Principles Of Criminal Justice Research Articles

Sentencing and Post-Sentence Decisions under Australia’s Counter-Terrorism Laws: Risk-Averse not Risk-Based

Under Australia’s counter-terrorism laws, sentenced offenders face the possibility of continuing detention for rolling three-year periods after serving a term of imprisonment. At both stages of decision-making – sentencing and post-sentence – Australian courts favour punishment, deterrence and community protection over the need to rehabilitate offenders. The need to pre-empt terrorist risks is clear, but these processes lack a sufficient evidence base about recidivism and risk assessment. In this article, I compare, contrast and critically analyse decision-making processes followed by Australian courts when making decisions about imprisonment in terrorism cases. These decisions are made at two different stages: (1) initial sentencing under criminal offences for terrorism, and (2) post-sentence under a Continuing Detention Order (CDO) scheme. Whereas initial sentencing decisions are made under criminal law and impose punishment on offenders, CDOs fall under civil law and are considered non-punitive, even though they extend the initial punishment. Neither stage relies on a strong evidence base to predict future behaviour, and yet assumptions about future risk are given sufficient weight to justify ongoing deprivations of liberty and undermine core principles of criminal justice.

Ways to improve the effectiveness of appeal in pre-trial criminal proceedings

The article is devoted to the study of certain issues which, if resolved, will contribute to the enhancement of the effectiveness of appeal in pre-trial criminal proceedings. It is stated that regulatory gaps and the lack of uniform approaches to the grounds, conditions and procedure for applying the appeal institute do not allow for an effective mechanism of legal protection of violated substantive and procedural human rights. The author determines that formalized approaches to the appeal procedure have a negative impact on the effective achievement of the objectives (purpose) of appeal in pre-trial criminal proceedings. It is emphasized that the appeal against a notice of suspicion has regulatory shortcomings in terms of the lack of substantive and criminal procedural grounds for filing a complaint. At the same time, the author emphasizes that there are no grounds for appealing against the decision to put a person on the wanted list. Among the defects in the procedure for applying the institution of appeal, the author highlights the lack of criteria which determine the rules of jurisdiction for consideration of appeals against decisions, actions or omissions of the prosecution during the pre-trial investigation. The author examines the impact on the effectiveness of appeal of the possibility provided by procedural law to file a complaint against decisions, actions and omissions of the prosecution to the prosecutor. It is noted that within the framework of constitutional rights, it is important to provide for the possibility of appealing against certain decisions of investigating judges which affect fundamental human rights and freedoms. In particular, the author finds that the list of appealable decisions does not include decisions on determining jurisdiction and on conducting a search in urgent cases. At the same time, the author argues that it is necessary to introduce cassation appeal in pre-trial criminal proceedings, since the right to appeal in cassation is a practical implementation of the constitutional principle of criminal justice. The author also substantiates the need to regulate the procedure for pre-trial criminal proceedings during the filing and consideration of a constitutional complaint.

Constitutional presumption of innocence and the institution of release from criminal liability: correlation issues

The purpose of the article is to determine, taking into account the results of the analysis of the current legislation of Ukraine and the provisions of the doctrine of criminal law, the issues of correlation and ensuring the compliance of the institution of release from criminal liability with the constitutional presumption of innocence. The methodological basis of the presented article includes a complex of general and special legal methods including analysis and synthesis, the method of description and observation, comparative- and formal-legal methods. Results and conclusions. The article, taking into account the results of the analysis of the current legislation of Ukraine and the provisions of the doctrine of criminal law, identifies the problems of the relationship between the institution of release from criminal liability and the constitutional presumption of innocence. It is established that the release from criminal liability does not refute the admission of guilt of a person, if you give him the value of official confirmation (statement) of the fact that he committed a criminal offense. It is determined that the release from criminal liability also concerns the problems of ensuring the rule of law in the activities of public authorities, compliance of criminal law with the principles and norms of international law, systemic coherence of various branches of the national legal system. It is determined that the presumption of innocence is recognized as one of the fundamental principles of criminal justice in a state governed by the rule of law. At the same time, it is an important element of the right to a fair trial guaranteed by Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms, which is part of national law by virtue of Article 9 of the Constitution as an international treaty. However, despite its fixation in the most important international legal acts that enshrine universal standards of fundamental human rights, and the enshrinement of the Constitution of Ukraine states that in practice the presumption of innocence is often violated, as evidenced by a number of decisions of the European Court of Human Rights concerning Ukraine.

