Auswahl der wissenschaftlichen Literatur zum Thema „Criminal justice, administration of – russia (federation) – history“
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Zeitschriftenartikel zum Thema "Criminal justice, administration of – russia (federation) – history"
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Pshava, Veronika Viktorovna, Irina Andreyevna Babenko, Vyacheslav Vitalievich Pletnev, Aleksandr Borisovich Sokolov und Julia Vladimirovna Sadikova. „Trends in developing the jury institution in the Russian Federation“. LAPLAGE EM REVISTA 7, Extra-C (21.06.2021): 118–24. http://dx.doi.org/10.24115/s2446-622020217extra-c993p.118-124.
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The article considers various forms of participating in the administration of justice in criminal cases in the constituent entities of the Russian Federation, the Federal Republic of Germany and the United States of America. A 30-year long development of the jury institution in Russia and its active reforming since 2016 necessitate a scientific analysis of various forms of people's participation, identification of their features, positive and negative experience. Despite the expanded jurisdiction of the jury considering criminal cases, the introduction of this institution at the level of district courts and the reduction of jury members, there is an acute issue of forming jury boards (the unwillingness of citizens to participate in the administration of justice) and a large number of repealed sentences passed in this form of legal proceedings. The positive experience of other democratic federal states can serve as an example of ensuring the functioning of the jury institution in Russia.
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Petrikina, Anna A., Tatyana G. Borodinova und Irina V. Gubko. „Information and digital technologies in jury trial of criminal cases in Russia“. RUDN Journal of Law 27, Nr. 3 (15.12.2023): 805–18. http://dx.doi.org/10.22363/2313-2337-2023-27-3-805-818.
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It is difficult to overestimate the role of the institution of jurors in criminal procedural law, since due to its existence the possibility of people's participation in the justice process is realized. The process of forming the jury bench and their direct participation in criminal cases in practice is possible with the use of various information technologies. In the rapidly changing socio-political situation in society, the participation of representatives of the people in administaring justice is impossible without modern information and digital technologies. The expansion of the scope of jury activities and extension of their competence to the categories of criminal cases under the jurisdiction of not only regional, but also district level, predetermined the study and analysis of problems arising in the formation of the jury panel and organization of their activities in the trial in the traditional and remote format as the purpose of the study. The following tasks are defined: to identify, with the help of information and digital technologies, the reasons for the low activity of the population in realization of the right to participate in justice administration; to determine the strategy for screening candidates and their subsequent preparation for participation in court session; to solve organizational problems of implementing new forms of this institution of criminal justice in the Russian Federation. An attempt has been made to update the scientific position regarding the process of formation and further activities of the jury panel in criminal proceedings based on the available digital and information capabilities. Implementation of the results of the work is possible both for practitioners of the judicial system and for researchers in the field of criminal procedure envolved with formation, development and improvement of the institution of jurors. It can be concluded that transformation of forms of criminal proceedings taking place in the modern world, emergence of new technologies, penetration of digitalization into all spheres of human life have significantly affected the genesis of popular representation in justice administration in criminal cases and become an integral part of it, requiring legal certainty.
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Azarov, Vladimir A. „Justice as the primary basis of equality of all before the law and court in the criminal procedure of Russia“. Vestnik Tomskogo gosudarstvennogo universiteta. Pravo, Nr. 43 (2022): 5–20. http://dx.doi.org/10.17223/22253513/43/1.
