Procedural Legislation Research Articles

Detention as a measure to ensure due legal procedure in criminal proceedings

The problematic issues of the institution of detention from the point of view of ensuring due legal procedure during criminal proceedings are investigated. The aim is to determine the essence of the detention of a person without a decision of the investigating judge (court), as well as the shortcomings of the current criminal procedural legislation regarding the legal regulation of this procedural measure. The starting point for this is the interpretation of the detention of a person as a compulsory procedural measure and the formulation of proposals for improving the legal mechanism for its implementation. For this purpose, two types of detention are analyzed: 1) detention of a suspect, accused on the basis of a decision of the investigating judge, court for the purpose of arraignment (Articles 187-191 of the Criminal Procedure Code of Ukraine); 2) detention of a person without a decision of the investigating judge, court (Articles 207-208 of the Criminal Procedure Code of Ukraine). It is noted that the detention of a person without a decision of an investigating judge or court is a compulsory procedural action that is carried out before entering information about a criminal offense into the Unified Register of Pre-Trial Investigations and the start of a pre-trial investigation. This detention occurs in connection with the commission of an act provided for by the current legislation on criminal liability, which is a sign of criminal proceedings (clause 10 of article 3 of the Code of Criminal Procedure of Ukraine). The purpose of such detention is to terminate the criminal offense and ensure that the guilty person is brought to criminal liability in compliance with due legal procedure. The detention of a person at the place of commission (attempt) of a criminal offense without a decision of an investigating judge (court) is considered a legal fact that contains the reasons and grounds for the start of a pre-trial investigation. It is noted that the current criminal procedural legislation on the institution of detention contains a number of contradictions and gaps that make it unbalanced and unable to ensure due (fair) legal procedure. This concerns the legal regulation of the detention of a person without a decision of an investigating judge or court, which contains inaccuracies and contradictions in the formulation of the grounds for the detention of persons who commit crimes and criminal offenses, the terms of detention of suspects, and confusion in the formulation of procedural instructions. To eliminate the shortcomings, it is proposed to introduce a provision in Article 298-2 of the Criminal Procedure Code of Ukraine in the following wording: “A person who has committed a criminal offense may be detained: 1) for no more than three hours from the moment of actual detention for the purpose of drawing up a report; 2) for up to twenty-four hours if the person is in a state of alcoholic, narcotic or other intoxication and may harm himself or others; 3) up to seventy-two hours to establish the identity, conduct a medical examination and clarify other circumstances of the commission of a complex criminal offense. It is concluded that the elimination of the indicated shortcomings of the current procedural legislation will ensure compliance with the rights of detained persons and create clear and understandable grounds for the implementation of due legal procedure in criminal proceedings.

Analysis of the institution of suspension of court proceedings in criminal proceedings during martial law in Ukraine: specific problems and prospects

The article is devoted to the study of the problematic issue of the application of the norms of criminal procedure law, which makes it possible to suspend court proceedings in connection with the conscription of the accused for military service during mobilization, for a special period. The method of analysis and proposing ways to resolve this issue is to ensure a fair balance between the tasks of Ukraine, which are left to it by military operations, on the one hand, and ensuring the implementation of high-quality legal reforms, etc. The article analyzes the scientific literature and judicial practice, in which a unified approach to the interpretation of the norms of criminal procedure law related to the suspension of court proceedings has not yet been formed. The literal, systemic, comparative and functional approach to the interpretation of these norms is highlighted, it is demonstrated which approaches prevail in judicial practice and scientific literature. Separate aspects of the suspension and postponement of court proceedings are investigated, their differences in legal nature and the consequences that they cause for court proceedings are highlighted. The analysis of individual components of the norms on the suspension of judicial proceedings was carried out, it was determined what should be understood by suspension, what documents can confirm the passage of military service by a person and which persons are authorized to provide such documents. The legal consequences of dismissal from military service, unauthorized abandonment of a military unit or place of service, voluntary surrender to captivity in the context of judicial proceedings are described. Within the framework of this study, attention is drawn to the addition and presentation of the norms of criminal procedural legislation in cases that contribute to the implementation of the principles provided for in criminal procedural legislation. The prospects for amending Part 1 of Article 335 of the Code of Criminal Procedure of Ukraine, with the obligations of judges to clarify the features of the possibility or impossibility of claimants to participate in a lawsuit, in order to be able to consider the case faster and more efficiently, to legitimately decide the issue of the need to suspend judicial proceedings in criminal proceedings during martial law in Ukraine, are considered.