The rule of law as a constitutional principle of criminal legislation and justice

Consideration of the principles of criminal law is of paramount importance for understanding the grounds for bringing a person to criminal responsibility. Of course, the problem of principles cannot find its solution only within criminal law or any other field of law, until the conceptual apparatus of legal principles in the general theory of law is defined. According to the article of Art. 3 of the Criminal Code of Ukraine, the legislation of Ukraine on criminal responsibility constitutes the Criminal Code of Ukraine, which is based on the Constitution of Ukraine and generally recognized principles and norms of international law. Article eight of the Constitution of Ukraine declares that it has the highest legal force; laws and other normative legal acts are adopted on the basis of the Constitution of Ukraine and must comply with it. Taking into account the proposals of scientists on the normative settlement of the problem of principles of law, as well as the existing developments of the Working Group on the preparation of the new Criminal Code of Ukraine, each of the principles known in legal science requires a separate study. Since the title of Article 8 of the Constitution of Ukraine explicitly stipulates that the principle of the rule of law is recognized and applies in Ukraine, and Article 129 states that a judge is independent and guided by the rule of law when administering justice, it is obvious that it is unique in the system of domestic law and each of its branches. Among the constitutional principles of criminal justice, the principle of the rule of law is the leading one. A positive feature of the Project of the Criminal Code of Ukraine is the priority place of the rule of law as the basis on which relations arising from the commission of a criminal offense are regulated. Regarding the relationship between the rule of law and legality, there is a well-founded position: the rule of law is a fundamental goal of the criminal justice system, while legality is an important, but not the only, principle that promotes the implementation of the rule of law. The principles of the rule of law and legality may come into conflict. When it comes to the principle of the rule of law, the imperative is its priority and leading role in the paradigm of the principles of law. The principle of the rule of law cannot be excessive, it is always dominant, since its implementation ensures the achievement of the goal of justice — the restoration of justice, and the effective operation of the criminal justice system. Justice is a category of a higher order than any principle, including the rule of law. The scientific position on the existence of three supremacy — law, legality and constitution — has been criticized. There can be not only three supremacy, but also two. The rule of law is the only principle that occupies the highest level in the hierarchy of legal principles. Key words: justice, fairness, principles of criminal law, principles, constitutional principles, rule of law, case law, natural law, legality, criminal justice, constitution, judge.

Ensuring the legal interests of a person in pre-trial criminal proceedings

In the science of the criminal process, there is no unified vision of the essence of a person’s legitimate interests and guarantees of their provision at the stage of pre-trial investigation. Ensuring a legitimate interest at the stage of pre-trial criminal proceedings is not supported by the performance of duties by other participants. An effective guarantee of the realization of a person’s legitimate interests in pre-trial criminal proceedings should be the real possibility of going to court to challenge the decisions, actions or inaction of law enforcement agencies. The presence of such a legal possibility should stimulate law enforcement agencies to take active actions aimed at satisfying legitimate interests. The criminal procedural law must provide for a mechanism to protect the legal interests of a person, both those that directly follow from the criminal procedural norms and those that are not provided for by the criminal procedural law, but are consistent with the spirit and principles of criminal justice. It can be argued that the legitimate interests of a person in pre-trial criminal proceedings are general legal and not prohibited aspirations of a person. Ensuring the legal interests of a person at the pre-trial stage of the criminal process should be ensured by a general obligation (general obligation) to take active actions by state bodies aimed at ensuring legal interests. The guarantee of the realization of the legal interests of a person in pre-trial criminal proceedings is the legal regulation in the criminal procedural law of the procedure for judicial appeal of decisions, actions or inaction of law enforcement bodies (including pre-trial investigation bodies) that prevent the realization of general legal aspirations of a person at the pre-trial stage of criminal proceedings. The need for regulatory regulation of the procedure for judicial protection of legitimate interests is determined by their legal nature, which provides for regularities in the actions of the participants of criminal proceedings of an undefined nature.

