civil sector is constantly expressing their concern about the increasingly wider spread of domestic violence against women and about the protection capabilities at their disposal. The lack of recognition of all forms of gender-based violence, the trivial number of criminal sentences against persons who perform acts of domestic violence, the insufficient support offered to victims – including victim shelters, legal assistance, and counseling, and the lack of systematic databases on domestic violence cases on a national level, are a mere few of the many issues clearly pointing to the inevitable conclusion that the protection of women-victims of domestic violence is inadequate. Hence, the functionality and efficiency of both the existing legislation and the institutions in charge of protection and support of women – victims of domestic violence is being questioned, which is also the subject for analysis in this paper.
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Milosavljevic-Djukic, Ivana, Bojana Tankosic, Jara Petkovic, and Marija Markovic. "Units for the protection of child victims and witnesses in the criminal proceedings: Domestic legislation and practice." Temida 20, no. 1 (2017): 45–64. http://dx.doi.org/10.2298/tem1701045d.
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Republic of Serbia has invested maximum efforts in adjusting national legislation with the international legal framework, as well in fulfilling its obligations foreseen in relevant international documents, including the Child Rights Convention. The purpose of this paper is to present Units for the Protection of Child Victims and Witnesses in the Criminal Proceedings that were developed within the IPA project ?Improvement of Children's Right through the System of Justice and Social Protection in Serbia?, funded by the EU, and implemented by the UNCEF in cooperation with the Ministry of Justice and Ministry of Labour, Employment, Veteran and Social Policy of the Republic of Serbia. The project was implemented from August 2014 to March 2017. The purpose of the Units is to ensure the best interest of children in situation when a child is identified as a victim or a witness of a crime and appears in the criminal or other court procedure. In this way, the state protects children who are important and infallible part of judicial proceedings from secondary victimization and traumatisation, given that the processes within institutions inevitably reflect on mental state of a child. Units were established in four cities: Belgrade, Nis, Novi Sad, and Kragujevac, and they operate at the regional level. This enables that all children, even those in rural areas, will be provided with adequate assistance and support during preparations for the hearing, during criminal proceedings, as well as in its aftermath. The role of the Units is multiple: along with the support to children, it also includes support to the judiciary agencies since the hearing may be performed with a help of professional personnel, psychologist, pedagogue or social worker. Since the members of the Units are trained for conducting forensic interviews according to the Protocol of the National Institute of Child Health and Human Development, their involvement by the judiciary becomes even more frequent. They try to avoid possible harmful effects of proceedings on children's health, their personality, growth and development. This paper particularly focuses on the legal position and protection of children as suggested by the international legal framework, and relevant legislation in Serbia, which present the basis for establishing the Units. Additionally, the paper pays special attention to psychological aspects of children's development and their position in the judicial proceedings. The so far results of the Units? work has shown that 103 children have been given support in judicial proceedings, 23 children have been given the status of a particularly vulnerable witness, 108 info-sessions have been organized for professionals in judiciary and the social welfare system in order to introduce the Units and enable them to use services that Units provide. The results also suggest that predictability reduces the feeling of uncertainty and contributes to strengthening children's trust in the judicial proceedings. However, this is only the beginning. A lot of efforts and work needs to be done in order to use the full potential of the Units. In this respect it is relevant to make a shift from project financing to the State funding.
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Sverba, Yurii. "The role of free legal aid in the mechanism of access to justice." Law Review of Kyiv University of Law, no. 2 (August 10, 2020): 83–86. http://dx.doi.org/10.36695/2219-5521.2.2020.14.
