Abstracts N 3 (41)

CRIMINAL PROCEDURE

Guskova A.P. REVIVAL OF JUDICIAL LAW CONCEPTION IN RUSSIA

The problems of judicial law conception revival because of legal defense functioning of person's laws and freedoms, citizen as a mechanism of legal regulation in the sphere of judicial activity are regarded in this article. [файл.pdf]

Enikeev Z.D. LAW-ENFORCEMENT POTENTIAL OF THE RUSSIAN CONSTITUTION AND PROBLEMS OF ITS REALIZATION IN CRIMINAL PROCEDURE

The nature of law-enforcement function of the Constitution of the Russian Federation and its problems, concerned with protection of person's and citizen's laws and freedoms are regarded in this article. [файл.pdf]

Volodina L.M. DIVISION OF POWERS: PERSON'S LAWS GUARANTEE

The problems of organization and functioning of a court as a body of judicial power on the base of division of powers theory are regarded in this article. [файл.pdf]

Amanullina A.F., Muratova N.G. HISTORICAL ASPECT OF JUDICIAL CONTROL FORMATION AT SERVING OF A SENTENCE IN RUSSIA

The attempt to analyze the process of judicial control formation during the serving of sentence stage from past till our days is given in this article. [файл.pdf]

Arabuly D.T. CALL PECULIARITIES OF AN EXAMINATION OF A WITNESS IN CRIMINAL LEGAL PROCEEDINGS

Legal peculiarities of a call and an examination of a witness in criminal legal proceedings with barrister's participant are regarded in this article. [файл.pdf]

Baranov A.M., Suprun S.V. CONCLUSION OF A SPECIALIST IS A NEW METHOD OF EVIDENCES COLLECTION

The author of this article has attempted to analyze the consequence of given innovation with account of insertion of a new method of evidences collection "specialist's conclusion" in criminal and procedural law. [файл.pdf]

Berezhko E.V. ACTIVITY OF A BARRISTER-DEFENDER IN CRIMINAL LEGAL PROCEEDINGS: SOME PROCEDURAL AND MORAL ASPECTS

Moral beginnings in criminal legal proceedings are enough important during present-day procedural criminal legislation development. Activity of a barrister-defender was discussed and is discussed now. That's why this article is devoted to some procedural and moral aspects of barrister's activity in criminal legal proceedings, problems of procedural barrister's position, barrister's privacy and relations of a barrister and his client are broached here. [файл.pdf]

Bormotova L.V. DIRECTIONS, MEANS OF DEFENSE AND METHODS OF ITS REALIZATION DURING PREJUDICIAL PROCEDURE OF CRIMINAL CASE

Activity of a barrister-defender during prejudicial procedure of criminal case is regarded in this article. All disposable authorities of defender, which are given to him by Procedural Criminal Code of the Russian Federation, are analyzed here. The attempt to solve procedural problems, concerning the law of a barrister to collect evidences, was endeavored in this article. [файл.pdf]

Tarnavsky O.A. PROCEDURAL AND LEGAL MEANS OF CIVIL SUIT ANALYSIS DURING TRIAL

Procedural problems, concerning investigation of civil suit during trail are regarded in this article. [файл.pdf]

Denisova T.Yu. EXPEDIENCY OF CIVIL SUIT HANDLING DURING CRIMINAL LEGAL PROCEEDINGS

This article is devoted to important problem, which is a support of civil claimant in Russian criminal legal proceedings. [файл.pdf]

Dyk A.G. PROBLEMS, CONNECTED WITH INSTITUTE OF CIVIL SUIT PRODUCTION BY A PROSECUTOR DURING CRIMINAL PROCESS IN FAVOUR OF THIRD PERSONS

The status of civil claimant in a case of civil suit production by a prosecutor at criminal case in favour of third persons (under ages, incapables, state) is opened in this article. [файл.pdf]

Zherebyatiev I.V. IMPORTANT QUESTIONS OF COURT PARTICIPATION IN PRE-TRIAL PROCEEDINGS AT CRIMINAL CASE

Court authorities on the stage of preliminary inquiry are extended greatly with account of basic changes, happened in the sphere of criminal legal proceedings because of new Criminal Procedural Code of RF adoption. Some disputable moments, connected with administration of justice during pre-trial proceedings are regarded in this article. [файл.pdf]