ODIL SUDLOVNI AMALGA OSHIRISHDA PROKURORNING OʻRNI

In this article, the classic theories and classical concepts of constitutionalism, as well as the characteristics and practice of constitutional government in the whole world, are considered from a scientific theoretical point of view. Also, the role of constitutionalism in the historical process of the countries of the world up to the stage of achieving democratic This article highlights issues related to criminal procedural activities, the need to ensure justice, protect the rights and freedoms of citizens, and protect the interests of the individual and society from criminal encroachments. A pre-investigation check conducted by officials of state bodies responsible for conducting a criminal case analyzes the issues of restoring the rights of an individual or legal entity whose rights were violated as a result of a crime committed, and identifies issues of preventing the accused from re-committing similar criminal acts in the future. The procedure for filling them out is also being studied, as well as issues of comprehensive verification of the evidence available in the case of deficiencies committed by the prosecutor and the investigator supporting the state prosecution. The circumstances of the interrogation of the defendant, the victim, and the witness, the additional examination of physical evidence, and the and the identification of issues that have not been fully studied and have arisen again have been revealed. The author analyzes the powers of the prosecutor in the preliminary investigation, his participation in the trial process, support for the prosecution, the procedure for rejecting the charges, and the issues of their presentation. In the theory of criminal justice, their reliance on the principles of criminal justice is analyzed in the sense that each subject of criminal procedural activity has certain functions. The article also examines the experiences of some foreign countries. In addition, suggestions and recommendations for improving criminal procedure legislation and practice are given.

Prevention of Money Laundering Act, 2002 (PMLA) Critical Review of Key Provisions

The Prevention of Money Laundering Act, 2002 (PMLA) stands as a pivotal legislative tool in India, designed to combat money laundering and allied financial crimes, having a fundamental objective to thwart money laundering and facilitate the confiscation of property derived from or implicated in money laundering. Money laundering, as per the act, is expansively defined to encompass any process or activity attempting to legitimize illegally obtained proceeds, such as those arising from criminal activities. The act criminalizes money laundering activities, imposing stringent penalties that include imprisonment and fines for individuals found guilty of such offenses. Enforcement of the PMLA is orchestrated by various authorities, with the Enforcement Directorate (ED) at the forefront. The ED is entrusted with investigating and prosecuting offenses under the act. Embarking on an exploration of the intricate domain outlined by the Prevention of Money Laundering Act (PMLA) leads us to a realm where the intersections of financial regulations, criminal justice principles, and ethical considerations converge. By examining a series of pertinent adjudications related to the PMLA, we enter a reservoir of legal knowledge that significantly shapes the understanding and application of this crucial legislation. These legal determinations not only clarify the intricacies surrounding money laundering and its consequences but also offer invaluable guidance for legal practitioners, scholars, and policymakers striving to strike a balance between prosecuting financial offenses and safeguarding individual liberties. Within this compilation, we engage in an intellectual journey, mapping the continually evolving terrain of PMLA legal interpretations and presenting a comprehensive perspective on its development and significance within the framework of precedent law in the pursuit of justice. While serving as a significant tool in the battle against money laundering, the PMLA has faced criticisms, particularly concerning certain provisions such as the broad definition of "proceeds of crime", about the burden of proof placed on the accused, usual overreach, bail provisions etc. which become issues for critical analysis specially in preview of latest judgements of Hon. Supreme Court of India. Pending the review of the controversial judgment in 2022, specifically in the cases of Vijay Madanlal Choudhary v. Union of India, the Directorate of Enforcement (ED) seems to have gained significant momentum. The Supreme Court's scrutiny and criticism of the ED's actions, particularly in the unlawful arrest of two individuals in a money laundering case, have underscored the imperative for a comprehensive re-evaluation of the key provisions of the Prevention of Money Laundering Act (PMLA), while in Pankaj Bansal v. Union of India, in which it came down heavily on the ED for the illegal arrest of two accused in a money laundering case has necessitated the critical review of key provisions of PMLA. The methodology of study of Critical review of key provisions of Prevention of Money Laundering Act, 2002 involves librarian research in which books, articles and recent case laws of Hon. Supreme Court of India are referred.