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The article is dedicated to the analysis of Ukraine’s international obligations in the sphere of access to justice and, in particular,to legal aid.The case law of the European Court of Human Rights in the civil and criminal aspects relating to the criteria for the effectivenessof legal aid is reviewed, as well as the cases where such assistance should be provided free of charge by the state. Article 6 § 1 doesnot imply that the State must provide free legal aid for every dispute relating to a «civil right». There is a clear distinction betweenArticle 6 § 3 (c) – which guarantees the right to free legal aid in criminal proceedings subject to certain conditions – and Article 6 § 1,which makes no reference to legal aid. However, the Convention is intended to safeguard rights which are practical and effective, inparticular the right of access to a court.The national legislation governing the procedure for providing free legal aid is analyzed. The categories of persons eligible tofree secondary legal aid and the categories of cases in which such aid is provided are considered. As of today, there are 17 categoriesof persons eligible to free secondary legal aid. The Law lacks a single criterion for determining a person’s social vulnerability andprovides for a wide range of life circumstances that create the prerequisites for a person to obtain free secondary legal aid under thefollowing criteria: property, age, social status and case category.The institutional and regulatory development of the national legal aid system is described. Key directions for the development ofthe national legal aid system are outlined: improving the quality of the provision of free secondary legal aid and protecting the systemfrom political influence.The role and place of non-governmental organizations providing free legal aid in creating real access to justice was alsoexamined. As an example, the The Ukrainian Helsinki Human Rights Union promotes the development of humane society based onrespect to human life, dignity and harmonious relations between a person, state and nature through creation of a platform forcooperation between the members of the Union and other members of the human rights movement.It is stated that the interaction of the state legal aid system and non-governmental human rights organizations creates real accessto justice, and specifically to the European Court of Human Rights.
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Kohutych, Ivan. "ON ACTUALIZATION OF THE PHILOSOPHICAL ASPECTS OF THE DEVELOPMENT OF THE GENERAL THEORY AND METHODOLOGY OF CRIMINALISTICS." Criminalistics and Forensics, no. 64 (May 7, 2019): 35–48. http://dx.doi.org/10.33994/kndise.2019.64.01.
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Some aspects of the philosophical ground of forensic science as a world-view basis of its general theory and methodology are specified in the article, as well as certain provisions of the prospects of “Philosophy of criminology” are given. The author supports the idea that this particular form of scientific and forensic cognition is the only possible solution and localization of most of the methodological problems of criminology, without which it risks disappearing as a science. The analysis of literature states that in modern conditions the role of philosophy as a scientific and methodological outlook is inevitably increased. And this, in turn, is the basis of the integration of sciences, the basis for comprehensive research on topical issues of modern practice and cognition. Being a science about the general laws of nature, society and human thinking, philosophy serves as a basis for building a separate scientific methodology, including such a variety as the general theory and methodology of criminology. Here philosophy carries out not only a special ideological function, which criminalistics does not have, but also a function of the philosophical method of cognition. It is also justified to assume that without reference to philosophical categories it would be impossible both the formation of forensic science, and its further improvement in the sense of formulating their own categories, that is, the most general concepts, in which, in general, the quintessence of the content of a separate branch of scientific knowledge is concentrated. According to “The procedure of training applicants of higher education for the degree of doctor of philosophy and doctor of sciences in higher educational establishments (scientific institutions) these applicants in Ukraine will be called “doctors of philosophy”. In addition, the educational – scientific program should include the component which provides for the acquisition of such competence in accordance with the National Qualifications Framework, as “… mastering general scientific (philosophical) competencies aimed at forming a systemic scientific views, professional ethics and general cultural outlook. Therefore, this aspect does not only justify, but inexcusably argues the need for scientific assimilation of philosophical categories by future lawyers, including the highest scientific degree”. One way or another, future lawyers, especially criminologists, must be aware of the reasons that led to the emergence and development of criminology; the factors that determined its methodological foundations and place in the system of scientific knowledge, in particular, in the system of criminal-law sciences; its tasks, social functions, the ways and mechanisms of their realization (in their philosophical comprehension). In addition, the elimination of the so-called in the literature ground of the “idea of crisis” which leads to allegations of the need to change the “forensic paradigm”, the departure from the traditional forensic theory and methodology, could also be possible, to a large extent, due to the philosophical aspect of securing the active and progressive development of criminology, taking into account the preservation and respect of the traditions of forensic science, as well as the criminologists who created it. Key words: general theory, methodology, criminology, philosophy.