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The article presents the results of the historiographic studies of the principle of equality of all before the law and court in the criminal procedural legislation of Russia. Considering the importance of the above principle for the formation of the authority of the judiciary, the author substantiates its fundamental role in the assessment by the population of the country of the presence and reflection in the law of justice as the core category of the genotype of the Russian nation. The positions of opponents of the legislative decision about the reflection of the category of «objective truth» in the text of the Criminal Procedure Code of the Russian Federation are analyzed, the inconsistency and even the perniciousness of introducing the artificial concept of «legal justice» into the theory and practice are shown. The comparative characteristics of the textual expression of the principle of equality of all before the law and court in various legislative acts of the Russian Federation are given. On this basis, the preferred wording of this principle in the Criminal Procedure Code has been formulated. The segments of the content of the concept of justice in criminal proceedings are interpreted. From the standpoint of social justice, the redundancy of the presence in Chapter 52 of the Criminal Procedure Code of the Russian Federation of a large detachment of representatives of all branches of state power of Russia, endowed with additional privileges in criminal proceedings, is shown and commented on. The directions of changing the procedure for criminal proceedings against state and municipal employees, as well as the limits of their inviolability in the sphere of activity of criminal justice bodies, have been identified and substantiated. The evidence for the expediency of the direct participation of federal judges of courts of general jurisdiction in resolving the issues of restriction, suspension and deprivation of immunity of state and municipal employees for their criminal prosecution is given. The history and causes are studied, the initiators and conditions for the creation of the above section of the Criminal Procedure Code of the Russian Federation are revealed, an assessment of its compliance with the typology and traditional ideology of the national criminal procedure is given. The most suitable options for legislative solutions that allow minimizing reputational losses for all branches of state power in cases of bringing their representatives to criminal liability are discussed and selected. A scheme of legislative work to optimize the content of the above section of the Criminal Procedure Code and to strengthen the principle of equality of all before the law and court and justice in the sphere of activity of criminal justice bodies is proposed and substantiated.
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Adashkin, D. A. „The Essence and Social Functions of the Judiciary in Modern Russia“. Actual Problems of Russian Law 16, Nr. 8 (04.09.2021): 42–51. http://dx.doi.org/10.17803/1994-1471.2021.129.8.042-051.
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The paper is devoted to the analysis of the correlation between the concept, essence and social functions of the judiciary of the Russian Federation. The author examines the main features of the dominant approaches in the domestic legal doctrine to the concept of the judicial power as a type of social power, a form of exercising state power and organizationally and procedurally formalized coercion with its inherent legal properties. Based on the analysis of theoretical and legal sources, to develop the concept of the judiciary, the author determines its essence as: a form of administration of social processes by resolving social conflicts; specific activities of state bodies through the constitutional, civil, administrative and criminal proceedings (justice) established by the Constitution of the Russian Federation; methods of using specific means of coercion on behalf of the state. In order to specify the concept and essence of the judiciary in Russia, the author examines its functions of ensuring constitutional law and order, legal protection, restoring violated rights, imposing legal responsibility on the offender, legal education, raising legal awareness and respect for the rights of citizens. The author makes a number of proposals aimed to improve the implementation of these functions in terms of respect for the law and the court, including by improving the activities of the courts themselves, expanding the openness and accessibility of certain judicial information through the National Automated Sistem "Justice" (GAS) of the Russian Federation and social networks.
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Zakharchuk, Sergey. „Environmental law and reconciliation with a representative of power under criminal law of Russia“. E3S Web of Conferences 244 (2021): 12021. http://dx.doi.org/10.1051/e3sconf/202124412021.
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Domestic criminal legislation provides for possibility of releasing from criminal liability a person who has committed a crime of small or medium gravity for the first time, provided that he/she has reconciled with the victim and made amends for the harm caused. Comparative legal analysis shows that similar norms are found in the criminal laws of foreign states. The article discusses issues related to the possibility of terminating a criminal case in connection with the reconciliation of parties in the event that a victim is a representative of authorities. As a result of analysis of scientific positions on this issue, as well as corresponding law enforcement practice, ambiguity in approaches to its solution was revealed. The presence of certain contradictions in the area under study is also confirmed by statistical information. The author substantiates the position on the need to establish a ban on exemption from criminal liability in connection with reconciliation with the victim, if a crime is committed against justice or the order of administration, and the victim is a representative of authorities. In this case, the victim acts as an additional objective manifestation of encroachment, and therefore, reconciliation cannot eliminate the harm done to the interests of the state - the main object of criminal encroachment. In order to resolve the problem, it is proposed to amend Article 76 of Criminal Code of Russian Federation.
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Arkhipov, Andrey V. „THE HISTORY OF THE DEVELOPMENT OF LEGISLATION ON LIABILITY FOR FRAUD IN RUSSIA“. Vestnik Tomskogo gosudarstvennogo universiteta. Pravo, Nr. 40 (2021): 12–20. http://dx.doi.org/10.17223/22253513/40/2.