Theoretical principles of ensuring the safety of a person who agreed to provide assistance to law enforcement agencies in Ukraine on the basis of a conspiracy

The legal regulation of ensuring the safety of individuals performing tasks related to operational and investigative activities within the framework of criminal proceedings is a matter of great concern. Informal cooperation with law enforcement agencies is inherently dangerous, particularly for the person who has agreed to assist in carrying out operational and investigative tasks. This is why many developed countries have special programs to protect such individuals. In Ukraine, however, this remains a serious problem, as the issue of ensuring the safety of individuals who have agreed to cooperate with law enforcement agencies under the principles of confidentiality is not adequately addressed by legislative and regulatory acts. Additionally, there is a lack of scientific foundation to develop appropriate changes and additions to the legislation or to create new normative legal acts. Therefore, the goal of this article is to develop theoretical principles to ensure the safety of individuals who have agreed, under the principles of confidentiality, to assist law enforcement agencies in Ukraine. The implementation of the set goal involves solving a number of tasks: 1) determining the basic legal provisions that regulate and define the concepts of «security» and «ensuring security»; 2) developing relevant amendments to legislation, creating new legal acts to research specific risks to citizens’ economic security associated with a decrease in income during the imposition of martial law; 3) analyzing and defining human security in detail, including a more nuanced classification of types of such security; 4) conducting research on individual mechanisms of state regulation of the level of citizens’ economic security during the imposition of martial law. The article, for the first time, distinguishes between measures to ensure the security of a person who has agreed, on the basis of conspiracy, to provide assistance to law enforcement agencies in preventing threats and measures to overcome them. As a conclusion, it is proposed that measures to overcome threats to individuals should be presented not only in the norms of the Laws of Ukraine «On ensuring the safety of persons involved in criminal proceedings» and «On operational-search activity», but also in a separate chapter of the Criminal Procedure Code of Ukraine «Ensuring the safety of persons involved in criminal proceedings and engaged in carrying out its tasks». The addition of the Criminal Procedure Code of Ukraine with such a chapter should be carried out with the simultaneous improvement and «synchronization» of the provisions of the above-mentioned laws with the norms of criminal procedural legislation. This scheme could lead to a significant improvement in the state of legislative regulation of the security of various categories of individuals, including covert employees. Among other things, the mentioned chapter of the Criminal Procedure Code of Ukraine should define: grounds for applying security measures; criteria for assessing the reality of the threat (in this case, the fact of disclosing the data of a covert employee should be considered a sufficient criterion); the obligation of the investigator, prosecutor, investigative judge, court to make a decision on the application of the specified measures in necessary cases; the procedure for their application; and the entities that should take security measures.

Regarding the improvement of the procedural order of international cooperation within the framework of criminal proceedings

The article is devoted to the improvement of the procedural order of international cooperation within the framework of criminal proceedings. Within the framework of the work, attention is emphasized to the importance of improving the international legal sphere of interaction in the field of criminal proceedings, since this vector of optimization of the current criminal procedural legislation is an integral component of the domestic and foreign European integration policy of our state. The article analyzes the content of the consenting and prohibiting activity of the prosecutor during the authorization of certain procedural actions within the framework of criminal proceedings. Attention is emphasized to the categories of «permit» and «special permit» fixed in the criminal procedural law in the context of regulation by the prosecutor of certain procedural actions within the framework of international cooperation. The author’s opinion is expressed that the legislator should specifically define a single category for approval by the prosecutor of certain procedural actions within the framework of international cooperation in criminal proceedings and choose one among the mentioned categories. In addition, the form and content of such a permit procedure by the prosecutor should be established separately by law. The article also discusses the procedural order for the delivery of documents at the request of the competent authority of a foreign state for international legal assistance. It is indicated that the fact of handing over such documents to a person must be carried out with the participation of at least two witnesses. Attention was drawn to the domestic legislator’s use of the category «request» in the context of determining permission for the temporary transfer of a person for his participation in procedural actions. It is indicated that such a category does not fully correspond to the essence of international legal relations in the field of criminal proceedings. Therefore, in such cases, it is suggested to use the category «petition», which in its content actually represents an official request for the implementation of procedural actions or decision-making with the participation of a certain person, which is directed to the competent authorities of a foreign state. In addition, the article considers the current procedural features of the resumption of criminal proceedings in Ukraine and its further investigation in the event of its previous closure by a competent body of a foreign state.

