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1
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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Georgievskiy, E. V., und R. V. Kravtsov. „Crimes against justice in the soviet criminal law“. Siberian Law Herald 4 (2021): 98–103. http://dx.doi.org/10.26516/2071-8136.2021.4.98.
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The article analyzes the Soviet criminal laws containing criminal attacks against justice. Starting with the Decrees of the Council of People’s Commissars and ending with criminal codes, the Soviet legislator is trying to create a system of crimes that violate the interests of justice. The doctrinal views of scientists on the essence and types of various criminal manifestations that encroach on the foundations of judicial and public power in the Soviet state are presented. The research methodology was made up of specific historical and comparative (comparative legal) approaches to the legal nature of the institution of crimes against justice. The basis for the formation of conclusions is a general inductive method, which allows from private (casuistic) legislative fragments to come closer to the general principles of legislative registration of the protection of the interests of justice. In the course of the study, a number of theoretical propositions were identified and systematized. Particular attention is paid to the 1960 Criminal Code of the RSFSR, in which, for the first time in the history of Russian criminal legislation, all crimes against justice were collected together in one chapter and systematized. The authors suggested that a kind of “inertia of legislation” in the issue of legislative regulation of crimes against justice in the first years of Soviet power is explained by the general approach to judicial and public power as a faceless part of the mechanism of state administration. And only over the years does a fundamentally different approach to the protection of public relations in the sphere of justice begin to take shape.
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SOWIŃSKA, Danuta. „Warszawa i Lublin jako główne ośrodki obywatelskiego wymiaru sprawiedliwości w Królestwie Polskim w 1915 r“. Historia i Świat 4 (16.09.2015): 305–36. http://dx.doi.org/10.34739/his.2015.04.15.
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The emergence of civil justice after the evacuation of Russians from the Polish Kingdom in 1915. This is one of the most important moments in the history of Polish judiciary. After more than a century of power invaders there is a chance to regain control over the administration and the judiciary. Polish lawyers had hoped that the occupiers leave the judiciary in their hands. Warsaw and Lublin - the fastest two centers operating in the Kingdom have become a role model for other courts. Regulations approved by the Committee of Citizens in Warsaw described the organization of the local judicial institutions. Its provisions became a model for the courts of Lublin, modifications resulted only from local relations. In addition to the changes in the organization and structure of the judiciary was introduced innovations in the rules of substantive law, both civil and criminal. They eased and modernize the existing legislation of the Russian case studies. The need for the establishment of the civil courts, as well as their functioning efficiently also testified by the number of pending cases. Polish lawyers hope to permanently take over the judiciary in the Kingdom were quickly snuffed out by the occupation authorities. Both in Warsaw and Lublin Polish citizens' initiative was considered as illegal and brought to its liquidation. However, experience has resulted in a few weeks on September 1 IX 1917 at the time of the recovery from the hands of the occupiers of justice.
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Vasilyev, Pavel. „Sex and Drugs and Revolutionary Justice: Negotiating 'Female Criminality' in the Early Soviet Courtroom“. Journal of Social Policy Studies 16, Nr. 2 (03.07.2018): 341–54. http://dx.doi.org/10.17323/727-0634-2018-16-2-341-354.
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Pavel A. Vasilyev – kandidat nauk (PhD) in Russian History, Postdoctoral Fellow, Polonsky Academy for Advanced Study in the Humanities and Social Sciences, Van Leer Jerusalem Institute, Israel. Email: pavelv@vanleer.org.il
This article builds on previous research on early Soviet female criminality, in particular the studies by Sharon A. Kowalsky and Dan Healey, that have demonstrated how Soviet courts and criminologists explained and handled crimes committed by females, revealing, in the process, profound ambiguities and contradictions in their attitudes towards women. However, unlike Kowalsky and Healey, I focus on an earlier period (1917–1922) and make extensive use of the under-researched archival collections of Petrograd’s local judicial institutions (People’s Courts), drawing on materials such as investigatory reports and court proceedings. Focusing on a 1919 criminal case from the Central State Archive of St. Petersburg (Tsentral’nyi gosudarstvennyi arkhiv Sankt-Peterburga, TsGA SPb) in particular, this paper argues that in the volatile setting of the early Soviet courtroom 'female criminality' was not a clear-cut concept, but rather a malleable product of intense negotiations that involved all legal actors and centered around the contested notions of female subjectivity, socialist ideology, and the material conditions of living. Employing quasi-theatrical language, I first introduce the protagonists and describe the background of this criminal case. Then, I look at the litigation strategies that the two main female defendants employed and the different ways in which they highlighted the material embeddedness of their emotions. Finally, I examine the expressions of remorse and reflect on their role in sentencing within the wider context of the ongoing Russian Civil War and the early Soviet legal reforms. By viewing 'female criminality' as a product of open-ended negotiations and by re-emphasizing the material conditions of revolutionary Petrograd, the article provides a new perspective on gender, crime and the administration of justice in that turbulent period.