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The article examines the history of the emergence and development of Russian legislation on criminal liability for fraud. It is noted that for the first time fraud is mentioned in the legal acts of the second half of the 16th century - the Codes of Justice of Tsars Ivan IV and Fyodor Ioannovich. Initially, fraud was most often understood as a deft but petty theft, in which de-ception was used to facilitate its commission. The understanding of fraud as the theft of other people's property, committed by deception, began to be formed only in the second half of the 18th century with the publication on April 3, 1781 by Empress Catherine II of the Decree "On the court and punishments for theft of different kinds and the establishment of working houses in all the gubernias." In the 19th century, the clarifying process of the content of the term "fraud" continued. It was reflected in the first codified criminal laws of the Russian Empire - Code of crimi-nal and corrective penalties of Russia of 1845 and the Charter on Punishments imposed by the justices of the peace of 1864. A significant contribution to the development of the Russian criminal law on liability for fraud was made by a group of legal scholars involved in the de-velopment of the Criminal Code of the Russian Empire, in which the whole Chapter 33 (Arti-cles 591-598) contained the rules on liability for fraud. Although the 1903 Criminal Code was not fully enacted, it had a significant impact on the formation of criminal law on liability for fraud in subsequent regulations. During the Soviet period, the legislation on the responsibility for fraud continued to develop. For the first time, abuse of trust was mentioned as a method of crime, along with deception. After the collapse of the Soviet Union and the adoption in 1993 of the Constitution of the Russian Federation, the Federal Law 10 of 01.07.1994 made signifi-cant changes to the Criminal Code of the Russian Federation of 1960 that served as the basis for the system of crimes against property in modern Russia.
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Yaselskaya, Veronika V., und Alena V. Grishchenko. „Exercise of the Right of Citizens to Participate in the Administration of Justice: Possible Ways of Reforming in the Criminal Process“. Ugolovnaya yustitsiya, Nr. 17 (2021): 69–75. http://dx.doi.org/10.17223/23088451/17/15.
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The Constitution of the Russian Federation considers the jury as a form of citizens’ participation in the administration of justice, though it was not widely accepted for a long time. Recreated in the early 1990s, the jury trial suffered from limited powers. Subsequently, the range of criminal cases within its jurisdiction became even more limited. The jury expanded its jurisdiction when introduced to district courts in June 1, 2018. On the one hand, the expanded jurisdiction of the jury improves activities of the court and other participants in the criminal process. On the other hand, the changes did not result in the effective exercise of the right of citizens to participate in the administration of justice, which suggests the necessity of the jury’s further expansion. Since it is difficult not to ensure the participation of the jury in minor and medium gravity cases, the increase in the number of cases brought before a jury should occur at the expense of certain types of grave and especially grave crimes. The expansion of the jury competence on grave and especially grave crimes will not be a final solution to the problem of involving citizens in the administration of justice. In contrast to Soviet Russia, where popular representatives (lay judges) exercised control over the judges in all criminal cases at first instance, today, in most cases, justice is administered by judges alone. The people’s court has advantages over the sole consideration of the case, as it ensures open justice, increases the responsibility of professional participants in the process, and raises the prestige of performing judicial functions. It is possible to return lay judges to district courts for non-grave and medium-grave cases implying custodial punishment. Thus, the effective implementation of the constitutional right of citizens to participate in the administration of justice can be achieved through various forms. Expanding the jury’s competence at the expense of certain types of grave and especially grave crimes, the introduction of lay judges for non-grave and medium-grave crimes implying custodial punishment will promote a broader participation of citizens in the administration of justice.
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Lysova, Alexandra, und Helmut Kury. „Obstacles to the Development of Restorative Justice: a Comparative Analysis of Russia, Canada and Germany“. Всероссийский криминологический журнал 12, Nr. 6 (28.12.2018): 806–16. http://dx.doi.org/10.17150/2500-4255.2018.12(6).806-816.