Zakharyan G.Z. CIVIL AND PROCEDURAL STATUS OF FOREIGN CITIZENS AND PERSONS WITHOUT ANY CITIZENSHIP

Civil and legal defense as a free and unchecked access to justice from the side of foreign citizens and their civil and procedural status, is regarded in this article. [файл.pdf]

Kamyshin V.A. DEFENDER AS A SUBJECT OF EVIDENCES COLLECTION: WISHFUL AND REAL

Disputable question about defender as a subject of evidences collection in the science of criminal process is researched in this article. [файл.pdf]

Kondrachuk O.N. INFLUENCE OF EMOTIONS ON THE VERDICT OF JURIES

Actual problems of modern practice of questioning solution about person's guilt by juries (verdict of juries) are regarded in this article. [файл.pdf]

Ksenofontov V.V. THE PROBLEM OF CORRELATION OF ROMAN STATUTE AND CRIMINAL AND PROCEDURAL LEGISLATION OF THE RUSSIAN FEDERATION

The problem of correlation of Roman statute norms of International criminal trial and criminal and procedural legislation of the Russian Federation is regarded in this article. The variants of concordance of questions of Statute, such as principle of complementary character, absence of jury institution and the law of accused on act of grace, transmission of citizens to the Court according to norms of the Constitution of RF and criminal and procedural legislation, are analyzed here. [файл.pdf]

Sementsov V.A. THE SYSTEM OF INVESTIGATIVE ACTIONS IN RUSSIA: HISTORY AND CONTEMPORANEITY

The history of formation of investigative actions system in Russia is disclosed in this article, necessary stages of origin of new cognitive investigation methods are determined here too. The author's interpretation of investigative actions system according to Criminal and Procedural Code of RF 2001 is given here, and the perspectives of this system development because of achievements of technological progress are indicated in this article. [файл.pdf]

Pobezhimova L.P. THE VICTIM PARTICIPATION IN PROCEEDING OF INVESTIGATION EXPERIMENT DURING JUDICIAL ENQUIRY

The meaning of investigation experiment, conducted during judicial enquiry, the aim of which is to reveal the mechanism of traceformation, is disclosed in this article. [файл.pdf]

Povrezuk G.I. COLLECTION PECULIARITIES OF INFORMATION ABOUT PERSON IN CRIMINAL AND CIVIL LEGAL PROCEEDINGS

The main task of investigation process of any crime is to establish all persons accessorial to it commitment. To establish a person it is necessary to have definite information about properties and peculiarities of this person. The peculiarities of information collection about established person is regarded in this article. [файл.pdf]

Volosova N.Yu. CRIMINAL AND PROCEDURAL CRIMINAL PROBLEMS OF LAW REALIZATION OF A PERSON TO HAVE FREEDOM IN GIVING EVIDENCE

This article is devoted to the important questions, connected with using of criminal and procedural criminal legislation at law realization of a person to give evidence during procedural activity of criminal case. [файл.pdf]

Pogorelov D.V. DATA INVESTIGATION OF AN ACCUSED PERSON, HAVING PHYSICAL AND MENTAL DEFECTS PER PROCEEDINGS OF MEDICAL PSYCHIATRIC EXAMINATIONS

The author of the article examines the problems, concerned the order of data investigation of an accused person, having physical and mental defects per proceedings of medical psychiatric examinations. [файл.pdf]

Rezepkin A.M. WHO CAN BE A DEFENDER IN A CRIMINAL LEGAL PROCEEDING?

This article is devoted to the disputable problem in the science of criminal procedure about procedural position of defender- barrister. [файл.pdf]

Sboev A.S. THE OBJECT OF JUDICIAL CONTROL DURING PRE-TRIAL CRIMINAL LEGAL PROCEEDING

The object of judicial control during pre-trial criminal legal proceeding is analyzed in this article. Concrete definition of common criterion "breach of constitutional law" by definition of not separate cases, but blocks (groups) of basis, permitted appeal of illegal actions and decisions of preliminary inquiry bodies in a court, is offered here. [файл.pdf]

Slavgorodskikh A.A. REALIZATION OF SECURITY FUNCTION OF A STATE PER CRIMINAL PROCEDURAL FORM OF LEGAL PROCEEDING

The question about importance of procedural form at realization of security function of state, in the base of which the defense of person's laws and freedoms are the priority direction, is regarded in this article. [файл.pdf]

