Аннотация:

Аннотация:

Аннотация:

Аннотация: The article is devoted to problems of review of court’s decisions in the criminal trial in appeal and cassation modes. The author analyzes the bases and an order of such review, formulates the basic problems connected with revival of the appeal procedures in Russia. The special attention is given also to post-appellate review, modern perspectives of its development in the light of practice of the European Court of Human Rights and the Constitutional Court of the Russian Federation.

Аннотация: This article is dedicated to the issues of organization of training legal professionals in legal specialty, particularly, in procedure and technique of education of prosecutors in the prosecutorial institutes established under the Decree No 787 of the Government of the Russian Federation of July 8, 1996. Accent is also made on formation and developing personal and individual qualities of lawyers related to law and order, respect and adherence to human rights and freedoms of persons and citizens provided by domestic and international legal instruments, intolerance to red-tape and corruption, formation of professional qualities, personal and collectivism attributes, which define its social basis.

Аннотация: In the article the problems of understanding and application of norms of ch 401 of Criminal Procedure Code of Russian Federation which has established the special method of rendering the decisions under pre-trial agreement on collaboration at the conclusion of the pre-trial investigation are analyzed. The norms regulating features of the pre-trial investigation in this special procedure are investigated. The conclusion is justified that the agreement can be concluded with the person only after circumstances of a crime are established and the procedural status of the person as suspected or accused is determined. The pre-trial agreement is the new procedural document, therefore in the article its most important components are analyzed. The concept of obligations which are incurred by the person initiating its reveals. Their difference from actions which it is obliged to make is shown. Conditions which the prosecution can offer to him are analyzed. Features of end of the pre-trial investigation on these cases, and also new authorities of the prosecutor in this context are shown.

Аннотация: In the article it is stated that the Russian legislation regulating criminal proceedings concerning minors, now in the majority is brought into accord with the international law in this sphere. For the purpose revealings of features of regulation of criminal proceedings against minors in other countries and possible use of experience of these countries at regulation of features of criminal proceedings against minors in Russia in the article are analyzed Codes of Criminal Procedure of some CIS states (Armenia, Azerbaijan, Belarus, Kazakhstan, Kyrgyzstan, Moldova, Tajikistan, Turkmenistan, Ukraine).

Аннотация: Jury trial is not a mandatory form of adjudication under the European Сonvention. Many countries do not have juries or their competence is very limited. However, where such courts exist, they should operate in compliance with the requirements of Article 6 of the European Convention on Human Rights. The article examines particular features of the jury trial and how they are reflected in the case-law of the European Court. In particular, the author analyses the notion of “impartiality” and its application to the jurors. If one of the jurors is biased, does it make the whole panel “partial”? What can the presiding judge do where allegations of bias are made other than dissolve the panel? What sort of convictions or beliefs may be regarded as “prejudice”? What external factors may make the jurors biased? The article further touches upon the Court’s case law on “motivated judgments.” Jury in many countries are not required to give motivated answers to the questions put by the presiding judge. A recent case Taxquet v. Belgium (now pending before the Grand Chamber) condemns this practice and establishes that the criminal defendant has the right to know why the jury has declared him guilty. The author examines practical and theoretical problems of application of the “motivated judgement” principle in the context of jury trial. In conclusion, the author outlines certain general approaches of the European Court, namely its tendency to analyse the decision-making process rather than the substance of the decisions taken at the domestic level, and the considerable leeway given to the domestic judge in such matters.

Аннотация: In the article judicial practice of application of institute of reading of testimonies of the victim and the witness not was in a session of the court (s 281 of Criminal Procedure Code of Russian Federation) is analyzed in light of s 6(3)(d) of European Convention on Human Rights of 1950. It is stated that interpretation by the Russian courts of norms of the criminal procedure legislation in this sphere is carried out in overwhelming majority of cases with disregard of norms of s 6(3)(d) of European Convention on Human Rights of 1950 and extensive practice of the European Court of Human Rights. Generalisation of case law of the European Court of Human Rights on interpretation of norms of s 6(3)(d) of European Convention on Human Rights of 1950 regarding realisation by each accused of the right to cross-examination of witnesses for the prosecution has allowed to formulate criteria which should be considered by the Russian courts in order to avoid infringement of norms of s 6(3)(d) of European Convention on Human Rights of 1950.