System of proof means in criminal proceedings

In this article, it has been emphasized that one of the integral components of proof in criminal proceedings is means of proof. However, unjustifiably little attention is paid by both scientists and practitioners to the issue of means of evidence, in particular, determining their essence. It has been emphasized that means of evidence and evidence in criminal proceedings have common features that indicate and at the same time determine their interdependence. It has been found that the means of evidence in criminal proceedings are tools for obtaining, verifying and evaluating evidence during pre-trial investigation and trial. The main features of the means of evidence in criminal proceedings have been identified, which in their entirety determine their essence, are: regulation by criminal procedural legislation of the grounds and the procedure for their use; aimed at establishing circumstances that are subject to proof and are important for criminal proceedings, as well as motivating the adoption of procedural decisions and arguing legal positions on procedural issues; compliance with international legal standards; used exclusively by authorized entities during criminal proceedings. Means of evidence in criminal proceedings have been systematized according to the following criteria: 1) depending on the methods of proof, it is worth distinguishing: means of collecting evidence; means of verifying evidence; means of evaluating evidence; 2) depending on their nature, they distinguish: procedural actions: investigative (search), covert investigative (search) actions, measures to ensure criminal proceedings, requesting and receiving things, copies of documents, information, expert opinions, audit conclusions, inspection reports, other procedural actions; mental actions: analysis of the practice of the European Court of Human Rights, Supreme Court decisions, evidence available in the materials of criminal proceedings, etc.; mixed – a combination of procedural and mental actions; 3) depending on the purpose, there are: means-instruments of proof; means-methods of proof.

Ensuring the prosecutor’s implementation of the principle of legality in the preparation of an indictment

The article analyzes such a form of completion of the pre-trial investigation as sending an indictment to court. It is established that the prosecutor plays a significant role in ensuring the principles of legality at all stages of criminal proceedings, and it is he who is the guarantor of the legality of the decisions of the investigator and the coroner at the pre-trial investigation stage, and also ensures the implementation of legality by making decisions independently, including the decision to send an indictment. It is stated that the preparation of an indictment is a very crucial moment for the prosecutor, after it is sent to court, since from that moment on the prosecutor has the opportunity to operate only with the evidence collected. The author emphasizes that in case of an incorrect assessment of the sufficiency of evidence and failure to ensure the principle of legality when drawing up an indictment, it is the prosecutor who will be forced to answer during the preparatory proceedings for the shortcomings made by the investigator or the detective. It is stated that when drawing up an indictment by an investigator or a coroner, the prosecutor is obliged to fully examine the evidence collected, assess its sufficiency and ensure its provision. It is concluded that the return of an indictment by a court during the preparatory proceedings raises a number of issues which are controversial in practice and in theoretical research. It is noted that the return of an indictment may be associated only with the correction of technical formal errors of the document itself, but not with the purpose of correcting the shortcomings of the pre-trial investigation, and finalizing the evidence base by the prosecution. That is why the possibility of returning to the institution of additional investigation is being considered, which significantly undermines the fairness of criminal proceedings in general. The author proposes to amend the criminal procedure legislation with regard to: exclusion from the list of decisions in the preparatory court hearing of the possibility to return an indictment if it does not meet the requirements; the need to determine the procedure for returning an indictment within the preparatory court hearing; the need to establish a time limit for correcting formal errors; and the definition of grounds for the prosecutor’s failure to submit a corrected indictment within the time limit after its return by the court as a ground for closing criminal proceedings.

Fungal Biocontrol Agents in the Management of Postharvest Losses of Fresh Produce-A Comprehensive Review.