SPIRITUAL BONDS OF THE RUSSIAN PEOPLE AND CRIMINAL JUSTICE: DIALECTICS OF THE SPIRITUAL AND MORAL (CONCRETE) AND LIBERAL (ABSTRACT)

The article examines the dialectic of the spiritual bonds of the Russian people and criminal justice from the standpoint of spiritual and moral (concrete) and liberal (abstract). The relevance of the research topic is due to the need to transfer the basic principles of the administration of justice from liberal ideologies to the spiritual bonds of the Russian people. The purpose of the study is to form a model of value–semantic thinking in the administration of criminal justice, as well as to substantiate the destructive impact of the liberal paradigm of thinking on the basic principles of criminal justice. Materials and methods. The methodological basis of the research is represented by the spiritual method, the cultural-historical method, the system-activity approach, the sociological approach and other methods of scientific cognition and creative thinking. Results of the study and conclusions. The practical significance of the spiritual bonds of the Russian people in shaping their life, including that part of it that is directly related to the administration of justice, is substantiated. The spiritual bonds of the Russian people are defined as a system of spiritual (symbolic) knowledge about the fundamental foundations of domestic justice, which is based on the spirit of eternity, and its potential goes beyond the boundaries of space and time. The study also presents an understanding of the spiritual bonds of the Russian people in the form of knowledge about domestic justice from the perspective of eternity.

Место идеи процессуальной экономии в уголовном судопроизводстве России

An overview study of the idea of procedural economy from a legal and axiological point of view, as well as its place in the legal system of the Russian Federation is given. By means of induction and scientific analysis, the points of view of domestic processualists on the idea of process economy have been studied. The result of the study is the conclusion about the need for normative consolidation of the concept of procedural economy as an integral part of the system of principles of criminal justice.

The Right to Defence in Criminal Proceedings: International Law Aspects

The article deals with the right to defence in criminal proceedings in accordance with international law norms. It is proved that ensuring the right to defence is one of the basic principles of criminal justice and is a prerequisite for the achievement of a fair trial. Particular attention is paid to the right to self-defence (defence in person), the right to defence through choosing legal assistance, the right to assigned legal assistance. Attention is drawn to the fact that the right to defence in the international human rights courts and the international criminal courts is based on the same principles, respectively its understanding is the same in these international courts.

ARTIFICIAL INTELLIGENCE AND CRIMINAL JUSTICE PRINCIPLES: COMPATIBILITY ISSUES

The penetration of artificial intelligence technologies (hereinafter referred to as AI) into criminal justice naturally entails the modernization of legal systems, with the introduction of "smart courts", "digital prosecutors", as, for example, in China, and the increasing decision-making autonomy of AI. The aim of the study is to study the impact of AI on the fundamental principles of the criminal process. Should the use of AI be “tailored” to existing principles and norms, or should existing principles and norms be modified to accommodate AI? Based on the analysis of the principles with their development in specific norms and situations, it was concluded that the properties of AI that cause negative consequences of its use in criminal proceedings (bias, closeness (opacity), pose potential threats to the implementation of the principles of the criminal process. AI affects the basic constitutional principles and the branch principles of criminal proceedings interconnected with them.The use of AI poses a certain threat for them, entailing a violation of the constitutional rights of a person and a citizen. The purpose of this article is to draw the attention of the scientific community, the legislator, and law enforcers to the problem of dissonance between AI and the principles of criminal justice that has arisen and is growing with the development of AI technologies. In order to avoid negative factors in the use of AI, it is necessary to establish a legal regulatory framework for its use in criminal proceedings, due to the socio-technical nature of AI. Given the priority of human and civil rights, legal norms must be transformed in such a way as to ensure proper protection of the rights of citizens.