Gazetdinov N.I. ESSENCE AND MEANING OF COMPETITION PRINCIPLE

This article is devoted to the problems of essence of competition principle in criminal legal proceeding on the base of admitted Criminal Procedural Code of RF. [файл.pdf]

Skiba L.G. SOME PROBLEMS OF CRIMINAL PROCEDURAL CODE OF RF IN CONDITIONS OF COMPETITION IN CRIMINAL LEGAL PROCEEDING

Positions of criminal procedural law, concerned to the stage of criminal case initiation and institution of case turning to further inquiry by court, is analyzed in this article. [файл.pdf]

Sokolova N.G. ASSIGNMENT OF BARRISTER-DEFENDER AT THE STAGE OF PRELIMINARY HEARING WITHIN JURY

The questions about the importance and role of barrister-defender, taking part in preliminary hearing of cases within jury, are regarded in this article. [файл.pdf]

Takhtobina T.A. PECULIARITIES OF RESULTS' APPRAISAL OF OPERATIVE RESEARCH ACTIVITY IN CRIMINAL LEGAL PROCEDURE (THE PROBLEMS OF ADMISSIBILITY IN EVIDENCES QUALITY)

Peculiarities of operative research activity in criminal legal procedure on the base of admitted new Criminal Procedural Code of RF are analyzed in this article. [файл.pdf]

Tkacheva N.V. LIMITS OF COMPULSION USE IN CRIMINAL LEGAL PROCEEDING

Measures of criminal procedural compulsion, used by state bodies and officers as a type of influence on behavior of criminal case participants are regarded in this article. [файл.pdf]

Fedotova E.V. THE ROLE OF DEFENDER IN SPECIAL ORDER OF TRIAL

This article is devoted to the problems of defender's participation in new institution for criminal procedure of RF, which is special order of taking sentences according to chapter 40 of Criminal Procedural Code of RF. The author analyses the experience of legislator in the sphere of similar institution of criminal process of foreign countries. The problems of law defense of accused in special order of trial of criminal cases, triable to justice of the peace are attended in this article. [файл.pdf]

Khripchenko S.N. THE ANALYSIS OF FEDERAL LAW "ABOUT STATE DEFENSE OF VICTIMS, WITNESSES AND OTHER PARTICIPANTS OF CRIMINAL LEGAL PROCEEDING"

State of new Federal law about defense of participants of criminal legal proceedings during new institution formation of providing of criminal process participants security, is analyzed in this article. [файл.pdf]

Chuvashova N.S. THE ROLE OF DEFENDER IN A SPECIAL ORDER OF TRIAL

The practice of case administration in a special order of trial is analyzed in this article. Also the statements of at legislation changing, directed on defense of accused interests are attached here. [файл.pdf]

Shirshov E.V. THE SUBJECT OF CIRCUMSTANCES PROVING AT CRIMINAL CASE REGARDING TO UNDER-AGE SUSPECTED PERSONS, ACCUSED

The specificity of circumstances proving at criminal case regarding to under-age suspected persons and accused, is regarded in this article. Legislative fastening of peculiarities of proving and questions about Juvenal justice, is taken into consideration here. [файл.pdf]

Mischenko E.V. PROCEDURAL AND PSYCHOLOGICAL PECULIARITIES OF UNDER-AGE ACCUSED EXAMINATION

The procedural peculiarities regulated with criminal procedural law of order of proceedings conduct at some categories of criminal case are regarded in this article. [файл.pdf]

Shmeleva E.S. SOME ASPECTS OF JUDGMENTS APPEAL IN CRIMINAL LEGAL PROCEEDING

Part of regulations of Criminal Procedural Code of RF, which regulate the procedure of appeal order of justices of the peace judgments retrial, is searched in this article. [файл.pdf]

Yurchenko L.V. EVIDENCES APPRAISAL ON THE STAGE OF PREPARATION TO THE TRIAL

The stage of case preparation to the hearing, which was named early as the stage of committal, is discussed in this article. The problem of control during this process stage is regarded here, and the problem of evidences appraisal is researched. The question of moral certainty of judges is searched. [файл.pdf]

Yagofarov S.M. PROBLEM QUESTIONS OF USING OF INTERNATIONAL STANDARDS OF PERSON'S LAW IN CRIMINAL LEGAL PROCEEDING

The author has brought up the question about using of universally recognized principals and norms of international law and international treatments in criminal legal proceeding by courts of general jurisdiction. [файл.pdf]

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