Postharvest decay of vegetables and fruits presents a significant threat confronting sustainable food production worldwide, and in the recent times, applying synthetic fungicides has become the most popular technique of managing postharvest losses. However, there are concerns and reported proofs of hazardous impacts on consumers' health and the environment, traceable to the application of chemical treatments as preservatives on fresh produce. Physical methods, on the other hand, cause damage to fresh produce, exposing it to even more infections. Therefore, healthier and more environmentally friendly alternatives to existing methods for managing postharvest decays of fresh produce should be advocated. There is increasing consensus that utilization of biological control agents (BCAs), mainly fungi, represents a more sustainable and effective strategy for controlling postharvest losses compared to physical and chemical treatments. Secretion of antifungal compounds, parasitism, as well as competition for nutrients and space are the most common antagonistic mechanisms employed by these BCAs. This article provides an overview of (i) the methods currently used for management of postharvest diseases of fresh produce, highlighting their limitations, and (ii) the use of biocontrol agents as an alternative strategy for control of such diseases, with emphasis on fungal antagonists, their mode of action, and, more importantly, their advantages when compared to other methods commonly used. We therefore hypothesize that the use of fungal antagonists for prevention of postharvest loss of fresh produce is more effective compared to physical and chemical methods. Finally, particular attention is given to the gaps observed in establishing beneficial microbes as BCAs and factors that hamper their development, particularly in terms of shelf life, efficacy, commercialization, and legislation procedures.

Feed additives for methane mitigation: Regulatory frameworks and scientific evidence requirements for the authorization of feed additives to mitigate ruminant methane emissions.

This article describes the regulatory and evidence requirements necessary for the authorization of antimethanogenic feed additives (AMFA) aimed at mitigating enteric methane (CH4) emissions from ruminants. It outlines the legislation and legal procedures in Australia, Canada, the European Union, New Zealand, South Korea, the United Kingdom, and the United States as illustrative examples, offering insights for applicants seeking authorization. Additionals objectives are to highlight consequential similarities and differences in regulations and evidence requirements and offer recommendations for scientists and applicants. The pivotal role that scientific evidence plays in the evaluation and approval processes is emphasized, along with the need for applicants and researchers to understand and adhere to the specific regulations of each jurisdiction. Feed additives are regulated to ensure their safety for animals, humans, and the environment, and to verify their effectiveness for the intended use of enteric CH4 mitigation. Regulations cover various aspects, including ingredient safety, manufacturing practices, product labeling, and the establishment of permissible limits for certain substances to ensure their safe use in animal feed. Compliance with these regulations is mandatory, and they are enforced by regulatory agencies within each jurisdiction, aiming to protect animal health, promote food safety, and prevent misleading claims and unsafe practices. The assessment processes involve evaluating scientific evidence submitted by applicants, along with evaluations of quality control procedures, and record-keeping practices. The major difference in regulations is that each jurisdiction developed unique criteria to legally classify AMFA, making it challenging to satisfy all legal classifications with a single set of criteria for scientific evidence. However, numerous similarities and a universal reliance on the concept of intended use indicate consistency across all jurisdictions on the need for robust evidence for efficacy, safety, and product quality and documentation even if the type, size, duration, and location of the studies they require differ. Recommendations are made for both scientists and applicants, emphasizing the importance of designing, conducting, and reporting scientific evaluations transparently, using validated standards and methods, and communicating with regulatory bodies to ensure compliance with regulations and evidence requirements.

Problematics of Realization of Adversarial Principle and the Principle of Equality of Arms at the Stage of the Investigation