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Ragimov, Ilgam M. „Nuremberg Trials: the triumph of justice or the trial of the victors? (Reflections on the book by A.N. Savenkov “Nuremberg: A Verdict for name of Peace”“. Gosudarstvo i pravo, Nr. 12 (2022): 7. http://dx.doi.org/10.31857/s102694520023298-8.
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The article analyzes historical, geopolitical, legal and other aspects of the organization and conduct of the International Military Tribunal on the basis of the monograph by Corresponding Member of the Russian Academy of Sciences A.N. Savenkov “Nuremberg: A Verdict for name of Peace”. over the main Nazi criminals, the political, legal and moral significance of its results for the further strengthening of peace on Earth and the prevention of global wars, the prevention of crimes against the peace and security of mankind, the development of International Law, etc. are investigated. Based on the results of A.N. Savenkov’s research, the study of archival materials of the Nuremberg Trials and other sources on this issue, the authors believe that: • in the entire history of legal proceedings, there has probably never been a court like the Nuremberg Trials. Its uniqueness lies in the fact that it is the first case in the history of justice (sui generis) when more than 20 high-ranking officials, who were part of the highest political and military leadership of a single aggressor state, found themselves in the dock, guilty of both planning, preparing and unleashing a world war, and committing during it mass crimes against peace and humanity; • the historical value of the International Military Tribunal is also seen in the fact that its results had a huge impact on the course of world history, outlined the basic contours of the new architecture of the post-war world order and world order on Earth, laid the foundations of international criminal justice, etc., and the Tribunal itself became a symbol of the victory of good over evil; • the Nuremberg Trials showed that for crimes against peace, war crimes and crimes against humanity committed during an aggressive war, the victorious States have the right to establish a special court (ad hoc) with universal jurisdiction against the political and military leaders of the defeated State, to determine a list of specific crimes (including those with criminal retroactivity), those under his jurisdiction, to provide for a special procedure for the administration of justice, to establish the types of punishment for the perpetrators and their terms, the order and form of execution of a court sentence, etc.; • the refusal of the founders of the Ministry of Internal Affairs to bring to trial the highest state and military officials of Nazi Germany on the basis of the national laws of the countries on whose territory they committed numerous terrible crimes incompatible with human nature was due to the fact that the norms of criminal legislation of none of these states (as, indeed, International Law of that time) did not they fully covered all the specifics of the objective and subjective properties of many barbaric crimes committed by Nazi criminals against humanity, therefore, it was not possible to talk about this category of monstrous acts that claimed the lives of tens of millions of innocent people as classic forms or types of crimes that infringe on the rights and freedoms of individual citizens or states, even at the level of the institution of analogy in law; • taking into account the irremediable contradictions between the norms of national and International Law, on the one hand, and the essentially unprecedented atrocities committed by Nazi criminals on a massive scale, on the other, the victorious countries in World War II as bearers of supreme power in Germany (due to the loss of its legal personality) on August 8, 1945 we made the only possible decision in the current situation: 1) to establish an open International Military Tribunal with universal jurisdiction for the prosecution and punishment of the main war criminals of the European Axis countries; 2) on the basis of international treaties and agreements, the basic values of natural law, generally recognized principles of Criminal and Criminal Procedure Law, taking into account certain provisions of the Anglo-Saxon and Romano-Germanic legal systems, adopt the Statute of the Ministry of Internal Affairs, the norms of which should: a) determine the powers and procedures of this judicial body; b) contain a criminal definition of the concepts of “criminal organization”, “crime against peace”, “war crime” and “crime against humanity”; c) provide procedural guarantees for the defendants and their defenders; d) to fix the provision according to which the official position of the defendant (be it the head of state or another responsible state official) is not a basis for exemption from liability or mitigation of punishment, etc.; • in the process of