Stage Of Proceedings Research Articles

Оpening of proceedings in civil and economic proceedings: a comparative aspect

The article provides a comparative analysis of the problems of opening proceedings in civil and economic processes. The procedural norms of the EU member states, which regulate the procedure for opening proceedings in civil and economic processes, have been analyzed. It is additionally substantiated that the opening of the proceedings in the case is the first stage of proceedings in any private law case considered by the court. Every person has the right to apply to the court if he needs the protection of his rights, in case of their violation, non-recognition or appeal. It has been proven that the presence of such a procedural stage as the opening of proceedings in the case is important in view of checking the compliance of the content and form of the claim statement with the requirements of the law, as well as clarifying the procedural legal personality and in order to prevent abuse of the right to defense. A comparative analysis of the norms of the Civil Procedural Code of Ukraine and the Economic Procedural Code of Ukraine was carried out, which made it possible to single out the following common features: the opening of the proceedings is singled out as a stage within the framework of the legal proceedings; to open a proceeding, a person must file a lawsuit, in which he can request a simplified proceeding; control powers are provided in the court to verify compliance of the claim with procedural requirements, while the same period (five days) is provided for issuing a decision on leaving the claim without movement, changes were simultaneously made to the analyzed procedural codes regarding control over the registration of the electronic cabinet by the plaintiff; judicial control is provided for the compliance of the claim with the requirements of the procedural legislation in the relevant proceedings; in the case of leaving the statement of claim without movement due to deficiencies that can be corrected, the same period for their elimination is given - ten days; similar additional grounds for returning claims, etc. are defined. Differences in procedural norms regarding the opening of proceedings are highlighted. It is substantiated that the opening of the proceedings in the case is a separate stage of the civil process, which is important in view of the realization of a person’s right to judicial protection, which implements the primary tools of judicial control aimed at guaranteeing the balance of private and public interests, in particular the right to fair judicial protection and prevent abuse of the person’s right to defense.

PROBLEMS OF ENSURING THE RIGHT TO AN EFFECTIVE REMEDY IN CRIMINAL PROCEEDINGS IN THE COURT OF FIRST INSTANCE

The article is devoted to the study of practical problems of exercising the right to an effective remedy in criminal proceedings in a court of first instance. An analysis of the case law of the European Court of Human Rights has made it possible to state that the right to an effective remedy is enshrined in the provisions of the Convention for the Protection of Human Rights and Fundamental Freedoms, which in turn obliges the State parties to introduce mechanisms for effective legal protection of human rights and freedoms at the national level. An analysis of the domestic regulatory framework suggests that the ineffectiveness of the right to an effective remedy is due to the failure of the criminal procedure legislation of Ukraine to fulfil one of its main tasks - ensuring due process of law. The absence of proper regulation of the procedure for appealing against decisions, actions or omissions during the preparatory proceedings by the participants of the court proceedings is the main cornerstone that falls apart the entire mechanism for exercising the right to an effective remedy at this stage of the proceedings, as provided for in part 2 of Article 303 of the CPC. Based on the theoretical works of scholars and analysing the doctrinal provisions on the interpretation of the concept of "effective remedy", the author offers her own solution to the identified gaps and shortcomings in the practical implementation of the right to an effective remedy at the stage of preparatory court proceedings and court proceedings on the merits of criminal proceedings. The first way is to regulate at least a certain list of issues which may be subject to appeal at the stage of preparatory court proceedings at the level of law, based on the analysis of case law, scientific developments, the essence of the issues which may be subject to appeal, the consequences and expediency of their resolution at this stage of proceedings, and to leave all other complaints for consideration by the court. The second way is to provide for issues that cannot be appealed at this stage of the proceedings, such as, for example, the issue of appealing against procedural actions that entail inadmissibility of evidence, since this issue will be the subject of consideration in the trial on the merits, and all other complaints filed should be considered without delay. The article also draws attention to the urgent need to address the problem of appealing against the denial of a motion to close criminal proceedings, as this leads to a violation of the rights of the accused, since he or she is unable to effectively defend his or her interests. To solve this problem, it is proposed to amend the legislation, namely: to supplement Article 380 of the CPC of Ukraine with a provision that would allow a separate appeal against the refusal to satisfy the motion to close the criminal proceedings, and to clearly define the terms and procedure for appealing against such a refusal. Keywords: criminal proceedings, court proceedings, remedy, effective protection of rights, protection of rights, human rights, legal protection.

