Shamsutdinov M.M. —
Suspension of the Highest Official of a Russian Federation Constituent (Head of a Supreme Government Authority of a Russian Federation Constituent)
// Legal Studies. – 2018. – ¹ 6.
– P. 1 - 7.
DOI: 10.25136/2409-7136.2018.6.26480
URL: https://en.e-notabene.ru/lr/article_26480.html
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Abstract: The article is devoted to particular features of the legal regulation and practical implementation of such a specific measure of criminal procedure compulsion as suspension of the highest official of a Russian Federation constituent. The object of this research is the criminal procedure relations that relate to implementation of a special measure of procedure compulsion, i.e. suspension of the highest official. The subject of the research is the criminal procedure laws that regulate the decision making process regarding suspension of the highest official of a Russian Federation constituent (head of a supreme government authority of a Russian Federation constituent), constitutional regulations that set forth the procedure of suspension of the highest authority of a Russian Federation constituent (head of a supreme government authority of a Russian Federation constituent) as a result of the loss of trust in him or her as well as individual researches on the matter. In the course of the research the author has used general and special research methods including dialectical method, analysis, synthesis, structured system approach, formal law method and modelling method. The novelty of the research is caused by the fact that the author analyzes a topical issue of applying suspension as a measure of compulsion in relation to the highest official of a Russian Federation constituent (head of a supreme government authority of a Russian Federation constituent). As a result of the research, the author describes certain drawbacks in the legal regulation of the aforesaid measure of criminal procedure compulsion as well as offers alternative solutions.
Shamsutdinov M.M. —
Implementation of Measures of Procedural Compulsion in Cases of Economic Crimes
// Legal Studies. – 2018. – ¹ 5.
– P. 14 - 28.
DOI: 10.25136/2409-7136.2018.5.26277
URL: https://en.e-notabene.ru/lr/article_26277.html
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Abstract: The article is devoted to particular features of the legal regulation of implementation of measures of procedural compulsion in case of economic crimes. The object of the research is the relations arising in the process of selection and application of measures of procedural compulsion to criminal proceeding parties. The subject of the research is the combination of criminal proceeding laws that regulate the procedure for selection and application of measures of procedural compulsion in case of economic crimes, as well as legal views of the Constitutional Court of the Russian Federation and explanation of the Plenum of the Supreme Court of the Russian Federation for particular issues related to application of measures of procedural compulsion in case of economic crimes and scientifically grounded opinions of researchers on the matters under research. In the course of his research Shamsutdinov has used general and special research methods, in particular, dialectical method, analysis, synthesis, structured system approach, comparative law, formal law, statistical method and modelling method. The novelty of the research is caused by the fact that the author carries out an integral research of the entire system of measures of procedural compulsion in case of economic crimes. As a result of the research, the author defines problems resulting from implementation of measures of procedural compulsion in cases of economic crimes. The author also makes a conclusion about the need to improve the existing mechanism of the legal regulation of measures of procedural compulsion as well as suggests to complete the system of measures of procedural compulsion with new and more efficient measures of compulsion.
Shamsutdinov M.M. —
Regulation of the measures of the criminal-procedural compulsion in the new Criminal Procedure Code of the Republic of Kazakhstan: comparative legal analysis
// Law and Politics. – 2015. – ¹ 6.
– P. 800 - 808.
DOI: 10.7256/2454-0706.2015.6.15323
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Abstract: The article attempts to reveal the main novelties in the regulation of measures in criminal-procedural compulsion using the norms of the Criminal Procedure Code of the Republic of Kazakhstan (CPCRK) effective January 1, 2015 in the context of the need to study foreign experience in devising prospective vectors for improving the institution of the measures of criminal-procedural compulsion in the modern criminal procedure of the Russian Federation. Prior to January 1st of 2015, the Republic of Kazakhstan used the Criminal Procedure Code of 1997, which with the exception of a few specific norms represented the continuation of the traditions of the Soviet criminal procedure. A significant step towards reform of the institution of measures of criminal-procedural compulsion in Kazakhstan was made in 2014 due to introduction of the new Criminal Procedure Code, which borrowed from the experience of various countries, including Russia. Regulation of this institution in Kazakhstan is very detailed, but in many cases controversial. As a result of the conducted research, the author formulates positions that would allow adopting the norms of the CPCRK in Russia after being critically reworked.
Shamsutdinov M.M. —
Regulation of the measures of the criminal-procedural compulsion in the new Criminal Procedure Code of the Republic of Kazakhstan: comparative legal analysis
// Law and Politics. – 2015. – ¹ 6.
– P. 800 - 808.
DOI: 10.7256/2454-0706.2015.6.42764
Read the article
Abstract: The article attempts to reveal the main novelties in the regulation of measures in criminal-procedural compulsion using the norms of the Criminal Procedure Code of the Republic of Kazakhstan (CPCRK) effective January 1, 2015 in the context of the need to study foreign experience in devising prospective vectors for improving the institution of the measures of criminal-procedural compulsion in the modern criminal procedure of the Russian Federation. Prior to January 1st of 2015, the Republic of Kazakhstan used the Criminal Procedure Code of 1997, which with the exception of a few specific norms represented the continuation of the traditions of the Soviet criminal procedure. A significant step towards reform of the institution of measures of criminal-procedural compulsion in Kazakhstan was made in 2014 due to introduction of the new Criminal Procedure Code, which borrowed from the experience of various countries, including Russia. Regulation of this institution in Kazakhstan is very detailed, but in many cases controversial. As a result of the conducted research, the author formulates positions that would allow adopting the norms of the CPCRK in Russia after being critically reworked.