working on the Statute of the Ministry of Internal Affairs, the doctrine of due (supervisory) law was widely applied in it, which, unlike what exists, is based on such immanent properties of a person’s spiritual being as justice and freedom of spirit, morality and common sense, etc. The originality of supervisory right is also manifested in the fact that it is free from any whatever the external definitions and directives, it is not burdened with political and ideological dogmas; • by its nature, the Charter of the Nuremberg Tribunal is not a normative legal act in the traditional sense of the term, but a special international prescriptive act with the force of law, adopted on August 8, 1945 by representatives of the heads of government of the USSR, the USA, Great Britain and France in the form of an annex to the London Agreement “On the Prosecution and Punishment of the main War Criminals of European Countries axes”; • in the verdict of the International Military Tribunal, for the first time at the global level, legal entities were recognized as the subject of crimes against peace, war crimes and crimes against humanity – the Elite Guard (SS), the Security Service (SD), the Secret State Police (Gestapo) and the National Socialist Workers’ Party of Germany (NSRPG). At the same time, not all crimes committed by high-ranking officials and institutions of Nazi Germany during the Second World War were reflected or properly assessed in it; • the expectations of the world community from the Nuremberg Trials were only partially justified, since in those years many in the world believed that all Nazi criminals should be put to death without trial. Only the firm position of the USSR and its insistent demands to the allied powers about the need to bring them to trial prevented further extrajudicial reprisals against them; • the International Military Tribunal in Nuremberg cannot be regarded as a “court of victors” over the defeated. It should be perceived as a unique judicial and legal phenomenon in the history of mankind - Transitional Justice at a critical stage in the modern history of mankind.
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Kaburkin, Aleksandr A. „COURTS OF THE KHANTY-MANSI AUTONOMOUS OKRUG IN THE FIRST YEAR OF THE POST-WAR FIVE-YEAR PLAN“. Historical Search 2, Nr. 2 (25.06.2021): 13–20. http://dx.doi.org/10.47026/2712-9454-2021-2-2-13-20.
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The judicial system and the judicial authority in any state and in any society perform very important socially significant functions. That is why the issues of evolvement, formation, as well as the legal regulation of the court system, improving the legislative framework of the judicial system’s activity are a serious link in the construction of a democratic state governed by the rule of law. A comprehensive and complete study of construction and transformation of the Soviet judicial system in this context is extremely relevant and is of paramount importance both for the Russian society and for the Russian state, since it was the Soviet judicial system that was the basis for constructing the current Russian judicial system. In this aspect, the post-war stage in the formation of the judicial system in the USSR is of particular interest, its study requires a particularly careful attention and detailed analysis, including due to its originality and uniqueness in the context of world history. The article considers the features of the formation and activity of the judicial bodies in the Khanty-Mansi National District, as well as the problems faced by the district courts after the end of the Great Patriotic War in the first year of the post-war five-year plan of 1946–1950, aimed at restoring the national economy. The article shows the specifics and uniqueness of the district judicial system functioning, reflects the main directions to which the district courts directed their efforts, describes the main problems that the courts faced in their work. The article presents statistical data on key positions that characterize both criminal judicial and punitive policy and civil law proceedings. Problems and shortcomings in the activity of the Soviet judicial system in the territory of the district are reflected. It is noted that the courts made a significant contribution to the national economy restoration and the establishment of peaceful life in the region. Despite the existence of certain problems in the activities of the district courts, despite the difficulties in their work, including due to the geographical features of the district, the judicial authorities ensured the fulfillment of their extremely important tasks in the field of both administration of justice and ensuring punitive policies and, consequently, following the party’s policies. At this, despite the increase in crime in the first post-war year, the growth of criminal cases, the district courts improved the quality of proceedings conduct.