Criminal Procedure Code of Georgia tries to share the Anglo-Saxon law system model, which is based on “pure” equality of arms and adversarial principle; this can be said according to the requirements of the 9th article of the Criminal Procedure Code of Georgia regarding that at the beginning of criminal prosecution, the criminal process is being executed based on equality of arms and adversariality of the parties. The party is entitled to apply for a petition according to the rule established by Procedural Legislation, obtain via court, request, submit, and examine all the relevant evidence. Theoretical study of equality of arms and adversariality model stipulated by Georgian criminal procedural law, regarding that at the criminal prosecution stage, equally as the prosecution (investigator, public prosecutor) – defense (the accused, lawyer) is also granted with opportunity, collect the beneficial evidence by conducting the investigative actions and for refusing the guilty (offense) the accused charged with. Work has analyzed the problematics of the principle of equality of arms and the adversarial principle stipulated by Georgian procedural legislation, their procedural regulations, and those negative sides that hinder their complete and fair realization in investigative practice. Attention is drawn to the necessity of legislative changes in the investigator’s authority, in particular, the investigator should not represent the prosecution (party of charge), but he/she should be an independent procedural subject, being obliged to obtain both – incriminating and exculpatory evidence of prosecution (party of charge) with the same diligence, that will encourage the fair realization of equality of arms and adversarial into criminal procedural proceedings.

Participants in criminal proceedings: problematic issues of classification

The article analyzes the conceptual approach that was used by the legislator to classify participants in criminal proceedings. It is noted that the current classification into participants in criminal proceedings and participants in judicial proceedings looks very illogical, since the concept of criminal proceedings also includes judicial proceedings as a separate stage. In addition, the specified classification groups do not include a court and an investigating judge, but the secretary of the court session and the court administrator are present. The purpose of the article is to formulate proposals for improving the classification of participants in criminal proceedings on the basis of clarifying the functions they perform and taking into account the rights granted to them and the duties assigned to them. To achieve the set goal, the following main scientific tasks were solved: to analyze the norms of the Code of Criminal Procedure of Ukraine regarding the determination of the status and classification of participants in criminal proceedings; to analyze scientific publications after the adoption of the Code of Criminal Procedure of Ukraine in 2012, devoted to participants in criminal proceedings; using a systemic approach to determine the connections between participants in criminal proceedings with their distribution by stages of criminal proceedings and functions performed. Taking into account the fact that the institute of participants in criminal proceedings with their distribution into parties and other participants is a novelty in domestic criminal procedural legislation, it is proposed to consider the problem of their classification based on the application of a systemic approach. In particular, a classification of participants in criminal proceedings is proposed, built on the basis of the use of two bases – stages of criminal proceedings and the nature of the functions performed by participants in criminal proceedings. In the author's view, this makes sense from several points of view: 1) clarity in determining the regulatory and legal status of participants in criminal proceedings; 2) use of a systemic approach in scientific research; 3) performance of didactic tasks when teaching a training course on criminal proceedings.

Вопросы дифференциации досудебного производства по уголовным делам в отношении иностранных граждан

The aim is to identify and substantiate the difference between pre-trial proceedings in criminal cases against foreign citizens and the usual procedure of preliminary investigation, to propose a slightly different procedure of criminal proceedings, which allows to carry out these proceedings effectively and to talk about the differentiation of the criminal procedural form of these proceedings. Methodology. Dialectical method, method of system-structural analysis, formal-logical method, comparative method were used. Conclusions. Pre-trial proceedings in criminal cases against foreign citizens have differences from ordinary proceedings, which makes it possible to attribute it to differentiated forms and critically approach some of the other opinions of scientists expressed in science. Scientific and practical significance. The substantiated provisions on the presence of peculiarities in criminal proceedings in respect of foreign citizens complement the theoretical model of preliminary investigation in this category of cases proposed by scientists and the opinion in the doctrine about the expediency of differentiation of proceedings in criminal cases of this category. From a practical point of view, the application of the developed proposals and their introduction into the criminal procedural legislation will increase the effectiveness of preliminary investigation.