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Restorative justice (RJ), which is a concept of criminal justice focused on the needs of victims and the community affected by the criminal act rather than on the punishment of the offender, is becoming an integral part of criminal justice in many developed Western countries. Russia, however, is just taking the first steps in the development of restorative justice with the focus on mediation for juvenile delinquents. Using the theory of the (de)civilization process by N. Elias, the authors suggest that a weak state, characterized not so much by inefficient economy as by underdeveloped social institutes, could be an obstacle for a more active use of RJ in Russia. Specifically, the authors claim that corruption undermining the legitimacy of public administration, a lack of trust in law enforcement, suppression of small business and hatred towards some groups of people all strengthen punitive sentiments that contradict the principles of RJ. A comparative criminological analysis of RJ in Canada and Germany reveals the unique history of its emergence and use in these countries in comparison with Russia. As for Germany, the moments of de-civilization in this country in the first half of the 20th century and in the recent years (connected with the uncontrolled influx of migrants) are slowing down the development of RJ. The absence of any significant social upheavals in Canada could explain a strong support for RJ among the local population and a comparatively successful integration of its principles in traditional Canadian criminal justice. In conclusion, the authors debunk some myths regarding RJ, which could constrain its implementation in these countries. In particular, the authors argue, that the traditional paradigm of punishment should not be abolished, but could be supplemented by the paradigm of reconciliation and restoration.
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Markovicheva, E. V. „On the Consideration of a Criminal Case Against a Minor by Jury“. Rossijskoe pravosudie 2 (28.01.2021): 90–96. http://dx.doi.org/10.37399/issn2072-909x.2021.2.90-96.
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The functioning of the jury in Russia has demonstrated not only effectiveness, but also a number of problems that need to be resolved. Such problems include the personal jurisdiction of criminal cases by jury. The article reveals the legal positions of the Constitutional Court of the Russian Federation regarding the right of minors to trial a criminal case in a jury. The approaches to solving this issue that have developed in the judicial practice of individual foreign states are analyzed, the main directions for further scientific discussion regarding the right of minors to a jury trial are outlined. The purpose of the article is to disclose various approaches to the administration of criminal justice in the relations of minors with the participation of lay judges. The theoretical basis of the study was Russian and foreign scientific works in the field of criminal procedure law, devoted both to the consideration of criminal cases with the jury, and the specifics of juvenile criminal proceedings. Using the comparative legal research method has allowed to reveal various approaches to the access of minors to jury trials in individual states. In Russian legislation and judicial practice the question of the right of minors to have a criminal case against them considered by a jury remains unresolved. The position of the Constitutional Court of Russia regarding the jurisdiction of such criminal cases is also controversial. The experience of foreign countries indicates that there is no universal way to ensure the right of a minor to a proper court. This issue is decided depending on the type of criminal process, the presence or absence of specialized juvenile courts. Any direct borrowing in this regard cannot be considered effective, but a generalization of foreign experience can create the necessary basis for optimizing both the work of the jury and criminal proceedings against minors.
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Latypov, Vadim. „Promotion of Justice as an Independent Criminal Procedure Function“. Russian Journal of Criminology 15, Nr. 6 (28.12.2021): 786–96. http://dx.doi.org/10.17150/2500-4255.2021.15(6).786-796.
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The article proves the necessity of involving the persons assisting the parties and the Court into criminal proceedings. The author analyzes the promotion of justice as an independent criminal procedure function under Chapter 8 of the Criminal Procedure Code of the Russian Federation, which is carried out by both the participants of criminal proceedings and by other subjects of criminal law relations who do not have an independent procedural status. The conducted social and legal analysis made it possible to state that the development of the idea of the rule of law requires individuals to obtain a correct understanding of the organization of the modern society, its development trends, and the necessity of acquiring due legal awareness. The understanding of legal awareness varied throughout the history of our state but what remained unchanged were the ideas that it can be influenced and that it determines the development of law and the law enforcement itself. Citizens with the due level of legal awareness are ready to promote justice, which testifies to their high level of social development, a desire to be involved in law enforcement work, to bring justice and ensure legality of procedural decisions. The author shows that criminal proceedings in Russia require facilitation, but the majority of people are not ready to provide it for a number of reasons, which proves the need for a detailed analysis of promoting justice in the modern Russian criminal process. The conducted research stresses the theoretical and practical inadequacy of the three-part system of criminal procedure functions enshrined in the current Russian criminal procedure legislation. The author examines the possibility of singling out the promotion of justice as an independent criminal procedure institute necessary for making lawful, well-grounded and comprehensive procedural decisions by officials and state bodies. The author concludes that it is necessary to introduce changes in the Criminal Procedure Code of the Russian Federations which will foresee the possibility of renaming Chapter 8 of the Code. Besides, having analyzed the concept of «justice», the author presents his position of what should be understood as the promotion of justice.
