Criminal Proceedings Research Articles

Вплив виробництва та вживання синтетичних наркотиків на навколишнє середовище

Extremely high volumes of drugs production and consumption have become a global problem of modern times, which determines negative impact on human health and the living environment. Aim: generalization of international best practices in monitoring the impact of production and consumption of synthetic drugs on the environment. Materials and Methods. the reports by the European Monitoring Centre for Drug and Narcotics Control, the National Police of Ukraine and the Security Service of Ukraine, UN, WHO, materials from scientific libraries PUBMED, Elsevier were studied. Results. According to the results of the latest monitoring in Ukraine, the dynamics of illegal drugs and psychoactive substances use per 10,000 population remains negative: from 14.7 in 2017 to 17.0 in 2022. However, under the conditions of martial law and due to active hostilities in some regions of Ukraine, as well as because of limited access to relevant resources in these territories, individual monitoring subjects do not have the opportunity to exercise their powers in full. Therefore, obtaining comprehensive information on the volume of production and use of illegal drugs is not considered possible today. At the same time, according to the National Police of Ukraine, 94 drug laboratories were closed down in 2021 alone; four international channels of entry of illegal drugs into Ukraine were exposed; tons of drug materials and psychotropic substances were seized from illegal circulation as a result of completed investigations in criminal proceedings. The experience of EU countries proves that monitoring the concentration of synthetic drugs in environmental objects allows solving the following issues: assessing the nature and scale of drug use over time; identifying basic trends in drug consumption; determination of measures to control and mitigate the consequences of the production and consumption of synthetic drugs, which will effectively protect the environment from dangerous biologically active substances. Conclusions. Although little is known about the actual extent of damage to the environment of illegal synthetic drugs, monitoring their presence in environmental objects is a relevant area of scientific research and should be a separate issue of public health policy. Keywords: drugs, environment.

Liability for violation of competition rules in entrepreneurial activity: Criminal and administrative aspects

According to the author’s standpoint, antitrust rules are aimed at promoting fair competition, preventing monopolies, and protecting consumers. They ensure a level playing field in entrepreneurial environment. Among other things, compliance with legislation regulating competitive relations is enforced through state coercion measures. The article argues that one of the pressing issues of modern jurisprudence is the study of the administrative and criminal aspects of liability for violation of competition rules, considering relevant circumstances. It analyzes the systemic relationship between antitrust violation proceedings, administrative infractions, and criminal offenses. The study emphases the legislator’s imperative regulation of the sequence of coercive measures applied in cases of competition rule violations. The author proposes a perspective on determining the moment an anticompetitive offense is detected, particularly for calculating reverse fines. The possibility of combining administrative and jurisdictional proceedings with criminal proceedings into a single judicial process is also explored. Given that the economy digitalization creates a new model of competition, it is proposed to introduce as an aggravating circumstance the commission of an anticompetitive action on a digital platform or using algorithms or artificial intelligence

Pledge of property as a measure ensuring compensation for harm to the victim

The article states that compensation of damage caused by a crime and defense of rights of the victim are key objectives of criminal proceedings. In some cases, even with positive post-criminal behavior, the suspect or accused may be unable to compensate for the damage due to their financial situation. To encourage positive behavior, alternative criminallegal measures should be considered. These measures could establish a structured order of payments following an agreement on harm compensation, including options for deferment or installment