НАПРАВЛЕНИЯ ПОВЫШЕНИЯ ЭФФЕКТИВНОСТИ МЕЖДУНАРОДНОЙ ПРАВОВОЙ ПОМОЩИ ПО УГОЛОВНЫМ ДЕЛАМ В РОССИЙСКОЙ ФЕДЕРАЦИИ

Introduction: the author examines the factors that enhance the efficacy of legal assistance in criminal cases, identifies concerns and features in a preliminary investigation when international cooperation of law enforcement agencies is required, and elucidates the primary reasons for the incompatibility between domestic law and international law. In light of the findings of the study, the author puts forth suggestions for future development in this field and recommendations for enhancing the efficacy of the preliminary investigation body. Materials and Methods: the study was based on an analysis of international treaties and agreements, regulatory acts, and the proceeding papers of the subject. The author employed a dialectical, comparative legal and legal methodology. Results: the findings indicate that international legal instruments regulating legal assistance in criminal cases are comprehensive in nature. However, an analysis of the legal acts suggests that this area is not without shortcomings and requires comprehensive and coherent enhancement. Furthermore, there is a discrepancy between the practices of law enforcement in international criminal proceedings and the realities of the modern world. To address these shortcomings, the author proposes that Russian education should be oriented towards training specialists who meet the demands of the contemporary era. The author suggests the introduction of specialized courses in foreign criminal law and procedural law. Discussion and Conclusions: it is imperative that a codification of mutual legal assistance be established. Domestic codification is feasible through the enactment of a specific law or the amendment of existing criminal and criminal procedural legislation. The author's perspective is that the enactment is a more preferable course of action for the Russian Federation. In order to enhance the efficiency and efficacy of the investigative work conducted by the Ministry of Internal Affairs of the Russian Federation, it is essential to implement measures that facilitate international cooperation. 1. It is imperative to guarantee precise adherence to the stipulations set forth in regulatory documents. 2. It is imperative to establish personal accountability of the pertinent managerial personnel for the organisation of work in this domain. 3. It is recommended that additional training be conducted within the framework of the official training programme, with the adoption of credits for the study of international cooperation norms and the criminal procedure legislation of the Russian Federation.

ПРАВА, ЗАКОННЫЕ ИНТЕРЕСЫ И ОБЯЗАННОСТИ НЕСОВЕРШЕННОЛЕТНИХ УЧАСТНИКОВ УГОЛОВНОГО СУДОПРОИЗВОДСТВА

Abstract Introduction: this article examines the legal support available to juvenile participants in criminal proceedings. The study is relevant in light of the gaps in the Russian criminal procedure legislation, which do not allow minors to fully protect their rights during criminal proceedings. Literature Review: a review of the literature was conducted, examining the scientific publications of N.V. Anisimova, U.N. Ahmedov, Y.A. Veshkurtseva, N.Y. Litvintseva, O.V. Ponomarenko, E.I. Sidorova, and O.A. Teplyakova. The study also considers the most significant empirical materials in the form of court decisions from various regions of Russia. Materials and Methods: the article's methodological foundation was established through the utilisation of a range of techniques, including formal legal, systemic structural, dialectical and empirical approaches. Results of the study demonstrate that an in-depth examination of the legal regulation of the procedural statuses of minors, including those of suspects, accused persons, victims and witnesses, is a crucial area of focus. The authors of the article have identified a deficiency in the level of data protection afforded to participants in criminal proceedings. It has been established that there is no possibility of involving the relatives of minors as legal representatives or of meeting with legal representatives before conducting an interrogation. Furthermore, the right to legal representation afforded to a minor as a witness or victim does not guarantee their representation. Consequently, the payment for the services of this participant does not relate to procedural costs. Additionally, a number of other expenses incurred by the victim throughout the criminal proceedings are not reimbursed. Some inconsistencies have been identified between the provisions of the criminal procedure legislation. Discussion and Conclusions: it is proposed that the amendments developed for Part 4 of Article 46, Part 4 of Article 47 and Part 4 of Article 92, Part 4 of Article 280 of the Code of Criminal Procedure of the Russian Federation be implemented, as well as that the provisions of paragraph 12 of Article 5 of the Code of Criminal Procedure of the Russian Federation be supplemented. It is anticipated that these measures will enhance the legal protection of minors in general and achieve a more equitable balance between the rights of minor witnesses and victims and those of suspects and accused.

