Courier of Kutafin Moscow State Law University (MSAL))最新文献_第6页

The phenomenon of psychological reliability of the testimony of a minor participant in criminal proceedings 刑事诉讼中未成年参与者证词的心理可靠性现象

Courier of Kutafin Moscow State Law University (MSAL)) Pub Date : 2024-05-16 DOI: 10.17803/2311-5998.2024.113.1.179-187

A. A. Tuzova, L. V. Gaivoronskaya

{"title":"The phenomenon of psychological reliability of the testimony of a minor participant in criminal proceedings","authors":"A. A. Tuzova, L. V. Gaivoronskaya","doi":"10.17803/2311-5998.2024.113.1.179-187","DOIUrl":"https://doi.org/10.17803/2311-5998.2024.113.1.179-187","url":null,"abstract":"This article provides a justification for the insolvency of the phenomenon of psychological reliability of the testimony of a minor participant in criminal proceedings in the light of current legislation and the existing level of scientific development. The study contains an analysis of the proposed concepts of psychological reliability, as well as foreign experience in their application.The main reason for the illegality of the appointment and production of expert examinations of the reliability of the testimony of minors is that the expert is not classified by the criminal procedure law as a subject of evidence assessment. In addition, the results of investigative actions cannot be the subject of expertise within the meaning of the norms of Federal Law No. 73-FZ “On State Forensic expertise in the Russian Federation”.The conclusions based on the results of the reliability examinations cannot be called justified due to the lack of a sufficiently developed scientific and practical base for such studies.The authors present a legally acceptable and effective form of using special knowledge in the process of forming, using and evaluating the testimony of juvenile participants in criminal proceedings. It is proposed to identify the individual psychological characteristics of a minor through expert research in order to further take these results into account by appropriate assessment subjects when deciding on reliability.","PeriodicalId":508920,"journal":{"name":"Courier of Kutafin Moscow State Law University (MSAL))","volume":"118 21","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140967613","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}

引用次数: 0

Procedural Significance of the Audio Recording of the Court Record 法庭记录录音的程序意义

Courier of Kutafin Moscow State Law University (MSAL)) Pub Date : 2024-05-16 DOI: 10.17803/2311-5998.2024.113.1.172-178

D. V. Tatyanin

{"title":"Procedural Significance of the Audio Recording of the Court Record","authors":"D. V. Tatyanin","doi":"10.17803/2311-5998.2024.113.1.172-178","DOIUrl":"https://doi.org/10.17803/2311-5998.2024.113.1.172-178","url":null,"abstract":"The article analyzes the problem of the possibility of using audio recordings of the minutes of the court session in the process of proving criminal cases. The author tries to define the definitions of the minutes of the court session in criminal proceedings. Based on the conducted research, the author concludes that in relation to criminal proceedings, the minutes of the court session drawn up at all judicial stages and in all proceedings cannot have different meanings and should definitely be considered as evidence. The use of the audio recording of the court session is aimed at ensuring a valid reflection of what is taking place in the court session, which should be reflected accordingly in its protocol. However, as practice shows, the minutes of the court session do not always reflect the content of the audio recording, which initially calls into question the correctness and quality of the minutes of the court session, reflecting the course of the trial in it. The legislator does not require full reflection of the audio recording in the minutes of the court session, which allows the court, when challenging the inconsistency of the minutes of the court session with its audio recording and the need to make changes and additions to it in this regard, to refuse to satisfy the petition in this regard. that the full compliance of the minutes of the court session with its audio recording is not required. The opinion is substantiated on the need for the content of the minutes of the court session to correspond to its audio recording as the basis for its recognition as admissible evidence.","PeriodicalId":508920,"journal":{"name":"Courier of Kutafin Moscow State Law University (MSAL))","volume":"30 22","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140968348","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}

引用次数: 0

Historical explanation of teleology and axiology of the Russian Procuratorate 俄罗斯检察院的目的论和公理的历史解释

Courier of Kutafin Moscow State Law University (MSAL)) Pub Date : 2024-05-16 DOI: 10.17803/2311-5998.2024.113.1.195-207

S. G. Rokityansky

{"title":"Historical explanation of teleology and axiology of the Russian Procuratorate","authors":"S. G. Rokityansky","doi":"10.17803/2311-5998.2024.113.1.195-207","DOIUrl":"https://doi.org/10.17803/2311-5998.2024.113.1.195-207","url":null,"abstract":"Considering the historical and legal prerequisites for the creation of the first independent supervisory institutions in Russia (the fiscal office and the procuratorate), today legal scholars accord their attention mainly to the need to monitor the implementation of written legislation arose in the XVIII century. At the same time, an equally important factor is often overlooked, which seems as made a considerable contribution to the historical decision on what exactly this supervisory institution should be. This article reveals the socio-legal context of the creation of the Russian procurator supervision. Historical and legal researches and archival documents as well as specific examples from the criminal chronicle demonstrate that there were systemic problems, such as open disrespect for the law, abuse of power and the predominance of personal predilections over public interest. These problems had influenced the decision of Peter the Great no less than the fact of the rapid development of formal legislation. The absence of an authority or official in the Russian state to whom ordinary man could turn for help and protection (including the absence of an independent court) even exacerbated these problems and urged the creation of Procurator-General’s office.","PeriodicalId":508920,"journal":{"name":"Courier of Kutafin Moscow State Law University (MSAL))","volume":"20 7","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140967173","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}