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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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Dorozhkina, Natalia. „PEOPLE'S ASSESSORS: PROBLEMS AND WAYS OF DEVELOPMENT IN MODERN CRIMINAL PROCEEDINGS“. Economics. Sociology. Law. 03, Nr. 02 (05.07.2024): 63–73. http://dx.doi.org/10.22281/2542-1697-2024-03-02-63-73.
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This article examines the formation and development of courts with the participation of people's and jurors in Russia, provides the German experience of introducing jurors for the administration of justice - the Scheffen court, notes the advantages and disadvantages of the participation of people's assessors in the administration of justice, suggests legislative ways to attract the participation of people's assessors to participate in judicial proceedings.investigations into certain categories of criminal cases. The object of the study is relations in the field of administration of justice with the involvement of people's assessors, the research methods used by the author of the study were analysis, synthesis, abstraction, historical, comparative legal, formal logical and other research methods
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Maslennikova, L. N., und T. E. Sushina. „Experience of Criminal Proceedings Digitalization in the Federal Republic of Germany and Possibilities of its Use in the Criminal Proceedings Digitalization in Russia“. Actual Problems of Russian Law 15, Nr. 6 (11.07.2020): 214–24. http://dx.doi.org/10.17803/1994-1471.2020.115.6.214-224.
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The paper analyzes the experience of digitalization of the criminal justice of the Federal Republic of Germany as one of the leading states of the European Union with a high level of informatization of the public administration mechanism. The study of German theory and practice allowed us to conclude that the criminal justice of Germany is quite successful in adapting to the new digital reality and that it is possible to use positive experience in developing the Russian concept of building criminal justice that provides access to justice in the development of digital technologies. It is proposed to consider digitalization as an irreversible and logical process of the development of criminal proceedings, requiring adjustments to the organizational basis of criminal procedure. Along with this, it is concluded that digitalization may become a prerequisite for changing the architecture (construction) of pre-trial stages of criminal proceedings with their subsequent transformation into the initial stage of criminal proceedings prior to justice.
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Pomorski, S. „Justice in Siberia: a case study of a lower criminal court in the city of Krasnoyarsk“. Communist and Post-Communist Studies 34, Nr. 4 (01.12.2001): 447–78. http://dx.doi.org/10.1016/s0967-067x(01)00017-4.
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Empirical investigation of justice administration udertaken in post-Soviet Russia has been insignificant. Consequently, there is a dearth of knowledge about realities of justice administration ‘on the ground’, at the level of districts or towns. The author’s research project, an in depth empirical investigation of the activity of a single criminal court located in the Siberian city of Krasnoyarsk, represents a step toward filling this gap. This paper concludes that the rule of law has made rather limited inroads in the day-to-day operations of criminal courts in the Russian deep provinces. The correspondence between earnestly declared legal principles and the mundane reality of judicial practice is loose and at some junctions non-existent.
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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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Smith, Bruce P. „English Criminal Justice Administration, 1650–1850: A Historiographic Essay“. Law and History Review 25, Nr. 3 (2007): 593–634. http://dx.doi.org/10.1017/s0738248000004284.
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In his inaugural lecture as Downing Professor of the Laws of England at the University of Cambridge, delivered in October 1888, Frederic Maitland offered a set of provocative and now familiar reflections on “Why the history of English law is not written.” According to Maitland, although English archives possessed “a series of records which for continuity, catholicity, minute detail[,] and authoritative value” had “no equal…in the world,” the “unmanageable bulk” of these sources had “overburdened” aspiring historians of English law. As a result, “large provinces” of English legal history remained to be “reclaimed from the waste.” With few willing to undertake such reclamation efforts, the historiography of English law remained as bleak and barren as the bogs from which Maitland's Cambridgeshire had itself only reluctantly emerged.
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Skorokhodov, Artyom K. „University of Tyumen, Tyumen, Russia“. Tyumen State University Herald. Social, Economic, and Law Research 9, Nr. 3 (2023): 161–75. http://dx.doi.org/10.21684/2411-7897-2023-9-3-161-175.