Аннотация: The article is devoted to practice of the European Court of Human Rights concerning pre-trial taking into custody. The author notices that the Russian courts too often apply the given measure, not always considering this practice. In the article it is offered to approach to a choice of this measure more cautiously.

Аннотация: The article describes the significant contribution of the outstanding scientist, professor P.A. Lupinskaya, to the development of theory about essence and problems of criminal legal proceedings, about ideas which have allowed the author of the article to prove from axiological, historical and legal positions systematic independence of criminal legal proceedings in relation to the criminal law and struggle against criminality. To prove his position the author conducts the historic research of the reasons and process of occurrence of criminal legal proceedings in ancient and contemporary societies. Further in article it is proved that criminal legal proceedings translate ephemeral “criminality” in concrete “crime” and do not possess criminality as the subject of action, but do possess a crime in such a subject. It is affirmed that not only the criminality is the diverse social phenomenon, but also struggle against it is a moral-psychological reaction of a society, and is the social phenomenon too. Therefore criminal legal proceedings cannot have struggle against criminality as the purpose, and urged to resolve the social conflict concerning the committed crime. The given position has found support not only among experts in criminal procedure law sphere, but also among criminologists, and also in norms of the international law.

Аннотация: The textbook is a significant mark in scientific activity, an indicator on which judge a place of the teacher in the scientific world. The chair headed by P.A. Lupinskaya, was possible manage the textbook “Criminal Procedure Law” which not only has sustained set of editions, became the unique sample of didactics, but also has essentially advanced time as its authors have indicated a new direction in development of a criminal procedure science.

Аннотация: The article is devoted to the analysis of one of the most important conceptual ideas, expressed in s 6 of Criminal Procedure Code of Russian Federation: the purpose of criminal procedure is in serving protection of the rights and freedom of the person and the citizen. In the article it is noticed that if the Russian justice is used as the instrument of the political power it does not cause trust and has no society support. A judicial authority only then to deliver the justice to people when it operates not in interests of society with which usually cover interests of the state but in interests of the person.

Аннотация: The article is devoted to P.A.Lupinskaya’s memory with whom the author together worked in a working group on preparation new Criminal Procedure Code of Russian Federation and to monitoring of its enactment. In the article it is underlined that by preparation new Criminal Procedure Code members of a working group was guided by the aspiration to create such system of criminal justice in which the court might respect the person’s rights. However established Criminal Procedure Code some progressive institutes and norms are not put into practice or applied not to the full; the established procedures are substituted for the technologies which have been not based on Criminal Procedure Code, procedural decisions are rendered without the sufficient bases on that. In the article it is noticed that the quantity of federal laws by which changes are made promptly increases, and the majority of additions in Criminal Procedure Code (more than 50) have been accepted without preliminary expert examination, are not verified from the point of view of a science and practice. Some of these laws are regarded as the system errors which are not corresponding to positions of international legal obligations. In the article it is noticed that prospects of development of the criminal trial are caused by prospects of development of the Russian state. Criminal trial modernisation should be directed on creation of optimum national model of effective investigation and proceeding, allowing not to admit or correct the procedural errors, corresponding to a modern level of development of society.

Аннотация: The article is devoted to research of one of the major conditions of admissibility of evidence, namely their procedural registering (fixing). The author analyzes the given problem with reference to testimonies of minors in the criminal trial. It is established that the procedural action protocol is the basic method of fastening of proofs. Further in the article features of the procedural action protocol including the minor are investigated.

Аннотация: In the article it is noticed that the stage of preparation for a trial will acquire the increasing significance in the criminal trial of Russia, taking in a certain measure on a form and content that place which to it is taken away in criminal trial of foreign countries. The author comes to a conclusion that in a stage of appointment of a trial will arise even more often and seriously to be discussed questions: on returning case to the prosecutor, on stay of proceedings, on the criminal case termination; etc.