引用次数: 0

On the functions of the prosecutor in criminal proceedings 关于检察官在刑事诉讼中的职能

Courier of Kutafin Moscow State Law University (MSAL)) Pub Date : 2024-05-16 DOI: 10.17803/2311-5998.2024.113.1.165-171

K. Tabolina

{"title":"On the functions of the prosecutor in criminal proceedings","authors":"K. Tabolina","doi":"10.17803/2311-5998.2024.113.1.165-171","DOIUrl":"https://doi.org/10.17803/2311-5998.2024.113.1.165-171","url":null,"abstract":" The article is devoted to the study of the functions of the prosecutor in the judicial stages of criminal proceedings, and provides an analysis of statistical data from the General Prosecutor’s Office of the Russian Federation on the participation of prosecutors in criminal proceedings. The results obtained allow us to assert that the prosecutor performs two functions during criminal proceedings: the criminal procedural function of prosecution and the constitutional and legal function of supervision over compliance with the Constitution of the Russian Federation and the execution of laws. At the same time, at the stages of trial (in the court of first instance) and appeal proceedings, when the principle of adversarial parties is fully implemented, the prosecutor supports the state prosecution, thereby performing the procedural function of the prosecution. In the remaining stages of judicial proceedings, the prosecutor exercises the function of supervising compliance with the law. The conclusion is formulated that the proposed approach requires a rethinking of the role of the prosecutor in criminal proceedings from the position of the constitutional and legal status of the Russian prosecutor’s office, as well as amendments to the norms of criminal procedure law.","PeriodicalId":508920,"journal":{"name":"Courier of Kutafin Moscow State Law University (MSAL))","volume":"26 7","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140967661","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}

引用次数: 0

Participation of the defender according to 1864 Regulations of Criminal Procedure 根据 1864 年《刑事诉讼程序条例》，辩护人的参与

Courier of Kutafin Moscow State Law University (MSAL)) Pub Date : 2024-05-16 DOI: 10.17803/2311-5998.2024.113.1.188-194

A. A. Scherbakova

{"title":"Participation of the defender according to 1864 Regulations of Criminal Procedure","authors":"A. A. Scherbakova","doi":"10.17803/2311-5998.2024.113.1.188-194","DOIUrl":"https://doi.org/10.17803/2311-5998.2024.113.1.188-194","url":null,"abstract":"In connection with the adoption of the Regulations of Criminal Proceedings, it became possible to study and study the procedural status of participants in criminal proceedings, including the defense lawyer. In this connection, the author examines his procedural status from the perspective of the rights and obligations available during the period under review, and also analyzes the possibility of him realizing his criminal procedural function. Examining the norms of the Regulations of Criminal Proceedings, the author comes to the conclusion that the defense attorney could enter into a criminal case by appointment or invitation, and had both his own rights and those granted to the parties as a whole. At the same time, the rights of the defense attorney, as a rule, correlate with the rights of the defendant, and the rules of law emphasize the simultaneous participation of the defense attorney and the defendant.The purpose of this article is to examine the position of the institution of defence during the period of duration of the significant document in the sphere of russian criminal procedure — Regulations of Criminal Proceedings. In this article the object of consideration is the legal rules of the Regulations of Criminal Proceedings, which the participation of the defender in criminal cases is subject to. As an example, the author gives legal practice of the Councils of Barristers, which could clarify the provisions of the Charter of Criminal Proceedings regarding the participation of a defense attorney in criminal cases","PeriodicalId":508920,"journal":{"name":"Courier of Kutafin Moscow State Law University (MSAL))","volume":"7 3","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140967532","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}

引用次数: 0

Multiple jury verdicts in the one case: approaches to solving the problem in legislation and judicial practice 一个案件中的多个陪审团裁决：立法和司法实践中解决问题的方法

Courier of Kutafin Moscow State Law University (MSAL)) Pub Date : 2024-05-16 DOI: 10.17803/2311-5998.2024.113.1.149-157