Przesłuchanie świadka w procesie karnym w trybie art. 185e Kodeksu postępowania karnego

The article analyses the new special procedure for hearing witnesses in criminal proceedings under Article 185e of the Polish Code of Criminal Procedure, based on the model in pre-trial investigation. The provision discussed is part of a wide-ranging amendment of the so-called anti-violence act 2.0. The authors consider the currently applicable catalogue of activities that the courts undertake in pre-trial investigation, and subsequently analyse the special hearing procedure under Article 185e of the Code of Criminal Procedure, which is a new procedure for the courts in pre-trial investigation. The authors of this article believe this amendment should be evaluated as positive, because it makes the justice system more friendly to the excluded. Furthermore, this is a starter for a discussion on changing the judicial review model in pre-trial investigation and specifying the role of authorities taking part at this stage of proceedings.

Procedural Obstacles in Cases of Appealing Decisions, Actions, Inaction of the National Agency for on Corruption Prevention

The relevance of the article lies in the fact that fair and correct resolution of administrative cases involving appeals against decisions, actions and omissions of the National Agency for the Prevention of Corruption is possible only if all the principles of administrative justice are observed. Good faith in the exercise of procedural rights and strict observance of obligations by all participants to administrative proceedings is defined as one of the principles of administrative justice, and its observance plays a key role in achieving the objective of administrative justice. The purpose of the article is to analyze procedural obstacles, in particular, abuse of procedural rights, in the course of consideration of cases involving appeals against decisions, actions and inactions of the National Agency for the Prevention of Corruption. The study applies dialectical, formal legal, comparative legal, logical and semantic, statistical methods of scientific knowledge, as well as methods of observation, forecasting, classification and grouping, and prediction. The author examines certain aspects of the organization and activities of the National Agency for the Prevention of Corruption. It is proved that the most common administrative cases involving appeals against decisions, actions or omissions of the NAPC are the recognition as unlawful and the reversal of the decision of this public administration entity on the results of a full verification of the declaration of a person authorized to perform the functions of the State or local self-government. It is emphasized that procedural obstacles may arise during consideration of cases involving appeals against decisions, actions, and inactions of a public authority. The author examines such a procedural obstacle as abuse of procedural rights. The author analyzes the dual aspect of abuse of procedural rights, in particular, the substantive and procedural aspects. The author establishes that abuse of procedural rights which have a substantive legal aspect may arise when applying to an administrative court. It is noted that the procedural and legal aspect is related to the abuse of procedural rights at various procedural stages of administrative proceedings to appeal against decisions, actions and inactions of the NAPC, in particular: 1) opening of proceedings; 2) preparatory proceedings; 3) consideration of the case on the merits; 4) adoption and adoption of a court decision. The author provides the stages at which abuse of procedural rights may occur, given that the case is considered in the form of general action proceedings by the court of first instance. Based on the study, the author formulates conclusions and provides recommendations that abuse of procedural rights as a procedural obstacle in administrative cases concerning appeals against decisions, actions, and inactions of the NAPC may have a dual purpose: to create procedural obstacles and to delay the consideration of a case. The application of procedural consequences by the court depends on the type of abuse of procedural rights committed at a particular stage of the proceedings.

Jura Novit Curia and the European Court of Human Rights

Abstract This article provides the first in-depth analysis of the European Court of Human Rights’ treatment of the jura novit curia principle. It explains how and why it has been used more frequently over the past 10 years, provides a classification of the case law and critically analyses the existing legal issues and debates that have emerged from the jurisprudence and doctrine. In particular, the 2018 Grand Chamber judgment Radomilja v. Croatia has brought jura novit curia and its potentially controversial role in the interpretation of the European Convention on Human Rights to light. Overall, this article demonstrates that this seemingly anodyne and previously understudied principle reveals conflicting views regarding the functions and purposes of the European Court of Human Rights’ human rights jurisprudence. I argue that the Strasbourg judges should be careful to use the principle consistently and refrain from overusing it, especially in the later stages of proceedings and in order to reduce its case docket.

