JUDICIAL POWER
Reference:
Bormotova L.V.
The reasonableness of the duration of criminal proceedings - a special case of unjustified legal convergence that violates the historical order
// Legal Studies.
2024. № 9.
P. 1-16.
DOI: 10.25136/2409-7136.2024.9.71580 EDN: ANMVVT URL: https://en.nbpublish.com/library_read_article.php?id=71580
Abstract:
The subject of study is some significant historical stages of the formation and development of the institution of criminal procedure deadlines. The aim is to identify the national tradition of regulating deadlines and mechanisms for speeding up criminal procedures. The object of the study was the criminal procedure norms of different periods of time of the development of legislation in Russia, domestic judicial practice and the practice of the European Court of Human Rights in the context of resolving the issue of the need for the existence of a requirement for the reasonableness of the terms of criminal proceedings in the system of traditional Russian principles. The research is based on general scientific and private scientific methods of cognition, which made it possible to analyze sources on the chosen topic and synthesize knowledge about the evolution of the terms of criminal proceedings. The method of comparative historical jurisprudence allowed us to formulate a conclusion about the adherence to the legislative tradition of separating principles-ideas and specific rules for the preliminary investigation and judicial review of criminal cases. It is concluded that the requirement of the reasonableness of the timing of criminal proceedings in the historical context was completely justified and addressed to the preliminary investigation authorities, as a rule, on immediate procedural activity. Changing the status of this rule to a principle did not significantly change law enforcement activities, but introduced an imbalance in the systematic approach to regulating criminal procedural relations. The measures to speed up the judicial review mentioned in the provisions of Article 6.1 of the CPC of the Russian Federation and the corresponding resolution of the Plenum of the Supreme Court of the Russian Federation are of a mixed nature. The directives of the President of the Court regarding measures to speed up the proceedings contradict the independence of judges and violate the principle of legality. In this regard, a proposal was made to exclude this requirement from the system of principles, followed by the addition of the general conditions of preliminary investigation and judicial proceedings.
Keywords:
legislation, judicial review, convergence, reasonableness of deadlines, preliminary investigation, acceleration, justice system, criminal proceedings, principles, historical stages
Human and state
Reference:
Burtseva V.V.
Abortion as a way of violating a woman's reproductive right: a criminal-legal view of the problem
// Legal Studies.
2024. № 9.
P. 17-28.
DOI: 10.25136/2409-7136.2024.9.71752 EDN: FJMWVW URL: https://en.nbpublish.com/library_read_article.php?id=71752
Abstract:
Through the prism of criminal law views, the article raises issues of the concept of a woman's reproductive right and the need to recognize artificial termination of pregnancy (abortion) as a way to realize the said right of a woman, on the one hand, and a way to violate it, on the other. The object of the study is the social relations arising in relation to a woman's reproductive right and its criminal law protection. The subject of the study is the Russian modern criminal legislation, as well as scientific works reflecting the problems raised in the research. The methodological basis is the universal dialectical method of cognition. Along with it, general scientific and private scientific methods were used: dogmatic, hermeneutical, formal-logical, systemic, structural-functional, formal-legal, legal modeling, etc. The results of the study: the analysis showed that the Basic Law of the country, health care and administrative-tort legislation recognize a woman's reproductive right and positively address the issue of its protection. However, the current Russian criminal law lacks a system of norms that would effectively protect a woman's reproductive right. The lack of a systematic approach in the legal field has a negative impact on the unhindered realization of the most important right of a woman. Therefore, additional guarantees of such implementation are needed, criminal law protection can fill in the missing link of the system of Russian law in the analyzed area. The conclusion made as a result of the study: currently, there is an urgent need for legislative consolidation of special norms in which it is necessary to provide for criminal liability for various encroachments on a woman's reproductive right.
Keywords:
pregnancy, the object of the crime, public danger, reproductive law, criminalization, artificial termination of pregnancy, abortion, crime, criminal law protection, demographic policy
Law and order
Reference:
Revenko N.I.
Proving in cases of fraud committed in the way "Your relative got into trouble"
// Legal Studies.
2024. № 9.
P. 29-37.
DOI: 10.25136/2409-7136.2024.9.71792 EDN: DUHVGQ URL: https://en.nbpublish.com/library_read_article.php?id=71792
Abstract:
The subject of the study is the process of criminal procedural proof in cases of fraud committed in the way "Your relative got into trouble". This method of fraud is implemented, as a rule, by a group of persons, and the task of the investigator during the preliminary investigation is to collect, verify and evaluate the totality of evidence indicating a certain form of complicity in the commission of a crime. Based on the analysis of criminal cases, a typical set of ideal and material traces is investigated, which are recorded by the investigator in the appropriate types of criminal procedural evidence provided for in Part 2 of Article 74 of the Criminal Procedure Code of the Russian Federation. This body of evidence gives the investigator grounds to assert that when committing fraud, members of a criminal group plan crimes in advance, assign roles and carry out jointly coordinated activities to implement a criminal plan. The study was conducted using general scientific methods of cognition: analysis, synthesis, deduction, analogy; empirical methods: description, comparison; as well as private scientific methods: legal, sociological, formal legal. The analysis of criminal cases of fraud committed in the way "Your relative got into trouble" allowed us to identify a set of evidence that gives grounds to classify these crimes as committed by a group of persons by prior agreement. At the same time, the paper identifies the problem of inaccessibility to law enforcement agencies of information from the Telegram messenger about the planning and preparation of crimes, which makes it impossible to identify the organizers and other members of the criminal group and does not allow to qualify the actions of accomplices as committed by an organized group. The latter is important from the point of view of bringing to criminal responsibility all members of a criminal group and more precisely qualifying and determining the severity of a crime committed by a group of persons by prior agreement. The above should entail the type and amount of criminal punishment adequate to the activities of an organized criminal group. Only in this case, it is possible to effectively improve the effectiveness of the law enforcement system in preventing and combating this type of fraud.
Keywords:
fraud prevention, proving, the stability of the criminal group, a group of people, organized group, complicity in a crime, investigation, cheater, fraud, punishment