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This article studies the development of the criminal law protection of public relations arising during the administration of justice, namely, the issue of criminal liability for the provision of falsified items and documents provided to the court by persons not involved in the case in response to the judicial act, to which such documents are requested by the court to resolve the case. The relevance of this issue lies in the constantly growing number of cases submitted to the RF courts, which in turn increases the possibility of encroachment on public relations protected by the chapter 31 of the RF Criminal Code. This article aims to analyze the evidence of falsification in civil and administrative cases in relation to acts committed in the process of providing falsified evidence in response to a judicial act seeking evidence. The author makes a proposal to improve the criminal law by expanding the characteristics of a special subject of falsification of evidence in civil and administrative cases by referring to a person providing evidence to the court based on the obligation imposed by the court on such a person to provide them. Additionally, the article considers the possibility of qualifying the studied acts in the conditions of the current legislation.
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Dowling, Rhiannon. „“The Case of Two Boys,” Gender, and Justice in Late Soviet Russia“. Russian History 43, Nr. 3-4 (30.12.2016): 245–74. http://dx.doi.org/10.1163/18763316-04304003.
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This article examines a criminal case from 1966–1969 concerning a crime that took place in 1965 in the town of Izmalkovo outside of Moscow. Two young men were charged and eventually acquitted for the rape and murder of their female classmate. Their trial drew the attention of jurists and journalists from the capital, as well as scrutiny from the highest judicial and party organs in addition to the ire of local villagers. Two accounts remain of the trial: one written in 1969 by a Moscow journalist, Olga Chaikovskaia, well-known for her writings on crime and law throughout the late Soviet period, and the other penned over a decade later by Dina Kaminskaia, one of the defense lawyers in the trial and later notorious for her advocacy on behalf of prominent dissidents. Both of these women, in describing their defense of the young men, employed gendered conceptions of justice and legality in order to criticize or condemn the Soviet justice system and its agents. And yet Kaminskaia’s and Chaikovskaia’s narratives reveal that, in spite of deep divisions between people from different classes, localities, and with disparate education levels, both urban intelligentsia elite women and the simple village women who heartily opposed them could still have a remarkable degree of faith in the criminal justice system well into the era of “stagnation.” What interested the women from the capital in this case was their perception that the highest organs of Soviet power were involved in these boys’ prosecution, and that their convictions were a foregone conclusion. What kept them coming back to Izmalkovo after repeated set-backs, was the hope that, with the right arguments and evidence, and in spite of the political bias working against them, that justice could nonetheless be achieved for the boys. On this count, they were correct.
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Boulanger, Marc. „Justice et absolutisme: la Grande Ordonnance criminelle d'août 1670“. Revue d’histoire moderne & contemporaine 47-1, Nr. 1 (01.02.2000): 9–36. http://dx.doi.org/10.3917/rhmc.g2000.47n1.0009.
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Résumé Nouveau Justinien, Louis XIV a chargé depuis 1665 une quarantaine de juristes confirmés de préparer un monumental ouvrage de synthèse, un code de procédure criminelle. Quelle place donner à l'être humain dans l'édifice pénal ? Comment réglementer la peine de mort ? quels privilèges judiciaires faut-il préserver ? Comment créer une administration irréprochable ? Déchirée entre tradition et modernité, la grande ordonnance criminelle d'août 1670 est le fruit de débats passionnés... Mais l'oeuvre peut-elle suffire à répondre aux attentes d'une France saturée de violences, d'injustices et de criminalité ? Posing as a New Justinian, Louis the XlVth requested a bunch of forty highly skilled jurists to prépare a huge synthesis about criminal procédures. What status can the pénal structure offer to the human being ? How cah be improved the régulations about death penalty ? about légal privilèges ? How can be created a stainless administration ? Torn between tradition and modernity, the great criminal régulation, August 1670, is the fruit of impassioned debates... May this work,however, be enough to live up to the French' expectations, in thèse days full of violence, injustice and criminality ?
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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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Constant, Frédéric. „Thinking With Models: The Construction of Legal Cases as Reflected in Late Qing Local Archives“. T’oung Pao 107, Nr. 3-4 (08.09.2021): 417–73. http://dx.doi.org/10.1163/15685322-10703012.