일본의 중요토지조사규제법 제정과 쟁점

On the basis of national security and territorial integrity, can the state regulate the use of land and buildings around important defense facilities or on border islands? In response, on June 16, 2021, Japan promulgated ‘Important Land Survey Regulation Act.’ In enacting the Important Land Survey Regulation Act, the Japanese government suggested land acquisition in a specific area by foreign capital as a basis for legislation. Due to the cases of land acquisition in a water source, defense facilities, or border islands, anxiety among Japanese residents and the people is growing. As a background of legislation, the Important Land Survey Regulation Act refers to ‘concerned’ foreign capital and state. It is primarily considering Korea and China as regulatory targets. The Important Land Survey Regulation Act is a regulation law based on the maintenance of the base of national life, maritime sovereignty, and national security. In the future, I think the Important Land Survey Regulation Act will have a direct or indirect effect on Korea. From a national security perspective, laws that regulate direct investment in corporate purchases also exist in the United States and Japan. However, regulations on real estate transactions have recently been introduced from the perspective of national security. In the United States, the Foreign Investment Risk Review Modernization Act (FIRRMA) enacted in August 2018 is a representative law. Real estate transactions are being conducted as a subject of review by the US Foreign Investment Committee (CFIUS). From a national security perspective, Japan is reviewing the case of the United States, which regulates the sale of real estate. However, problems with the bill were pointed out in the process of enacting the Important Land Survey Regulation Act. The issue of unconstitutionality of the Important Land Survey Regulation Act was also raised. In this study, I reviewed the issues and the contents of the law in the legislative process of the Japanese National Assembly : the purpose of legislation and the existence of legislative facts, the subject of regulation and delegation of legislation, forest and water sources, enforcement decree and delegation legislation, resident movement regulation, designation of special zones, and pre-reporting system, etc. The following matters were reviewed on the issue of unconstitutionality inherent in the Important Land Survey Regulation Act : legislative purposes and the absence of legislative facts, violation of the principles of parliamentary legislation, principle of criminal justice, recommendations and orders and criminal penalties, land use investigation and personal information, privacy rights, freedom of thought and conscience, self-denial rights, property rights and compensation systems, etc. The Important Land Survey Regulation Act, like FIRRMA in the United States, is based on national security, Japan primarily aims to protect Japan’s Self-Defense Forces facilities and U.S. military facilities. To this end, ownership and use, and transactions of land and buildings in a specific area are regulated. Second, however, it is a law to prepare for border disputes or maritime disputes between Japan and China, Japan and Russia, Korea and Japan. From the perspective of borders, territories, and maritime sovereignty, the Republic of Korea needs to establish new border protection measures for uninhabited islands and islands.

Оптимизация уголовно-процессуального законодательства в области доказывания по уголовным делам о преступлениях против собственности, совершенных с использованием информационно-телекоммуникационных технологий

The article identifies the problematic issues of proof in criminal cases of crimes against property committed with the use of information and telecommunication technologies, associated with disproportionately long periods of obtaining information serving as evidence, which in turn lead to a violation of the principles of criminal justice. As a result of the application of general scientific methods for conducting scientific research, incl. analysis of the current legislation, statistical data, practice of international cooperation and materials of criminal cases, it is proposed to optimize the criminal procedure legislation in the field of evidence in criminal cases of the above category in order to reduce the time for collecting evidence.