Foreign states as participants in a civil process

As the investment climate in our country improves, the influx of foreign investments into the national economy also increases. In this regard, it is necessary to constantly improve civil procedural legislation involving foreign states. Issues related to improving civil proceedings with the participation of foreign states must be thoroughly assessed and scientifically substantiated, taking into account all possible scenarios. The purpose of the research is to analyze the peculiarities of foreign states as participants in civil proceedings according to civil procedural legislation and to provide legislative proposals for its improvement. The research compares the current norms regulating civil processes involving foreign states with the legislations of Russia, Uzbekistan, and Kyrgyzstan, while also reviewing the works of foreign and domestic scholars on this topic. Civil procedural norms regarding cases involving foreign states were analyzed, and appropriate legislative recommendations were formulated. The relevance of the topic is determined by the recent increase in economic integration with foreign states and the growth of civil relations involving foreign entities in the Republic of Kazakhstan under the conditions of a market economy. As a result of the study, the foundations for foreign states to exercise jurisdictional immunity under the civil procedural legislation of the Republic of Kazakhstan were identified, and it was confirmed that all conditions for limiting judicial immunity are clearly defined. Nevertheless, the role of foreign states as full participants in civil proceedings still requires clarification.

КОНЦЕПТУАЛЬНЫЕ ОСНОВЫ ОСВОБОЖДЕНИЯ ОТ УГОЛОВНОЙ ОТВЕТСТВЕННОСТИ И НАКАЗАНИЯ В СВЯЗИ С ПРИЗЫВОМ НА ВОЕННУЮ СЛУЖБУ ЛИБО ЗАКЛЮЧЕНИЕМ КОНТРАКТА О ПРОХОЖДЕНИИ ВОЕННОЙ СЛУЖБЫ

Introduction: this article examines the legislative regulation of exemption from criminal liability and punishment in relation to conscription or the conclusion of a contract for military service. This article analyses certain aspects of the application of the provisions of criminal and criminal procedure law regulating the aforementioned sphere of legal relations. Materials and Methods: in the course of this study, the fundamental scientific methods were employed with the objective of examining the extant legislation that regulates the grounds and procedure for exemption from criminal liability and punishment. However, the methods of statistical and systematic analysis of law enforcement practice in the field under consideration demonstrated the greatest efficacy. Results: the results of this study demonstrate that the primary provisions of the recently introduced criminal and criminal procedure legislation, which establish the grounds and procedure for exemption from criminal liability and punishment in connection with conscription, were duly considered. This study analyses certain aspects of the legislative process aimed at formulating appropriate changes in legislation. This study presents an assessment of the potential socio-legal implications of amending the criminal and criminal procedure legislation. Discussion and Conclusions: the findings of this research lead to the conclusion that there is a need to maintain a balance between the interests of societal security and those of the state in the formation of criminal policy in relation to persons accused or convicted of committing serious or especially serious crimes. It is further highlighted that the legitimate interests of victims of crimes must be taken into account when constructing norms on exemption from criminal liability.

ОКОНЧАНИЕ ПРЕДВАРИТЕЛЬНОГО РАССЛЕДОВАНИЯ В ФОРМЕ ДОЗНАНИЯ В ОБЩЕМ ПОРЯДКЕ: ПРОБЛЕМЫ ПРАВОПРИМЕНИТЕЛЬНОЙ ПРАКТИКИ И способы ИХ РЕШЕНИЯ

Abstract Introduction: the author considers the necessity of amendments to part 1 Article 233 of the Criminal Procedural Code of the Russian Federation as inquirers do not possess a uniform application of the Code in the completion of preliminary investigation that leads to violations of criminal procedural legislation. Materials and Methods: the author used universal research methods: system and structure, logical, inductive and deductive, analytical, comparative-legal. The files of six criminal cases in which a general enquiry was conducted were examined. Results: the author outlined challenges in the end of the criminal proceedings by drawing up an indictment are outlined. Discussion and Conclusions: the author proposed amendments to the Code of Criminal Procedure of the Russian Federation which would exclude different interpretations by investigators of the norms of the criminal procedure legislation of the Russian Federation at the end of the inquiry by drawing up an indictment.