Альтернативні способи вирішення митних спорів

The article is devoted to clarifying the nature and features of legally established alternative ways of resolving customs disputes in Ukraine. The spheres of application of alternative ways of resolving legal disputes are established. It is emphasized that alternative ways of resolving legal disputes can be used in both private and public spheres. Alternative ways of resolving customs disputes in court are identified: dispute resolution with the participation of a judge and conciliation of the parties. The specifics of these methods of resolving customs disputes are described. Attention is drawn to the fact that among scholars there is no single approach to understanding the nature and legal nature of the institution of dispute resolution with the participation of a judge. It is concluded that dispute resolution with the participation of a judge is an independent way of resolving customs disputes, which is coordinated directly by the judge. It is pointed out that the application of the institute of dispute resolution with the participation of a judge in customs disputes is limited, namely: in cases at the request of customs authorities in the exercise of their statutory powers and in typical cases. It is emphasized that the role of the institution of conciliation of the parties as a way of resolving customs disputes is that its application is possible at any stage of proceedings in customs disputes in the administrative proceedings of Ukraine. The author’s understanding of the following categories is given: «alternative ways of resolving customs disputes» is a set of procedures aimed at peaceful settlement of conflicts by mutual will of both parties; «settlement of a dispute involving a judge» is a way of resolving customs disputes involving a judgerapporteur for the peaceful settlement of the conflict between the parties; «reconciliation of the parties» is a way of resolving customs disputes, which is aimed at peaceful settlement of the conflict in court by mutual will of both parties. It is stated that in resolving customs disputes in court, dispute resolution with the participation of a judge can be applied only before the trial on the merits, and conciliation of the parties – at any stage of consideration and resolution of the case. It is noted that the existing legal regulation of alternative ways of resolving customs disputes needs to be updated, harmonized and systematized. In order to ensure effective functioning of alternative methods of resolving customs disputes in Ukraine, it is proposed at the legislative level to provide that in addition to administrative and judicial procedures, customs disputes may also be resolved using alternative methods and regulate pre-trial and judicial alternatives.

ИШНИ СУДГА ҚАДАР ЮРИТИШДА ҲИМОЯЧИ ФАОЛИЯТИДА ТОРТИШУВ ПРИНЦИПИНИНГ ТАЪМИНЛАНИШИ АҲАМИЯТИ

This article reveals the content of adversarial principle, which is one of the criminal procedural principles, the essence of its validity in the criminal process at the stages of proceedings in court, as well as its importance in the activities of defense counsel. During the study of pre-trial proceedings, the scientific-theoretical views of domestic and foreign legal scholars on the essence and significance of the defense lawyers activities, and the legislation of foreign countries in this area were discussed and analyzed in detail. Since in our criminal procedural legislation the scope of the adversarial principle is limited, one of the main purposes of this article is to expand its scope, in particular, the application of the adversarial principle in pre-trial proceedings. As a result of the analysis, scientifically substantiated proposals were made to amend our legislation with regard to the title of Article 25 and to strengthen norms of Part One of the CPC in a new edition. In order to ensure the principle of equality and adversarial proceedings in pre-trial procedures, the successful implementation of impartial judicial control over the prosecution and the defense, as well as expanding the rights of defense counsel, Articles 28 and 29 of the CPC of the Republic of Uzbekistan were revised. When writing the article, the methods of comprehensive research of comparative legal, logical (analysis and synthesis) scientific sources of knowledge were widely used.

The legal nature of verifi cation activities under Article 307(5) of the Polish Code of Criminal Procedure of 6 June 1997

This article discusses an issue associated with verifi cation proceedings in the Polish Code of Criminal Procedure. It attempts to determine the legal nature of activities related to the “verifi cation of one’s own information”, referred to in § 5 of the Code of Criminal Procedure. Although verifi - cation proceedings have become the subject of numerous publications and studies, the link between the “verifi cation of one’s own information” and “verifi cation roceedings” has not been determined, similar to the nature of § 5 mentioned above has not been established eithe Therefore, this article seeks to determine whether the activities referred to in Article 307(5) of the Code of Criminal Procedure form a part of verifi cation proceedings or whether they are distinct from this stage of proceedings and whether they impact such proceedings. Furthermore, the discussion covers also the consequences of a situation in which information about an offence, obtained through a traditional report or from other sources, is not confi rmed. In particular, this article analyses a situation in which a refusal to initiate an investigation is issued.