To the question of the constitutional presumption of innocence and the institute of exemption from criminal liability

The article, taking into account the results of the analysis of the current legislation of Ukraine and the provisions of the doctrine of criminal law, identifies the problems of the relationship between the institution of exemption from criminal liability and the constitutional presumption of innocence. The analysis of the problem conducted in this publication allows us to support the position that the existing in the Criminal Code of Ukraine substantive legal institution of exemption from criminal liability does not contradict the presumption of innocence. However, for this purpose, its instructions should be assessed, firstly, as not included in the mechanism of criminal liability, and secondly - as an alternative to punishment measures of criminal law.
 It is established that the release from criminal liability does not refute the admission of guilt of a person, if you give him the value of official confirmation (statement) of the fact that he committed a criminal offense. It is determined that the exemption from criminal liability also concerns the problems of ensuring the rule of law in the activities of public authorities, compliance of criminal law with the principles and norms of international law, systemic coherence of various branches of the national legal system.
 The analysis of investigative and judicial practice showed that the anti-criminogenic potential of the institution of exemption from criminal liability is only partially realized, as the legislator, constructing the analyzed rules, made a number of conceptual miscalculations and editorial errors. As a result, the institution of exemption from criminal liability has significant contradictions, and some of its provisions come into conflict not only with other articles of the Criminal Code of Ukraine, but also with the rules of other branches of law. The article emphasizes that in modern criminal law the system of measures of criminal law influence is not limited (does not end) only to punishment. The Law on Criminal Liability provides for the possibility of applying to a person whose act constitutes a crime, and a number of other "tools" to correct his behavior, in particular, such as the release of this person from criminal liability on legal grounds.
 It is determined that the presumption of innocence is recognized as one of the fundamental principles of criminal justice in a state governed by the rule of law. At the same time, it is an important element of the right to a fair trial guaranteed by Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms, which is part of national law by virtue of Article 9 of the Constitution - as an international treaty. However, despite its fixation in the most important international legal acts that enshrine universal standards of fundamental human rights, and the enshrinement of the Constitution of Ukraine states that in practice the presumption of innocence is often violated, as evidenced by a number of decisions of the European Court of Human Rights concerning Ukraine.

A History of the Common Law Double Jeopardy Principle: From Classical Antiquity to Modern Era

The double jeopardy principle is a guarantee of individual liberty that has ancient origins. The development of the principle has been incremental, and its meaning has varied through the ages. The research question and attending analyses presented in this article advances an examination of the evolution of the double jeopardy principle in historical context. Through doctrinal analysis the hypothesis advances the supposition that the common law principle was firmly established by the post-medieval period. Through an examination of landmarks in the development of the principle the article examines theoretical underpinnings and considers the extent to which the criminal justice system developed a public prosecution model of criminal justice. The incremental development of this fundamental principle of criminal justice can be explained in terms of the deficiencies in medieval criminal procedure, prejudices and practices of medieval trial procedure and punishments imposed on convicted offenders. Jurisprudence on the application of the principle indicates significant developments following the Restoration. Keywords: Double jeopardy; Ne bis in idem; Autrefois acquit; Autrefois convict; Criminous clerks; Restoration

The mechanism for implementing the principle of respect for the honor and dignity of personality in preliminary investigation

Relevance. Compliance with the principles is a prerequisite for effective and fair criminal proceedings. The inconsistency of criminal procedural norms with the needs of modern Russian criminal procedure minimizes the operation of the mechanism for ensuring the principles of criminal justice. In order to improve Russian legislation in the field of compliance with the basic provisions and compliance with its basic international principles, the elements of the mechanism for ensuring and implementation of the individual’s right to respect for honor and dignity during the preliminary investigation were studied, proposals were made to reform the norms of the Criminal Procedure Code of the Russian Federation. As a result of the research, the concept of a mechanism for the implementation of the principle under study was formulated; the stages of development of this mechanism have been studied; the elements of the mechanism are systematized and analyzed, a comparative study of the different mechanisms for the implementation of the studied principle of some foreign countries is carried out, ways of improving the criminal procedural legislation in the field of ensuring the principles of the criminal process are proposed.