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Abstract In current scholarship, late imperial China’s criminal justice is mainly studied through judicial documents reviewed by the central administration, first and foremost the xingke tiben 刑科題本, or copies of routine memorials made by the censorial section of the Board of Punishments, as well as memorandum (shuotie 說帖) recorded in collections of cases. In this article, by contrast, I analyze a sample of more than forty dossiers on criminal cases constituted at the county level, for which the final judgment approved by the central administration is known. The reconstitution of the whole adjudication process shows that local magistrates often adapted the facts to fit the extant legal categories and commonly relied on model cases to craft their decisions. This pattern of administration of justice did not necessarily entail a miscarriage of justice and has its origin in a form of legal reasoning framed by the bureaucratic organization of late imperial Chinese justice.
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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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Vereshchagina, A. V., und M. E. Omelyanenko. „Institutionalization of Justice in the Provisions of Russskaya Pravda (Russian Justice)“. Actual Problems of Russian Law 15, Nr. 1 (20.02.2020): 11–23. http://dx.doi.org/10.17803/1994-1471.2020.110.1.011-023.
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The phenomenon of Russskaya Pravda (Russian Justice) has been the subject of numerous studies. However, until now there has not been any exhaustively complete description of the judicial system of Ancient Russia due to scarcity of authentic sources.An analysis of the provisions of the most well-known copies of Russkaya Pravda (Russian Justice) and available research have resulted in making a number of statements.The system of justice in Ancient Russia was multisystematic in character and consisted of 4 relatively independent systems: communal, patrimonial, ecclesiastical and princely. The system under consideration had developed as a result of preservation of tribal elements and social stratification, active political genesis and Christianization. The organization of government, including the judicial system, was based on the principle of suzerainty-vassalage, i.e. the persons involved in the administration of justice were servants of the Prince who delegated judicial power to them. The competence of judicial officials was diversified according to the subject matter, territorial and personal criteria. In the system of powers of judicial officials, the powers to charge fees and fines and to impose penalties were the most important. Under Russkaya Pravda (Russian Justice) the system of judicial officials represents a kind of matrix underlying the subsequent institutionalization of judicial bodies.The complex of powers of officials dealing with pre-trial preparation of cases and enforcement of judgments proves that, despite the unity of the procedure for resolving all types of “grievances,” the law-maker distinguished civil and criminal disputes.
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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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Гилинский, Яков. „DIGITAL WORLD AND LAW“. Rule-of-law state: theory and practice 16, Nr. 4-1 (01.04.2020): 22–30. http://dx.doi.org/10.33184/pravgos-2020.4.3.
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Digitalization of all (or almost all) spheres of human life also affects the problems of law and law enforcement. Purpose: to analyze some aspects of digitalization of crime, human rights and freedoms, administration of justice. Methods: analysis of literary sources, statistics, theoretical methods of formal and dialectical logic are used. Results: the review of the dynamics of modern crime rate and structure in the world and in Russia allows us to conclude that there is a tendency to reduce the crime rate, especially violent crime, and the emergence of new types of «digital» crimes - cybercrimes, fraud in the field of computer technology. The use of digital methods of observing over people has given rise to a new and complex problem: «security measures versus human rights and freedoms», «orwellization» of life. Digital methods will increasingly be used in the administration of justice. «Electronic scales of justice», offering a measure of punishment in a specific criminal case is one of the implementations of introducing digitalization in judicial proceedings.
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Kvasha, Oksana, und Babanly Rasim. „International crimes in the conditions of war in Ukraine: problems of justice and criminal justice“. Yearly journal of scientific articles “Pravova derzhava”, Nr. 34 (01.08.2023): 485–95. http://dx.doi.org/10.33663/1563-3349-2023-34-485-495.