The role of criminal liability for illegal possession of a vehicle

The aim of the study is to analyse the impact of criminal liability on the prevention of and counteraction to illegal acts. The article identifies legal problems and challenges associated with the application of criminal liability for the type of offences under research. The work employs the methods of legal audit, comparative and statistical analysis, research of the case law and court decisions in the EU countries. The results of the study demonstrate that the strengthening of criminal liability helps to reduce the number of cases of illegal possession of a vehicle and increase citizens’ legal awareness. The article defines the principles of legality, humanity, and justice in accordance with the introduction of criminal liability, and offers recommendations for its improvement. Special attention is paid to the development of measures for increasing the effectiveness of law enforcement in the Eastern European countries. The study also explores the role of public awareness campaigns in reducing instances of illegal vehicle possession and fostering a culture of lawfulness. It highlights the importance of integrating technological advancements into preventive strategies, such as vehicle tracking systems and digital reporting platforms. Additionally, the article examines the correlation between the severity of penalties and the recidivism rates, proposing adjustments to sentencing policies to balance deterrence and rehabilitation. The practical significance of the study is to identify opportunities for improving legal regulation and to make proposals for authorities and interested parties in order to optimize criminal legal processes. Further research should be focused on finding effective means of regulating legal liability and improving rehabilitation programmes to reduce crime rates

Judicial Statutes of 1864 and Criminal Proceedings: Historical Role and Legacy

The article reveals from a modern perspective, the historical role and significance of the Judicial Statutes adopted on November 20, 1864, which were the roots of the historical process that laid the foundation for the establishment of democratic principles of Russian criminal procedure. Among the complex phenomena and events of the judicial reform, which affected the fate of criminal proceedings, the most important will be the formation of the system and mechanism of criminal proceedings as the embodiment of judicial power, the establishment and development of the institution of jury trial as a national historical phenomenon in the Russian criminal process, the transition to the formation of a new for that era mixed historical form of criminal proceedings, as well as the introduction of true differentiation of criminal proceedings

The Issue of Individualization in Justifying the Use of Imprisonment as a Measure of Restraint in Criminal Proceedings (in the Context of Georgia)

The European Court of Human͏ Rights has made it clear in many rulings that the rule under the European Convention on Human Rights is that jail, as a way to hold someone back, should only be used in rare situations when no less harsh choice can meet the goals of the criminal process. The law about criminal procedures in Georgia shows this idea and way. But, a look at court cases and official numbers reveals that jail is the most used way to hold someone back. This might point to an issue with how well judges explain using jail in criminal cases. The problem might be tied to gaps in the laws for criminal procedures or wrong understandings of the law by judges also to missing need for judges to clearly show why they decided on jail use. It is important to highlight that the Constitution dedicates a separate article to the issues of detention and imprisonment. This underscores that the right to personal freedom is a constitutional right. “The Constitution protects individual freedom, which is guaranteed not only by substantive legal norms but also by procedural norms elevated to a constitutional level, emphasizing its special place within the system of fundamental rights”.[1] In this context, Georgian courts do not infrequently use blanket justifications, which undoubtedly presents a problem.

Legal Frameworks for AI-Driven Cybercrime Prevention

This research aims to explore the legal frameworks necessary for integrating AI-driven evidence in cybercrime prevention while ensuring the protection of privacy rights. The study examines AI's role in evidence collection, particularly focusing on the challenges of AI surveillance capabilities and the privacy concerns surrounding data gathering. Using qualitative, doctrinal, and document analysis methods, the research analyzes how different jurisdictions address the admissibility of AI evidence in criminal proceedings. The findings highlight the challenges posed by AI's opacity, the black box problem, and the reliability of AI-generated evidence. The recommendations include conducting risk assessments, limiting data collection, ensuring informed consent, and enhancing security practices. The research suggests developing international protocols for cross-border enforcement systems to address the evolving nature of cybercrime. In conclusion, this study provides insights into adapting legal standards for AI-driven cybercrime prevention while safeguarding individual privacy rights.

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.