\u201cComplete Labelling\u201d and Domestic Prosecutions for Crimes Against Humanity

Fair labelling is an established principle of criminal justice that scrutinises the way that States use language in labelling criminal defendants and their conduct. I argue that “complete labelling” is a related but separate principle which has not received any explicit attention from commentators. Whereas fair labelling focuses, usually, on the protection of defendant’s rights, the principle of complete labelling explains and justifies whether the labels attached appropriately represent the nature and scale of the wrong done to the community. As a case study, I apply this lens in the context of regional (U.S./Mexican) criminal justice responses to crimes against humanity perpetrated by “drug-cartels” in the context of the Mexican Drug War. Successive administrations in Mexico and the U.S. have tended to charge cartel leaders (and/or their political supporters) with so-called “transnational crimes” (for example, drug-trafficking, money-laundering, bribery/corruption). This is despite the fact that many of the most powerful cartels have controlled territory, attacked entire towns, carried out acts of terror, and disappeared thousands of people. The principle of complete labelling is useful in normative terms because it helps in the critical examination of a State’s prosecutorial practices, exposing problems that might otherwise be missed. In relation to the case study discussed, for example, a focus on complete labelling helps to expose the regional prosecutorial policy as either an unjustified exercise in selectivity or, at worst, an expression of collective denial. After considering certain counteracting reflexions which speak to some of the foundational anxieties of international criminal justice, the article concludes that domestic prosecutions for crimes against humanity in the context of drug-cartels may, sometimes, be justified.

Principles of Criminal Justice as Guiding Principles in the Protection of Human and Civil Rights and Freedoms

The article deals with the problematic aspects related to the criminal procedure regulation of the implementation of the principles of criminal justice. The problematic aspects connected to the implementation of the principles of criminal justice by the participants on the part of the defense, the prosecution, and the court are touched upon. The article considers the features of the implementation of the principle of competition, equality of the parties, a reasonable period of criminal proceedings in the pre-trial stages of the criminal process. The conclusion summarizes all the procedural features which are encountered in the implementation of all the principles as fundamental principles during all stages of the criminal process.

От введения к Уложению государственных законов до УПК РФ: основные идеи М.М. Сперанского

The analysis of some provisions of the current Criminal Procedure Code of the Russian Federation through the prism of a number of provisions of the Code of State Laws, prepared in 1809 by M. M. Speransky. An assessment of the moral principles of the current law is given, noting that moral regulators at this stage of the development of legislation are very weak, which entails the need for detailed criminal procedure regulation. Parallels are drawn with the ideas of M. M. Speransky on the separation of powers and the modern independence of the judiciary. The article reveals the features of law enforcement practice in terms of the application of the provisions of Article 61 of the Criminal Procedure Code of the Russian Federation and the provisions of the law on conflict of interest and its interpretation in the established judicial practice. Based on the Introduction to the Code of State Laws in terms of the need to take into account the “importance of crimes” and “the quality of persons who have committed crimes”, the author reveals modern trends in the development of differentiated principles of criminal justice. It has been proved that, in fact, an independent special proceedings for entrepreneurs are being formed, which is critically assessed as a trend that does not correspond to the Presidential Decree “On national goals and strategic objectives for the development of the Russian Federation for the period up to 2024.”

Legal Balance between the Human Rights Protection and the Effectiveness of the Criminal Investigation

Abstract In a digital age when national borders are not a barrier to offenders, access to electronic databases, often located in several countries, is required for a thorough criminal investigation and the correct resolution of a large number of criminal cases. The collection of information stored by cloud and telecommunication service providers for criminal prosecution purposes inevitably addresses issues of personal rights and freedoms. The CJEU has clarified that any restriction on the right to private life and data protection must be consistent with the requirements of legality, necessity and proportionality provided for in EU law. This study analyzes the compliance of the latest EU legislative instruments on a transnational collection of electronic data tothe European human rights standards and the principles of criminal justice.