Courier of Kutafin Moscow State Law University (MSAL))最新文献_第7页

When will the courts recognize the independence of the grounds for compensation for damage caused by the illegal use of procedural for in Part 3 of Article 133 of the Code of Criminal Procedure of the Russian Federation? 法院何时承认《俄罗斯联邦刑事诉讼法典》第 133 条第 3 部分中非法使用诉讼程序造成的损害赔偿理由的独立性？

Courier of Kutafin Moscow State Law University (MSAL)) Pub Date : 2024-05-15 DOI: 10.17803/2311-5998.2024.113.1.142-148

O. A. Miadzelets

{"title":"When will the courts recognize the independence of the grounds for compensation for damage caused by the illegal use of procedural for in Part 3 of Article 133 of the Code of Criminal Procedure of the Russian Federation?","authors":"O. A. Miadzelets","doi":"10.17803/2311-5998.2024.113.1.142-148","DOIUrl":"https://doi.org/10.17803/2311-5998.2024.113.1.142-148","url":null,"abstract":"The uncertainty of the criminal procedure legislation regarding the recognition of the right to compensation for harm for a certain category of persons gives rise to the relevance of the study of this issue. Based on the provisions of part 3 of Article 133, Article 139 of the Criminal Procedure Code of the Russian Federation, an analysis of the normative complex has been carried out with the help of which, in judicial practice, compensation for harm to persons caused by the unlawful application of procedural coercion measures to them should be ensured. Special attention is paid to court cases, the content of which reveals the problems of establishing the grounds for compensation for damage caused by the illegal use of procedural coercion measures. It is concluded that only participants in criminal proceedings, criminal prosecution against whom has been terminated on rehabilitative grounds, or illegally subjected to compulsory medical measures, as well as other persons illegally subjected to procedural coercion measures, have the right to compensation for harm in rehabilitation. Thus, the list of persons eligible for rehabilitation is definite and not subject to broad interpretation.","PeriodicalId":508920,"journal":{"name":"Courier of Kutafin Moscow State Law University (MSAL))","volume":"49 12","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140974807","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

Certain problems of protecting the constitutional rights of the individual when considering complaints by the courts in accordance with Article 125 of the Code of Criminal Procedure of the Russian Federation 法院根据《俄罗斯联邦刑事诉讼法典》第 125 条审理申诉时保护个人宪法权利的若干问题

Courier of Kutafin Moscow State Law University (MSAL)) Pub Date : 2024-05-14 DOI: 10.17803/2311-5998.2024.113.1.094-103

A. L. Osipov

{"title":"Certain problems of protecting the constitutional rights of the individual when considering complaints by the courts in accordance with Article 125 of the Code of Criminal Procedure of the Russian Federation","authors":"A. L. Osipov","doi":"10.17803/2311-5998.2024.113.1.094-103","DOIUrl":"https://doi.org/10.17803/2311-5998.2024.113.1.094-103","url":null,"abstract":"Based on the conceptual characteristics of the institute of judicial control in accordance with Article 125 of the CCP of the Russian Federation, separate problems of protecting the constitutional rights of an individual using this means of judicial protection are identified: lack of uniformity in the interpretation of norms on the subject and ambit of judicial control; lack of clear standards of proof when considering complaints by courts in accordance with Article 125 of the CCP of the Russian Federation; lack of regulatory provisions defining formal criteria for the admissibility of submitted complaints, which entails limiting the right of interested persons to judicial protection in cases of arbitrary interpretation of the provisions of the law by the courts. As measures to improve judicial practice, it is proposed to refine the subject, ambit and standards of judicial control by referring to them the issues of validity and proportionality of restrictions on constitutional rights of the individual, as well as assessing the sufficiency of evidence in favor of the introduction of such restrictions; regulatory clarification of the requirements for the content of complaints, as well as the powers of the court to make decisions on refusal to accept formally unacceptable complaints for production.","PeriodicalId":508920,"journal":{"name":"Courier of Kutafin Moscow State Law University (MSAL))","volume":"13 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140979562","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

Witness immunity in criminal proceedings: from theory to practice 刑事诉讼中的证人豁免：从理论到实践

Courier of Kutafin Moscow State Law University (MSAL)) Pub Date : 2024-05-14 DOI: 10.17803/2311-5998.2024.113.1.075-083