Suspect’s access to a lawyer at an early stage of criminal proceedings in view the case-law of the European Court of Human Rights

Access to a lawyer at the pre-trial stage of proceedings is an essential component of the right to defense in criminal proceedings and the right to a fair trial. Access to a lawyer enables the accused to make a good decision for his her defence. At present, there is no doubt that prompt access to a lawyer constitutes an important counterweight to the vulnerability of suspects in police custody, ensures equality of arms and provides a fundamental safeguard against coercion. This study analyses a suspect’s right to access to a lawyer at the initial stage of criminal proceedings in the case law of the European Court of Human Rights. The first part of the article provides an analysis of the understanding of the right to a lawyer at the pre-trial stage as applied by the ECtHR prior to the Salduz case. This period in the ECtHR’s case law was characterized by a lack of precision as to the temporal limits of the right laid down in Article 6 § 3 (c) of the ECHR. The next part shows the changes brought about by the judgment in the Salduz case regarding the protection of suspects and ensuring their right to counsel. It is argued that the Salduz doctrine not only covered the suspect’s access to a lawyer at the initial stage of the pre-trial proceedings, but also stressed the obligation to inform the suspect of his or her rights, including the right to remain silent. An important element of the Salduz doctrine was the possibility to eliminate evidence obtained during an interrogation conducted at an early stage of the pre-trial proceedings in the absence of a defense counsel. Further, the paper argues that the standard set out in the judgment in the Salduz v. Turkey case was confirmed in a number of rulings. The fourth part of the paper draws attention to the erosion of the Salduz standard that occurred with the judgment in the Ibrahim and Others v. the UK case. The article also brings into focus recent judgments of the ECtHR which have reinforced the view expressed in the Ibrahim and Others v. the UK case concerning a test of fairness of a trial as whole. It is underlined in the conclusions that recent ECtHR’s case law does not provide any cause for optimism regarding legal assistance at an early stage of criminal proceedings.

FOSTERING BY CAREGIVERS WITH NO COMMON-LAW DUTY OF SUPPORT: AT LAST, SOME CLARITY IN THE LAW SS v Presiding Officer, Children’s Court, Krugersdorp 2012 (6) SA 45 (GSJ)

Some serious shortcomings in foster care law which adversely affected large numbers of children have been addressed recently in SS v Presiding Officer, Children’s Court, Krugersdorp (2012 (6) SA 45 (GSJ), hereinafter SS) and Manana v Presiding Officer, Children’s Court, Krugersdorp (SAFLI I (A3075/2011) [2013] ZAGPJHC 64 (12 April 2013), hereinafter Manana). For reasons of scope, and because the issues were somewhat different, the discussion below primarily offers an analysis of the former judgment. As will be seen, SS provided the first reported solutions to some severe problems affecting numerous children and is thus worthy of consideration in its own right. By way of background, one consequence of the AIDS pandemic in South Africa is that many children are left to be nurtured by extended family members or non-relatives, rather than by biological parents. Substitute caregivers often have limited financial means and apply to children’s courts to be designated as foster parents. Where they are successful they become eligible for monthly fostercare grants paid by the state. The best available legal ground for many foster-parent applications is contained in section 150(1)(a) of the Children’s Act 38 of 2005 (the “Act”). Unfortunately, this provision has proved difficult for children’s courts to interpret. It sets as a ground for a child being “in need of care and protection” and thus eligible for foster care: “if, the child has been abandoned or orphaned and is without any visible means of support”. One uncertainty has been whether a child can be found to be abandoned in terms of this provision if currently receiving substitute care volunteered by a caregiver who has already replaced a parent. The phrase “without any visible means of support” has also been difficult tointerpret. It is unfortunate that in selecting this phrase the legislature relied on a vague, centuries-old description by English vagrancy law. Children’s court magistrates have understandably varied in their interpretations of section 150(1)(a). This has led to discrepancies in its application. A negative consequence has been that impoverished carers whose nurturing skills render them suitable parent substitutes sometimes fail in attempts to achieve foster-parent status. Vulnerable abandoned and orphaned children are then left with neither foster-care grants nor caregivers who can properly exercise parental responsibilities. This unfortunate situation, which is obviously not inthe best interests of children, has been a major concern for the department of social development. In SS, Saldulker J provided the first reported interpretation of section 150(1)(a). It will be shown that, although some issues were insufficiently dealt with, the judgment has brought much-needed clarity on several crucial aspects of foster-grant eligibility. It has also provided guidelines for eligibilityof foster-parent applicants who do not have a maintenance obligation in respect of the child. It has additionally provided directions for practitioners (particularly children's court magistrates and social workers) on evidence requirements and stages of proceedings in foster-care applications.