"FUQAROLIK SUD ISHLARINI YURITISH PRINSIPLARINI TAKOMILLASHTIRISH MASALALARI "

" This article provides a scientific and theoretical analysis of the principles of civil proceedings and issues of their improvement. It analyzes the views of legal scholars on the concept of the principle of legality in civil proceedings and its significance and develops a scientific definition of the concept of this principle. In particular, the principle of free law, which initiates and drives the civil process, as well as the principle of adversarial proceedings of the parties and their role in judicial practice, the opinions of legal scholars in this regard are scientifically and theoretically analyzed, and the civil procedural legislation of foreign countries is comparatively studied, scientific and theoretical conclusions and proposals are given. In the article, the author pays special attention to the issue of non-abuse of procedural rights and identifies its specific features. In addition, the manifestations of abuse of procedural rights were analyzed, scientific and theoretical concepts in this regard were studied, and a scientific definition of this concept was developed. At the same time, the principles of civil proceedings in the constitutions of foreign countries, including Japan, Greece, Bulgaria, Germany, as well as the civil procedural legislation of Russia, Estonia, Armenia, Ukraine, Belarus, Kazakhstan, and the Kyrgyz Republic, have been studied in comparison with national civil procedural legislation. Scientific and theoretical conclusions, proposals, and recommendations aimed at improving the principles of civil proceedings have been put forward. "

Анализ отдельных положений проекта Федерального закона «О внесении изменений в Уголовно-процессуальный кодекс Российской Федерации», разработанного МВД России (ID ПРОЕКТА 01/05/04-24/00147276)

The article is devoted to the analysis of individual provisions of the Draft Federal Law “On Amendments to the Criminal Procedure Code of the Russian Federation” (hereinafter referred to as the Draft), developed by the Ministry of Internal Affairs of Russia. The article describes the problem of disclosing and investigating remote thefts of funds from citizens’ bank accounts.Next, the author analyzes the relevance of proposals made by the Ministry of Internal Affairs of Russia to improve criminal procedural legislation in terms of supplementing the Criminal Procedure Code of the Russian Federation with a new investigative action “suspension of transactions with funds, electronic funds, advance payments”, as well as introducing changes to Part 5 of Article 165 of the Code in terms of the possibility of obtaining information about connections between subscribers and subscriber devices without issuing a preliminary court decision. Taking into account the analysis of existing law enforcement practice, the author proposes to supplement the Draft with a number of procedural actions, both at the stage of initiating a criminal case and at the stage of preliminary investigation.

Сравнительный анализ понятий «доказательство» и «доказывание» в уголовно-процессуальных кодексах Российской Федерации и Республики Таджикистан: отдельные источники доказательств

This scientific article is devoted to the comparative analysis of the distinctive features in the concepts of “evidence”, “proving” and individual evidence in the Criminal Procedure Code of the Republic of Tajikistan and the Russian Federation. Based on the materials of judicial practice, the features of securing certain types of evidence are identified and conclusions are presented that are important for the scientific community. The purpose of this study is to identify the main differences in the definitions and understanding of these concepts in the criminal procedure legislation of these countries, as well as to analyze their impact on the process of proof in criminal cases. In particular, the researcher critically evaluates the breadth of the concept of “evidence” established in Russian legislation, which is essential for determining the exact list of sources of evidence, which makes it universal, but different from the norm established in the Criminal Procedure Code of the Republic of Tajikistan. The results obtained in the course of the study can be useful for further optimization of criminal procedure legislation and increasing the effectiveness of justice both in foreign legislation and in Russia in terms of maintaining a balance of private and public legal relations. For example, analysis of foreign experience allows us to identify the most effective mechanisms for protecting the rights of suspects and accused persons, as well as to optimize procedural deadlines and the procedure for proving. In addition, the data obtained can be used to develop new measures aimed at increasing access to justice and ensuring fair law enforcement.

THE CONCEPT OF ELECTRONIC JUSTICE AS AN ELEMENT OF THE MODERN LEGAL SYSTEM

Electronic justice opens new horizons for improving the civil process, this is a new stage in the development of the judicial system, which offers numerous opportunities to improve the efficiency and accessibility of justice, allows to increase the accessibility, efficiency and fairness in judicial procedures, and also to reduce time and resource costs. The introduction of electronic justice requires attention to detail and consideration of the needs of all participants, but its advantages and prospects make it an integral part of the modern legal system. Currently, the terminological and conceptual apparatus of the legal phenomenon under consideration is being formed, which is reflected in the current, first of all, procedural legislation. The article examines approaches to defining electronic justice.