T. Yu. Markova

{"title":"Witness immunity in criminal proceedings: from theory to practice","authors":"T. Yu. Markova","doi":"10.17803/2311-5998.2024.113.1.075-083","DOIUrl":"https://doi.org/10.17803/2311-5998.2024.113.1.075-083","url":null,"abstract":"The Constitution of the Russian Federation and the Code of Criminal Procedure of the Russian Federation establish a provision called witness immunity. This is a right, the use of which allows a participant in the process not to harm himself and his close relatives with his words or actions. This right is granted to many participants at all stages of criminal proceedings. Ensuring the implementation of the right to witness immunity is entrusted to state bodies and officials conducting criminal proceedings (investigator, investigator, prosecutor and court). The article analyzes the provisions on witness immunity contained in the Constitution of the Russian Federation and the Code of Criminal Procedure of the Russian Federation for their compliance. It is stated that Art. 51 of the Constitution of the Russian Federation has a broader content than paragraph 40 of Art. 5 of the Code of Criminal Procedure of the Russian Federation, which requires bringing the norms of the Code of Criminal Procedure of the Russian Federation into conformity with the Constitution of the Russian Federation. It is concluded that the procedure for clarification and implementation of the right to witness immunity does not have sufficient legal regulation in the Code of Criminal Procedure of the Russian Federation, which leads to certain violations in the work of the preliminary investigation bodies, but is partly compensated by clarifications of the Constitutional Court of the Russian Federation and established judicial practice.","PeriodicalId":508920,"journal":{"name":"Courier of Kutafin Moscow State Law University (MSAL))","volume":"106 18","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140977885","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 issue of changing the charge during the preliminary investigation 关于在初步调查期间改变指控的问题

Courier of Kutafin Moscow State Law University (MSAL)) Pub Date : 2024-05-14 DOI: 10.17803/2311-5998.2024.113.1.104-114

E. K. Antonovich

引用次数: 0

On the issue of strengthening the supremacy of State power in criminal proceedings 关于加强国家权力在刑事诉讼中的至高无上地位问题

Courier of Kutafin Moscow State Law University (MSAL)) Pub Date : 2024-05-14 DOI: 10.17803/2311-5998.2024.113.1.084-093

L. N. Maslennikova

{"title":"On the issue of strengthening the supremacy of State power in criminal proceedings","authors":"L. N. Maslennikova","doi":"10.17803/2311-5998.2024.113.1.084-093","DOIUrl":"https://doi.org/10.17803/2311-5998.2024.113.1.084-093","url":null,"abstract":"The article raise the question of the need to strengthen the supremacy of state power in criminal proceedings. The analysis of law enforcement practice is given and attention is drawn to the fact that trust in state bodies and officials conducting criminal proceedings is falling. It is proved that the supremacy of state power in criminal proceedings is within the legal norms of the Constitution, criminal and criminal procedure legislation of the Russian Federation. It is concluded that the arbitrariness of state bodies and officials, going beyond these norms is a violation of the rule of law both at the legislative and law enforcement levels, undermines confidence in state bodies conducting criminal proceedings, in state power as a whole, and, accordingly, weakens the internal sovereignty of the state. It is argued that the basis for strengthening the supremacy of State power in the field of criminal justice is to strengthen social justice, ensure social solidarity, the legality of production and increase public confidence in state power. It is substantiated that a new version of the CPC is needed, which will be aimed at improving the effectiveness of criminal proceedings, including by simplifying it while maintaining the existing procedural guarantees for the protection of the subjective rights and legitimate interests of participants in criminal proceedings.","PeriodicalId":508920,"journal":{"name":"Courier of Kutafin Moscow State Law University (MSAL))","volume":"111 24","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140977763","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 question of the importance of trust in criminal procedure regulation 关于信任在刑事诉讼法规中的重要性问题

Courier of Kutafin Moscow State Law University (MSAL)) Pub Date : 2024-05-14 DOI: 10.17803/2311-5998.2024.113.1.067-074

I. G. Smirnova, N. V. Sofijchuk

引用次数: 0

The Body of Inquiry as a Participant in Criminal Proceedings 作为刑事诉讼参与者的调查机构

Courier of Kutafin Moscow State Law University (MSAL)) Pub Date : 2024-05-14 DOI: 10.17803/2311-5998.2024.113.1.115-122