Przebieg postępowania w sprawach o wydanie dziecka w trybie Konwencji dotyczącej cywilnych aspektów uprowadzenia dziecka za granicę sporządzonej w Hadze 25.10.1980 r. przed sądem I instancji – zagadnienia wybrane

The purpose of this publication is to analyse the proceedings in cases relating to surrender of a child under the Hague Convention on the Civil Aspects of International Child Abduction, done at The Hague on 25 October 1980, in comparison to the provisions of the Code of Civil Procedure and the Act of 26 January 2018 on the Performance of Certain Activities of the Central Authority in Family Matters in the Field of Legal Transactions under European Union Law and International Agreements. The research I have carried out, and the conclusions I have drawn from it, are based on an empirical analysis of the court files made available to me by the district courts and the relevant divisions of those courts that adjudicate in cases for ordering the return of a person subject to parental custody or guardianship abroad and in cases for forcibly removing a person subject to parental custody or guardianship abroad. The aim of this analysis was to provide a comprehensive overview of the proceedings before the Polish court conducting the case, including the proceedings before the court of first instance. My main assumption was to focus on the utilitarian character of the existing solutions and on their use at particular stages of proceedings by means of appropriate procedural and non-procedural tools.

Уголовно-правовая охрана свободы личности подозреваемого, обвиняемого и осужденного

The criminal-legal influence exerted on a person must be legal and justified, and the constitutional right of a person to inviolability must be reliably protected. Law enforcement practice shows that the rights of a person involved in criminal repression are especially vulnerable. Violations of personal freedom can be committed not only during the preliminary investigation, but also at the stages of proceedings in court and the execution of a sentence. Increasing the effectiveness of criminal law protection of the constitutional right to liberty and security of a person is possible provided that one refers not only to the Criminal Procedure Code of the Russian Federation, but also to other normative grounds for its permissible restriction, as well as to the mechanism of possible encroachments on the part of law enforcement officials and judges. The aim of the study was to identify threats to personal freedom in the sphere of criminal proceedings and the execution of sentences, which had not previously been an object of a study. Drawing attention to the existing gaps, the authors formulate a consistent and scientifically grounded proposal to improve the criminal law protection of the inviolability of the suspect, the accused, and the convicted. The methodological basis of the research was formed by dialectics as a doctrine of the development and interconnection of social phenomena. To achieve the aim, a normative approach was used in conjunction with general (analysis, synthesis, induction, deduction, formal-logical, structural) and specific (formal-legal, comparative) research methods. The authors show that the Penal Code of the Russian Federation allows the detention of convicts who maliciously evade the execution of punishment for up to 48 hours. This period can be extended by the court up to 30 days. In accordance with Paragraphs 18 and 18.1, Art. 397, of the Criminal Procedure Code of the Russian Federation, a convicted person hiding in order to evade serving a sentence and on other grounds specified in the law may be detained, but for not more than 30 days. Based on the analysis of judicial practice and scientists' positions, the authors of the article come to the conclusion that it is advisable to extend the prohibition contained in Art. 301 of the Criminal Code of the Russian Federation not only for the unlawful detention of a suspect and its extension, remand during the preliminary investigation, but also for the deliberately unlawful detention, its extension, and remand of a convicted person. Interpretation of Art. 301 of the Criminal Code of the Russian Federation as providing for responsibility and for knowingly illegal detention and its extension or remand of a convicted person is socially conditioned, and also complies with both the text of this norm and its place in the structure of the Special Part of the Criminal Code of the Russian Federation and in the chapter on encroachments on the interests of justice.

Realizacja prawa do sądu w sprawach aktualizacji opłaty rocznej z tytułu użytkowania wieczystego jako spraw o charakterze cywilnym

