{"title":"From the Rejection of Court Disqualification to the Change of the Territorial Jurisdiction","authors":"A. Taran","doi":"10.18572/2072-4152-2021-2-22-26","DOIUrl":"https://doi.org/10.18572/2072-4152-2021-2-22-26","url":null,"abstract":"The author refers to the institution of rejection as one of the most important guarantees of the independence of judges. The relevance of this research is due to the need to study and demonstrate the mechanism of influence of the ECHR decisions on Russian legislation and law enforcement practice. The article tracks the recent change in the position of the Supreme Court of the Russian Federation on the issue of rejection judges due to the special status of the person whose interests are affected by the criminal case under consideration/. In particular, it can be the status of a judge, a high position in law enforcement agencies and so on. The specificity of this rejection is to extend to the entire composition of the court, which makes it necessary to change the territorial jurisdiction. The author concludes that the fixing in part 1 of art. 35 of the Criminal procedure code of such a reason change territorial jurisdiction, as «the existence of circumstances that may cast doubt on the objectivity and impartiality of the court» has not eliminated entirely the need for use of the institution of rejection.","PeriodicalId":405319,"journal":{"name":"Justice of the peace","volume":"16 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-02-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127966921","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"A Justice of the Peace Court as a Regulator of Criminal Procedure Relationships Containing Right Abuse Attributes","authors":"D. Donika","doi":"10.18572/2072-4152-2021-2-3-8","DOIUrl":"https://doi.org/10.18572/2072-4152-2021-2-3-8","url":null,"abstract":"The article deals with the problem of abuse of subjective right in criminal proceedings at the stage of preliminary investigation. Based on a comparative analysis and study of foreign scientific literature, conclusions are drawn about the state of the issue under study in Russian criminal proceedings. Attention is focused on the need to work out procedural response measures by providing the magistrates’ courts and courts in general with additional, normative legal opportunities in order to effectively exercise judicial control at the pre-trial stage of the investigation in cases of abuse of law on the part of participants in the process.","PeriodicalId":405319,"journal":{"name":"Justice of the peace","volume":"17 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-02-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125099502","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Issues of Demarcation of Material Elements Stipulated by Art. 322.3 of the Criminal Code of the Russian Federation and Part 2 Art. 19.27 of the Administrative Offense Code of the Russian Federation","authors":"M. Yusupov","doi":"10.18572/2072-4152-2021-2-27-32","DOIUrl":"https://doi.org/10.18572/2072-4152-2021-2-27-32","url":null,"abstract":"The article discusses the issues of delineation in the qualification of a criminal offense under Article. 322.3 of the Criminal Code, and an administrative offense under Part 2 of Art. 19.27 Administrative Code of the Russian Federation. In both adjacent structures, liability is established for similar illegal actions in the implementation of migration registration. Criteria are formulated by which a criminal offense should be distinguished from administrative tort.","PeriodicalId":405319,"journal":{"name":"Justice of the peace","volume":"54 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-02-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114754734","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Appeal of Special Court Rulings by an Investigator","authors":"T. V. Cheremisina","doi":"10.18572/2072-4152-2021-2-9-16","DOIUrl":"https://doi.org/10.18572/2072-4152-2021-2-9-16","url":null,"abstract":"In the article, taking into account the latest regulatory framework, investigative and judicial practice, the results of scientific research and the author’s practical experience, the practice of appealing against private court decisions (rulings) by investigators is considered. Actual practical examples are given, including decisions of courts of appeal. Investigators are offered practical recommendations on how to appeal court decisions.","PeriodicalId":405319,"journal":{"name":"Justice of the peace","volume":"56 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-02-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124976002","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}