Commitment of Fraud Activities in Relation with Corporate Governance

Corporate Governance of legal entities is very important on determination of criminal responsibility. The theory and practice of criminal law, not only in our jurisdiction but also in a wider area, has elaborated. regarding the criminal liability of legal entities, especially of well-organized companies, such as second-tier banks, for the very position they occupy in a market and in the economy of a given country. Furthermore, we would like to emphasize the distinguish of criminal responsibility of the employee (employees) and how it is combined and separated from that of the legal entity. In our analysis below, we will show the Prosecutor interpretation of the criteria provided by the special law. Specifically, articles 3 and 4 of Law 9754/2007 "On the criminal liability of legal persons", which is the legal basis on which the criminal liability of any legal organization, in the form of a legal person, is based, according to the provisions of the Civil Code, the Law on Non-Profit Organizations ( 8788/2001) and the Law on Commercial Companies (9901/2008). To this we must also add the arguments that show that the evidence brought during trial, are not placed in the context of the criminal fact alleged to have been committed by the legal entity, moreover in some cases were deliberately distorted. As we emphasized above, we think that the strategy of the investigation was clear and not in the function of providing justice, i.e. confronting the criminal responsibility of the legal entity, in order to have a future argument for a trial possible civil, to seek civil liability from the latter, in the absence of the ability to pay of the one who caused this civil and non-criminal conflict, the Company and the party itself that claims to be the victim of this criminal process. We think that, in the event that an investigation developed and defended in this trial, in function of this strategy, would create a dangerous precedent for the business environment and would make it liable not only criminally but also civilly, for any action illegal actions carried out by its employees during the exercise of their functional duties, regardless of the fact that its governing bodies have authorized it, or moreover have been aware of these actions. The article presents concrete analysis of the legal interpretation of the legal person's criminal responsibility, but also of the evidence taken during trial in its function, we would like to dwell on some general considerations of criminal theory and practice, for the criminal liability of the legal person, since it was born as such, how it has been developed and adopted in practice in our jurisdiction, after the entry into force of the law. 9754/2004 "On the criminal liability of legal entities", seeing it in the context of the charge brought by the Prosecution body, against the person protected by me, the Legal Entity.

Effects of victim offender dialogue on mental health and trauma appraisals among victims of violence

ABSTRACT This study examines the impact of Victim Offender Dialogue (VOD) on victims and survivors of violent crime. We apply a mixed methods approach to compare the experiences of survivors participating in VOD with a group of survivors who chose not to participate at three points in time. The analysis uses validated psychometric measures as well as in-depth qualitative interviews to understand the effects of VOD on victim participants’ mental health and trauma appraisals and on their satisfaction with the justice process. In this study, victim participants of VOD experienced less fear and less anger after the dialogue, as well as fewer symptoms of PTSD and depression. Further, the changes experienced by the treatment group were more significant than those in the comparison group over a similar period of time. We discuss implications for access to restorative encounters within or alongside the criminal legal process.

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.

О совершенствовании порядка хранения арестованного недвижимого имущества

Introduction. The problem of storage of seized property during pre-trial criminal proceedings not only persists, but is becoming more acute due to the increasing use of this type of criminal procedural coercive measure provided for by Article 115 of the Criminal Procedural Code of the Russian Federation. The new Rules on accounting and storage of objects and documents seized in the course of investigation but not recognised as material evidence in criminal cases until recognised as material evidence in criminal cases, adopted by the Government of the Russian Federation on 28 September 2023, do not solve this problem. Several options for solving this problem proposed by scholars are analysed. Methods. In order to solve this problem, we used dialectical, formal-logical methods, as well as the method of interpreting the legal norms of criminal procedure. Results. The article proposes and substantiates the authors’ approach to solving the problem. The essence of the proposal is that the responsible storage and operation of confiscated real estate objects should be carried out by enterprises on a contractual basis. The authors insist on the need for the Main Department of the Ministry of the Interior of Russia to conclude contracts with enterprises for the responsible storage and operation of seized real estate objects. These companies should be responsible for the storage and operation of real estate objects seized by court order until the verdict or other final decision on the criminal case is rendered.

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.

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.

ИСТОРИЧЕСКИЙ ОПЫТ И ТРАДИЦИИ РОССИЙСКОГО УГОЛОВНОГО ПРАВОСУДИЯ

Introduction: the article considers the historical experience and the current state of legal regulation of domestic criminal proceedings in the context of the influence on its reformation of national-historical traditions, mentalities and social expectations of the Russian people. It puts forward suggestions for improvements to the Criminal Procedure Code of the Russian Federation. Materials and Methods: the study employed a range of methods, including dialectical-materialistic, logical, historical, and historical-comparative approaches. Results: the analysis provided proposals for potential amendments to the Code of Criminal Procedure of the Russian Federation. Discussion and Conclusions: the proposed legislative changes are designed to reinforce the adversarial principles, humanity, and fairness of domestic criminal proceedings.