Proceedings relating to adjustment of annual fees for perpetual usufruct of land, which are regulated in the Act of 21 August 1997 on Property Management, have a special nature. Although they concern a civil law phenomenon, that is, perpetual usufruct of land, the power to adjudicate in cases of this kind at the first, administrative, stage of proceedings was vested with local government board of appeals, that is, public administration authorities. It is an exceptional situation in administrative law. Moreover, even at the stage carried out by local government boards of appeals, the proceedings relating to fee adjustment do not have a purely administrative character, but display a mixed, civil and administrative character. This is proven, among other things, by the fact that the right to appeal the board’s decision is enjoyed not only by the perpetual usufructuary, but also the owner of the land. For these reasons, the legal construction of annual perpetual usufruct fee adjustment, as adopted in the Act on Property Management, gives rise to a number of doubts relating to its application. They appear both in the practice of local government boards of appeals and in the judgments of civil and administrative courts. The aim of the study is to show how the particularities of this procedure affect one of the fundamental rights of the individual, i.e. the right to a fair trial (before a competent court), and to determine whether the solutions provided by the law give sufficient guarantee of its fulfilment. The answers should be sought mainly in case law of administrative courts. In the author’s opinion, an analysis of this case law leads to the conclusion that a case concerning adjustment of the annual fee, despite the particularities of the proceedings, remains a civil case at every stage. This in turn leads to the conclusion that it is unjustified for the local government boards of appeal to issue decisions ending the proceedings in such matters in a formal manner, i.e. decisions of a purely administrative nature.

Interaction of investigation procedures and disciplinary proceedings in student’s disciplinary cases (selected issues)

The article is devoted to presenting connections between interaction of investigation procedures and disciplinary proceedings as two stages of proceedings in student’s disciplinary cases. Considerations included in this article are subordinated to assumption, according to which the actual shape of the interaction mentioned above is determined by the way in which the issue of the scope of the interaction of investigation procedures is resolved as well as the impact of the actions taken in these proceedings on the examination of the case in disciplinary proceedings. The analysis of the first of the issues mentioned above gives ground for statement that regulation included in the Act on Higher Education and Science (according to which – returning the petition for punishment in order to complementing the investigation procedures) leads directly to increasing the burden of proof of the investigation procedures in terms of substantive examination of the student’s disciplinary case. The legal solution indicated above determines the wide scope of consolidation of evidences for the Disciplinary Board during the investigation procedures; in fact subject to disproportionate expansion and prepares a disciplinary case for resolution by this committee. This assessment is supported by regulating the impact of the evidence that was perpetuated in investigation procedures on the examination and adjudication of the case in disciplinary proceedings. It resulting in a wide-ranging possibility of using this evidence as a basis for a judgment on disciplinary liability.

In search of an ideal model of disciplinary proceedings against students in Poland

The purpose of the article is to present the rights and obligations of participants in the proceedings, a model of disciplinary proceedings against students, the functions of disciplinary proceedings and its stages in proceedings before the disciplinary ombudsman and the disciplinary commission. The author analyzes statistical data of disciplinary matters at the Jagiellonian University. The author indicates that this procedure is extremely formalized and it is very often difficult to hold a student disciplinary liability. In addition, the analysis of the rulings leads to the conclusion that the penalties imposed in this disciplinary proceedings are not detrimental to the accused.

Granting the Academic Title of Professor. Some Reflections on the Regulations Contained in Law on Higher Education and Science

AbstractThe Law on Higher Education and Science of 20 July 2018, entered into force on 1 October 2018, introduced changes concerning the prerequisites for the acquisition of the academic title of professor and the procedure for awarding it. The stage of proceedings before the board of an organisational unit (e.g. Faculty Council) was also abandoned, which in fact led the procedure beyond the ‘walls of the university’ and limited it to the stage of proceedings before the Council of Scientific Excellence. The author considers selected issues relating to the Professor’s academic title, concerning the premise for awarding it, the course of the proceedings in this subject and the entities taking part in them, as well as the role played by the President of the Republic of Poland in these proceedings. As a result of the considerations conducted, the author assumed that the most far-reaching change was the legislator’s resignation from the stage of proceedings before the council of the entity from which the candidate for the title of professor had come from, assuming that the role of the President of the Republic of Poland in this process had not undergone any significant changes. He remains bound by the opinions of the reviewers appointed by the Council of Scientific Excellence and its position expressed in the administrative decision issued on the application for the academic title. In accordance with the viewpoint of the author, due to the resignation of the legislator from the stage of proceedings before an individual’s council, the opinions of the reviewers expressed in the justification of the Council of Scientific Excellence decision are now, in principle, the only emanation of the assessment of the scientific community expressed in this procedure.