I. A. Danilenko

{"title":"The Body of Inquiry as a Participant in Criminal Proceedings","authors":"I. A. Danilenko","doi":"10.17803/2311-5998.2024.113.1.115-122","DOIUrl":"https://doi.org/10.17803/2311-5998.2024.113.1.115-122","url":null,"abstract":"The article discusses the problematic aspects of determining the legal status of the body of inquiry as a participant in criminal proceedings. It is noted that despite a number of legislative changes, a considerable number of issues concerning the procedural position of the body of inquiry in the criminal process of Russia remain unresolved. The inconsistency of the legislator in determining the list of bodies of inquiry is separately indicated, the allocation among them of those who have the right to conduct a preliminary investigation in the form of an inquiry, and those who are authorized only to initiate a criminal case and carry out urgent investigative actions. Referring to the foreign experience and the historical development of this institution in domestic legislation, the author emphasizes the unjustified narrowing (compared with the pre-revolutionary state) of the number of state institutions belonging to the bodies of inquiry. The author criticizes the legislative criterion of attribution to the bodies of inquiry, based on the sign of the implementation of operational investigative activities. Special attention is paid to the shortcomings of the legislative definitions given in Article 5 of the Code of Criminal Procedure of the Russian Federation.","PeriodicalId":508920,"journal":{"name":"Courier of Kutafin Moscow State Law University (MSAL))","volume":"25 17","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140981304","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 Digital Transformation of Russian Criminal Proceedings and the Role of the Prosecutor’s Office as the Organizer of such a Transformation 俄罗斯刑事诉讼的数字化转型以及检察官办公室作为这一转型组织者的作用

Courier of Kutafin Moscow State Law University (MSAL)) Pub Date : 2024-05-13 DOI: 10.17803/2311-5998.2024.113.1.018-031

L. A. Voskobitova

{"title":"The Digital Transformation of Russian Criminal Proceedings and the Role of the Prosecutor’s Office as the Organizer of such a Transformation","authors":"L. A. Voskobitova","doi":"10.17803/2311-5998.2024.113.1.018-031","DOIUrl":"https://doi.org/10.17803/2311-5998.2024.113.1.018-031","url":null,"abstract":"To date, the Russian Federation does not have a single systematic digitalization program for all criminal proceedings. At the same time, digital technologies themselves are fragmentally penetrating the practice of law enforcement. That is why it is extremely important to investigate this issue, as well as to study the foreign, more successful experience of digitalization of criminal proceedings in other countries. The article discusses the issue of digital transformation of modern Russian criminal proceedings; the need of systemic and interdepartmental interaction to create a unified digital platform “Digital Criminal Justice” is substantiated, namely, government agencies, the bar and other interested agencies involved in criminal proceedings or related to them due to the law enforcement nature of their functions; the role of the Prosecutor General’s Office of the Russian Federation as the organizer and coordinator of interdepartmental interaction for the creation of such a platform and its use is argued. It seems that the only state body that, by virtue of its tasks, powers and place in criminal proceedings, is able to lead and implement a holistic and systematic digitalization of criminal proceedings in its substantive criminal procedural aspect is the Prosecutor General’s Office of the Russian Federation.","PeriodicalId":508920,"journal":{"name":"Courier of Kutafin Moscow State Law University (MSAL))","volume":"104 19","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140986045","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

Use OF Digital Technology Elements in Investigative Actions Involving Minors 在涉及未成年人的调查行动中使用数字技术要素

Courier of Kutafin Moscow State Law University (MSAL)) Pub Date : 2024-05-13 DOI: 10.17803/2311-5998.2024.113.1.041-047

S. V. Matveev

引用次数: 0

Artificial Intelligence in the Criminal Justice of the Russian Federation and the People’s Republic of China: the Importance of State Legal Regulation 俄罗斯联邦和中华人民共和国刑事司法中的人工智能：国家法律监管的重要性

Courier of Kutafin Moscow State Law University (MSAL)) Pub Date : 2024-05-13 DOI: 10.17803/2311-5998.2024.113.1.048-056

A. A. Sobenin

{"title":"Artificial Intelligence in the Criminal Justice of the Russian Federation and the People’s Republic of China: the Importance of State Legal Regulation","authors":"A. A. Sobenin","doi":"10.17803/2311-5998.2024.113.1.048-056","DOIUrl":"https://doi.org/10.17803/2311-5998.2024.113.1.048-056","url":null,"abstract":"The article analyzes the use of artificial intelligence in the field of criminal proceedings. The existing discourse between legal and technical knowledge and the increasingly growing imbalance between legal and technical approaches in justifying the use of professional artificial intelligence are discussed. The use of facial recognition technologies in criminal proceedings, the introduction of promising systems for monitoring and analyzing big data obtained on the Internet, and the use of ChatGPT in criminal proceedings create significant risks in achieving the purpose of criminal proceedings. The experience of introducing artificial intelligence into the field of criminal justice in the People’s Republic of China as one of the leading states in this field seems interesting and noteworthy. A range of problems are outlined that the Russian Federation also needs to solve, related to the incorrect interpretation of court decisions by artificial intelligence, the inability to make value judgments, possible bias of algorithms, selectivity of data, the procedural form of sentencing, a decrease in the level of public confidence in the system of making court decisions made with the help of artificial intelligence.","PeriodicalId":508920,"journal":{"name":"Courier of Kutafin Moscow State Law University (MSAL))","volume":"61 9","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140984856","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