Аннотация: The article is devoted to the influence of personal factors on a choice of the decision from among offered by the law. It is noticed that the significance of the personal factor is advanced not only personification of rendered decisions, but also that role which play in process of criminal proceedings the discretion of the judge, its arbitrary powers. It is impossible to the law to give complete algorithm of activity of the judge, to formalize all variety of actual facts, situations, etc. and to correlate them with character of rendered decisions. Thereof the principle of evaluation of evidence on internal belief operates, etc. It is obvious that thus the judge, operating within the law, carries out a choice of one of possible decisions. The range of such choice advances also limits the judicial discretion. These limits are narrowed, but cannot eliminate completely from legal proceedings the subjective element, i.e. the discretion of the judge. The author comes to a conclusion that the availability at judges of arbitrary powers stipulates significance not only their professional, but also moral qualities.

Аннотация: The article is devoted to the analysis of P.A. Lupinskaya’s doctrine of on the procedural decision. P.A. Lupinskaya has offered complex model of the procedural decision and has given to this model constantly developing character. P.A. Lupinskaia has analysed legal features of the procedural decision and has noted the cores from them: reliability, legitimacy, validity, and motivation.

Аннотация: The article discusses the verdict of the jury in the context of the theory on the criminal proceedings decisions formulated by P.A. Lupinskaya in her several publications. To analyze the essence of the verdict of the jury the article identifies whether it possesses the attributes of the procedural decision in the criminal proceedings based on procedural decision definition given by P.A. Lupinskaya as well as its attributes set forth in the abovementioned monograph. The article discusses the following attributes of the verdict in succession: the verdict settling only issues pertaining to the competence of the jury; characteristics of the verdict as a main procedural decision; collegiality of the verdict; obligatory character of the verdict for the presiding justice and parties; unmotivated verdict; final character of the verdict; the verdict possible going beyond the scope of the criminal law. The article further looks at the requirements imposed by the law on the verdict such as consistency of the verdict; completeness of the verdict; clearness of the verdict; relevance in law of the jury’s answers; compliance with the rules on reaching the verdict in the consultation room. Content of such requirements is shown based on the examples taken from the court practice.

Аннотация: The article is devoted to such traditional method of the mediated examination of testimonies of the accused as reading of its testimonies given by him in pre-trial stage. In the article the history of this question and its modern regulation in Criminal Procedure Code of Russian Federation is analyzed. Today as well as earlier reading of accused’s testimonies given by him in pre-trial stage is considered as an exception of the rule and it is supposed only in cases designated by the law. Also it is noticed that the modern reduced procedural forms are deviation from the principle of direct research of proofs.

Аннотация: In the article the requirements to decisions in the criminal trial – legitimacy, validity and motivation are considered. Their concept and differentiation is given, elements of these requirements are analyzed.

Аннотация: In the article the comparative legal analysis of differentiation of the criminal procedure form in Russian and Bulgarian criminal procedures is carried out.

Аннотация: The article states that there are two doctrines in the criminal procedure at the present time. They influence on the effective legislation and legislative process. Different perception of criminal process by these doctrines often lead to contradictions in legislation and in enforcement activity.

Аннотация: The article covers the latest developments in the work of the European Court of Human Rights in Strasbourg resulting from the adoption and coming into force of the amendment to the European Convention of Human Rights – Protocol No 14. The said Protocol has been ratified by the Russian Federation on 10 February 2010 and comes into force on 1 June 2010. The article contains three parts. The first briefly covers the reasons for and the history of drafting and adopting Protocol No 14, with reference to the latest figures and the need to ensure a speedier processing of cases. It also mentions some of the proposals for the reform that have been examined but rejected by the working group. The second part covers the main aspects of the Protocol, with special emphasis on the following three: processing of inadmissible cases, new admissibility criterion of “causing no significant disadvantage” and processing of wellfounded applications. The author describes the amendments to the Convention and to the Rules of the Court as well as the possible practical consequences these may entail for the parties to the proceedings and the Court itself. The article then goes on to cover the remaining aspects of the reform, in particular the appointment of judges and execution of the Court’s judgments. Finally, the article describes the Interlaken conference of February 2010 and the main conclusions contained in the Declaration. It analyses the most important proposals for the reform of the Court and the steps which are to be taken by the states, the European Court and the Council of Europe bodies with an aim to maintain the effective system of the protection of human rights created under the European Convention.