Bücher zum Thema "Criminal justice, administration of – russia (federation) – history"
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Nethercott, Frances. Russian legal culture before and after communism: Criminal justice, politics, and the public sphere. London: Routledge, 2007.
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2
Zvi︠a︡gint︠s︡ev, Aleksandr. Neizvestnai︠a︡ Femida: Dokumenty, sobytii︠a︡, li︠u︡di. Moskva: "Olma-Press", 2003.
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Gentes, Andrew Armand. Exile, murder and madness in Siberia, 1823-61. Basingstoke: Palgrave Macmillan, 2010.
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Ėkonomicheskie, tylovye i grazhdansko-pravovye problemy sovershenstvovanii︠a︡ dei︠a︡telʹnosti organov vnutrennikh del: Sbornik nauchnykh stateĭ po materialam mezhvuzovskogo nauchnogo seminara. Moskva: Akademii︠a︡ upravlenii︠a︡ MVD Rossii, 2009.
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P, Ri͡a︡bt͡s︡ev V., Hrsg. Organizat͡s︡ii͡a︡ upravlenii͡a︡ v organakh prokuratury: Sbornik nauchnykh trudov. Moskva: Nauchno-issl. in-t problem ukreplenii͡a︡ zakonnosti i pravopori͡a︡dka pri Generalʹnoĭ prokurature Rossiĭskoĭ Federat͡s︡ii, 1998.
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Zinin, A. M. Referativnyĭ obzor osnovnykh rezulʹtatov nauchnykh issledovaniĭ v 1994-1995 gg. Moskva: Ministerstvo vnutrennikh del Rossiĭskoĭ Federat͡s︡ii, Ėkspertno-kriminalisticheskiĭ t͡s︡entr, 1996.
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Pridemore, William. Ruling Russia: Law, Crime, and Justice in a Changing Society. S.I: Rowman & Littlefield Publishers, 2007.
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Ai︠u︡eva, Evdokii︠a︡. Vospominanii︠a︡ i︠u︡rista: O zhizni i idealakh nashego pokolenii︠a︡. Ulan-Udė: BNT︠S︡ SO RAN, 2008.
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Kashaev, K. A. Prokuror--garant sobli︠u︡denii︠a︡ prav i svobod cheloveka i grazhdanina v ugolovnom sudoproizvodstve Rossii. Moskva: Gorodet︠s︡, 2008.
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Kazak, B. B. 200-letie Ministerstva i︠u︡stit︠s︡ii Rossii: Istorii︠a︡ i puti razvitii︠a︡ organov i uchrezhdeniĭ : tezisy dokladov i vystupleniĭ na nauchno-prakticheskoĭ konferent︠s︡ii 14-15 dekabri︠a︡ 2001 goda. Ri︠a︡zanʹ: Ministerstvo i︠u︡stit︠s︡ii Rossiĭskoĭ Federat︠s︡ii, Akademii︠a︡ prava i upravlenii︠a︡, 2002.
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ä, Tapio Lappi-Sepp äl. „Sentencing and Punishment in Finland“. In Sentencing and Sanctions in Western Countries, 92–150. Oxford University PressNew York, NY, 2001. http://dx.doi.org/10.1093/oso/9780195130539.003.0004.
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Abstract The Nordic countries share a long legal and cultural history. The connection between Finland and Sweden has been exceptionally close. For centuries, the same laws were in force in both because Finland was part of Sweden up to 1809. Between 1809 and 1917 Finland remained an autonomous grand duchy of the Russian Empire (but still maintaining its own laws). Finland declared independence from Russia in 1917. During the twentieth century, Finland experienced three wars (the 1918 Civil War and the two wars against Russia between 1939 and 1944). The exceptional wartime and postwar conditions made their mark on Finnish criminal policy. For instance, dire economic circumstances were reflected in the prison administration of the time. There was little scope for the treatment ideology, so prevalent in Denmark and Sweden, to catch on in Finnish policy at mid-century. Instead, the postwar crime increases led to stiffer criminal legislation in the 1950s. In general terms, the criminal justice system of Finland in the 1950s and 1960s was less resourceful, less flexible, and more repressive than those of its Nordic counterparts.