Polysemia as a defect of criminal procedure law

The article is devoted to the identification of characteristic features of legislative defects caused by regulatory legal acts (or within legislative acts) of terminological interpretations that are ambiguous. Polysemy quite often has a negative impact on the universal conceptual-categorical apparatus. Attention is drawn to the fact that the homogeneity of the subject matter of the legal regulation requires the maximum terminological clarity, since the context of the individual legal relations is not in itself sufficiently pronounced to provide a clear delineation of the meaning of the ambiguous term. The manifestations of normative polysemy only reduce the clarity of the law and create difficulties in law enforcement, including in the field of criminal justice. The manifestation of polysemy in criminal procedural law is considered on the example of the ambiguous legal term "reconciliation", the definition of legal meaning of which is determined only by the context of its use. In addition, the study draws attention to the fact that in the criminal procedural legislation there are cases where the problem of polysemy is not solved by taking into account the contextual meaning, and the use of means of interpreting the text of the law does not provide a clear answer. This situation is illustrated by an example of the use by the legislator of the identical terminological designation "trial" both for the name of the stage of proceedings in the court of first instance, and for the name of its separate (second) stage, which involves the examination of evidence. Suggestions are made to eliminate and overcome the described legislative defects.

Digitalization of the Initial Stage of Criminal Proceedings as a Necessary Means of Ensuring the Rights of Victims

The paper deals with the problems related to the protection and enforcement of the rights of the victim during acceptance, registration and examination of reports of crimes at the initial stage of criminal proceedings. The author substantiates the necessity of improving the practice of initiation of criminal proceedings, the judicial data for the purpose of precise implementation of Art. 52 of the Constitution of the Russian Federation, as well as proposals on digitalization at this stage of criminal proceedings. The author emphasizes that criminal proceedings should be considered as a uniform state power activity, beginning with a report on the committed crime and ending with the final resolution of all substantive and procedural issues arising in the case. In view of this, the process of digitalization of criminal proceedings should be based on a single platform linking not only all stages of the proceedings, but also officials of any of the departments carrying out certain phases of this activity. Such a platform should comply with the statutory framework, be accessible to all participants in the process whose rights and interests are affected by the activity under consideration. The platform should represent a flexible digital system that secures the secret of production with regard to some parameters, including investigatory privilege, protection of the honor and dignity of a person, his or her right to privacy, family and other secrets protected by law. But according to other parameters it should be accessible for the person involved in this proceeding, his advocate and representative. In addition, according to certain parameters complying with the law, this platform should also be accessible for other persons to conduct research and to summarize the practice of criminal proceedings in the past; for the media providing the public with access to information about the proceedings in certain cases or in the public debate on certain legal issues, and it should be available to enforce protection of human rights in the field of criminal proceedings, etc.

La inmersión en un proceso durante todo el curso

It is undeniable the effectiveness of practical teaching in Procedural Law, therefore a teaching method is set out in this paper which combines the diverse tools of learning by doing which currently tend to be used as a complement of teaching. The model presents the approach of a group work dynamic to carry out during the completely academic year, where would be analyzed cases studies through role-plays since pre-trial stage of proceedings until final judgment, with the intention to obtain optimal learning results

ABOUT FORENSIC EXPERT PARTICIPATION IN CASES OF ADMINISTRATIVE OFFENSES

The authors allocate in administrative proceedings in cases of administrative offenses among other participants to a forensic expert who takes a special place in this process and give a description of legal status of forensic expert in cases on administrative offenses taking into account the peculiarities of expert involving stage in administrative proceedings. The authors emphasize that at various stages of administrative proceedings a forensic expert performs one function: performing examination. At the central stage of administrative proceedings, namely consideration of the case on an administrative offense and adoption of the resolution therein by authorized authority to consider an administrative offense. If there is a need to use of special knowledge, forensic examination is assigned and opportunity is provided to expert to exercise procedural rights and obligations and submit examination conclusion as a result of expert research. Decision on forensic examination assignment in cases of administrative offenses in the jurisdiction is usually performed in resolutions of the authorized authority (official) that is in charge of proceedings administrative offense. Expert conclusion is an independent means of proof in administrative proceedings. Structure complexity of expert conclusion as a procedural document lies in the fact that it derives from the structure of a special forensic research, since it reflects its features. Expert conclusion is subject to investigation and verification by the court and actual data contained therein are judged by general rules, since they are actual data about certain circumstances of objective reality. It is concluded that participation of expert in proceedings on administrative offenses at the present stage is as fully possible realized at the second central stage of proceedings in consideration of case on administrative offense.