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.

The Validity of Electronic Evidence and Its Relation to Personal Data Protection

An examination of electronic evidence within the context of Indonesian criminal law focuses on the evolving role of electronic evidence in criminal proceedings, highlighting the challenges arising from the absence of clear regulation in the Indonesian Criminal Procedure Code (KUHAP) and the necessity of balancing this with privacy rights under the Personal Data Protection Law (UU PDP). Electronic evidence, such as digital data and electronic documents, is increasingly recognized under the applicable laws in Indonesia, yet its practical application remains complex within the criminal justice system. This research employs a normative legal methodology, analyzing relevant legal provisions and their interplay, particularly concerning the validity of electronic evidence and data privacy. Both statutory and conceptual approaches are utilized, reviewing primary legal materials such as KUHAP, UU PDP, and related regulations. The study also examines key legal principles, including compliance, transparency, and proportionality, in the context of handling electronic evidence. Secondary data is gathered through a comprehensive literature review, including legal texts, academic books, and journals. The findings indicate significant gaps in the current legal framework, particularly regarding the procedural norms for evidence collection and the tension between privacy rights and criminal justice needs. The research concludes with recommendations for legal reforms aimed at integrating electronic evidence more effectively into KUHAP, ensuring greater consistency, safeguarding privacy, and promoting procedural fairness in criminal proceedings.

Ruminations on the Construction of the Assistance System for Expert Supporters in Criminal Proceedings

China established the expert supporter system in the field of criminal proceedings as early as 2012. However, factors such as unclear expert qualifications, expert peer pressure and economic difficulties of the parties make it difficult for the expert auxiliary to participate in the litigation, and the parties are unable to effectively cross-examine the expert opinions involving specialized issues. The construction of the criminal expert aid system is an effective means to solve the above dilemma, through the state aid to resolve the parties to hire experts, to ensure that the expert aid actually participate in the litigation, to protect the substantive equality of the litigation, so that the expert aid system is no longer just a “law within the book”. This article puts forward some specific ideas on the assistance system for expert supporters in criminal proceedings, with a view to improving and reforming the expert supporter system in China, by drawing on relevant systems at home and abroad.

Оценка достоверности заключения эксперта

The article considers one of the elements of evaluating evidence in criminal proceedings — reliability. The reliability is revealed by the example of an expert opinion as an independent evidence in a criminal trial. The author of the article has developed criteria for assessing the reliability of the expert’s opinion, studied the main approaches to the concept of reliability in the theory of criminal procedure. The object of the conducted research is public relations related to the assessment of the expert’s opinion for its reliability. The purpose of the study is to analyze approaches to the concept of reliability in criminal proceedings, as well as to develop criteria for the reliability of an expert’s opinion. Of the methods used in the study, a dialectical method based on the knowledge of social and legal reality should be singled out separately. The following general scientific methods were used: analysis, synthesis, induction, deduction. Among the private scientific ones: sociological (when conducting a survey), mathematical (when processing data obtained from the results of the survey), systemic (when studying the place and role of reliability in the system of elements of evidence assessment), as well as the axiological method of scientific research.

К вопросу об эффективности проведения следственных действий посредством видео-конференц-связи при обеспечении безопасности участника уголовного судопроизводства

The article discusses the issue of using video conferencing when conducting investigative actions in the context of state protection of participants in criminal proceedings. An analysis of the application of individual state protection measures was carried out. It has been revealed that the implementation of investigative actions through videoconferencing increases the effectiveness of the application of certain measures of state protection and, in general, ensuring the safety of participants in criminal proceedings. A theoretical conclusion has been made about the need to make amendments to the current legislation indicating, as a separate measure to ensure the safety of a participant in criminal proceedings subject to state protection, the conduct of investigative actions through the VSK.