S. A. Nasonov

{"title":"Multiple jury verdicts in the one case: approaches to solving the problem in legislation and judicial practice","authors":"S. A. Nasonov","doi":"10.17803/2311-5998.2024.113.1.149-157","DOIUrl":"https://doi.org/10.17803/2311-5998.2024.113.1.149-157","url":null,"abstract":"The article, based on a study of judicial practice and comparative legal analysis of the legislation of the Russian Federation and a number of foreign countries, examines the problem of “multiplicity” of jury verdicts, i.e. the presence of two or more jury verdicts in one criminal case that meet the criteria of certainty and consistency and are subjects to proclamation. The author notes that the phenomenon of multiple jury verdicts is determined by the procedural error of the presiding judge, who recognizes that a certain and consistent jury verdict can not be pronounced. The article considers this phenomenon as a negative fact that contradicts the essential features of a jury trial. The author believes that solving the problem of multiple jury verdicts is possible, on the one hand, by clarifying and legalizing the grounds for recognizing the verdict as unclear or contradictory. On the other hand, there is a need for a significant modification of the procedural form of checking the jury’s verdict by the presiding judge for its clarity and consistency and giving him explanations to the jury in this regard. The author makes proposals for legislative reinforcement of the discussion between the presiding judge and the parties about the defects of the jury’s unannounced verdict, which should take place in the absence of the jury in a closed court hearing.","PeriodicalId":508920,"journal":{"name":"Courier of Kutafin Moscow State Law University (MSAL))","volume":"51 10","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140971032","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}

引用次数: 0

The importance of electronic evidence in criminal proceedings 电子证据在刑事诉讼中的重要性

Courier of Kutafin Moscow State Law University (MSAL)) Pub Date : 2024-05-16 DOI: 10.17803/2311-5998.2024.113.1.208-215

V. V. Platonov

引用次数: 0

Problematic issues related to the lawyer’s implementation of the position in the speeches of the parties during the proceedings in court with the participation of jurors 在有陪审员参加的法庭诉讼中，与律师在各方发言中落实立场有关的问题

Courier of Kutafin Moscow State Law University (MSAL)) Pub Date : 2024-05-16 DOI: 10.17803/2311-5998.2024.113.1.158-164

T. Yu. Maksimova

{"title":"Problematic issues related to the lawyer’s implementation of the position in the speeches of the parties during the proceedings in court with the participation of jurors","authors":"T. Yu. Maksimova","doi":"10.17803/2311-5998.2024.113.1.158-164","DOIUrl":"https://doi.org/10.17803/2311-5998.2024.113.1.158-164","url":null,"abstract":"The article deals with problematic issues related to the implementation of a lawyer’s position when making an introductory statement and in the debate of the parties in court with the participation of jurors. The author analyzes the question of how the term “defense position in the case” can be defined and how the position is related to the content of speeches. In this regard, the prohibitions that are related to the content of this legal institution are considered, as well as the range of information that cannot be reported, since they are outside the positions of the parties. Based on the analysis of examples from judicial practice, the author comes to the conclusion that, based on the content of the introductory statement and its “positional” component, it is forbidden to analyze the positions of the parties in the introductory statement, to make judgments about the quality of the investigation and to evaluate the evidence. The article raises the question of what are the limits of the presentation of the factual circumstances of the case in the introductory statement and whether it is possible to refer to the norms of law in it. It is noted that the limits associated with the justification of the position in court debates are of great importance.","PeriodicalId":508920,"journal":{"name":"Courier of Kutafin Moscow State Law University (MSAL))","volume":"59 24","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140970853","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}

引用次数: 0

Limits of Judicial Control at the Pre-trial Stages of the Criminal Process 刑事诉讼预审阶段司法控制的限度

Courier of Kutafin Moscow State Law University (MSAL)) Pub Date : 2024-05-15 DOI: 10.17803/2311-5998.2024.113.1.134-141

T. S. Dvoryankina

引用次数: 0

Russian Criminal Procedure to Protect the Rights and Legitimate Interests of Entrepreneurs 俄罗斯保护企业家权利和合法利益的刑事诉讼程序

Courier of Kutafin Moscow State Law University (MSAL)) Pub Date : 2024-05-15 DOI: 10.17803/2311-5998.2024.113.1.123-133

I. I. Sheremetyev

{"title":"Russian Criminal Procedure to Protect the Rights and Legitimate Interests of Entrepreneurs","authors":"I. I. Sheremetyev","doi":"10.17803/2311-5998.2024.113.1.123-133","DOIUrl":"https://doi.org/10.17803/2311-5998.2024.113.1.123-133","url":null,"abstract":"The article discusses changes in Russian criminal procedural legislation related to criminal proceedings on crimes in the economic sphere committed by entrepreneurs in connection with their entrepreneurial or other economic activities. It is noted that these changes are due to the general policy of the state aimed at increasing the economic activity of the population and accelerated economic development of the country as a whole. In this regard, the author provides critical statements by the country’s leaders regarding the current law enforcement practices. The article consistently sets out individual institutions of criminal procedural law affected by these changes. Thus, the features of initiating criminal cases for certain crimes in the economic sphere classified as cases of private-public prosecution are described. The general rules for conducting investigative actions, including those related to the seizure of electronic storage media in cases of this category, are described. Considerable attention is paid to the selection of preventive measures against entrepreneurs and general restrictions on the use of detention against them. Special grounds for termination of criminal prosecution of entrepreneurs in connection with their compensation for damage are described. The author notes that the process of improving legislation in this area is far from complete and will continue depending on the needs of practice.","PeriodicalId":508920,"journal":{"name":"Courier of Kutafin Moscow State Law University (MSAL))","volume":"57 9","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140974506","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}

引用次数: 0