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Introduction. Ukraine's victory in the on going war against Russia depends, among other things, on the mobilization of the entire domestic criminal justice system for effective investigation and prosecution of those guilty of crimes against the Ukrainian people. Russia's aggression in Europe did not begin in 2022 with a full-scale invasion of Ukraine, and not even in 2014 with the annexation of the Autonomous Republic of Crimea and the occupation of part of the Donetsk and Luhansk regions, but in 2008,when military operations were launched in Georgia. Unfortunately, neither in 2008 nor in 2014 did the international security system and the world react properly and mobilize efforts to prevent a full-scale war in the heart of Europe, a war with signs of genocide, terrorism and barbarism, the death of thousands of civilians, the destruction of critical infrastructure European state. The aim of the article is to determine the state of response to Russia's armed aggression by national and international legal means. Conclusions. Mechanisms for the administration of justice in connection with the commission of crimes currently exist at the national and international levels. The latter, in turn, has two directions: one of them is at the stage of collecting materials, recording and investigating war crimes, crimes against humanity and genocide; the second – in its infancy – at the stage of finding a concept and its further implementation regarding the creation of an international tribunal on the crime of aggression. It is necessary to find mechanisms to bring the representatives of the aggressor state and accomplice states (the Republic of Belarus, Iran) to justice. Since, in general, the entire Ukrainian society is a collective victim of the crime of aggression on the part of Russia, international institutions should be involved in order to carry out fair justice both for the leadership of the aggressor state, accomplice states (aiders), and every military person who committed crimes in Ukraine. Key words: international justice, international crime, aggression, internationaltribunal, fair justice, war crime, court, genocide, national security, state security,collective victim, International Criminal Court, crimes against humanity, complicity, self-defense.
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Butler, Sara M., und Anthony Musson. „Public Order and Law Enforcement: The Local Administration of Criminal Justice, 1294-1350“. American Journal of Legal History 41, Nr. 4 (Oktober 1997): 509. http://dx.doi.org/10.2307/846111.
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Kupryashina, Elena A., Oksana S. Stepanyuk, Irina V. Savelieva, Vyacheslav E. Tonkov und Evgeniy E. Tonkov. „Jury Trial as the Atavism of History“. Journal of Politics and Law 10, Nr. 4 (30.08.2017): 212. http://dx.doi.org/10.5539/jpl.v10n4p212.
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Based on comparative-legal analysis of the jury trials development in Russia and foreign countries, the authors have shown, that broadening of jury trials powers, resulted in remoteness from finding the truth in criminal cases. Concession of the jury's opinion priority over the professionalism of the judge and the evidences, received in the process of investigation, put in jeopardy the fairness and objectivity of the court's decision. As a result, the court, based on the avesty of justicejury's conclusions, is forced, in some cases, to make a travesty of justice.
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Pleshakov, Alexander, und Gennadiy Shkabin. „The use of torture in the search for criminals and the execution of punishments (historical essay)“. OOO "Zhurnal "Voprosy Istorii" 2023, Nr. 11-1 (01.11.2023): 118–25. http://dx.doi.org/10.31166/voprosyistorii202311statyi21.
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The article deals with torture as a means and a way to search for criminals and carry out punishments, which were legitimate forms of criminal justice. The features of the legal regulation of torture in the monuments of Russian law of the 15th - 18th centuries are highlighted. The use of such common types of torture in pre-revolutionary Russia as the rack, whip and whip is analyzed.
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Dimitriou, Yanna, Eleni Socratus und Emmanuil Drakakis. „The Corfu Criminal Court Archive: Recording, Impressing and Studying the Phenomenon of Violence and Justice in the Ionian State (1815-1864)“. Moderna arhivistika 4, Nr. 1 (30.11.2021): 51–65. http://dx.doi.org/10.54356/ma/2021/asxq4654.
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This article examines the encounters of the Ionian people with criminal justice system during the period from 1815 to 1864, when the Ionian Islands were a British protectorate. Drawing on data from cases of the Criminal Court Archives of Corfu for the first time, it argues that criminality mostly concerned the lower social classes and was not very common. Using violence as a lens, the paper primarily focuses on Corfu’s criminal justice system and offers quantitative and qualitative evidence on which further comparative studies of the history of law and crime in Greece and Europe at that time may be based.
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Popova, Elena A., und Vladimir G. Kokorev. „History of domestic legislation development on criminal liability for environmental crimes“. Current Issues of the State and Law, Nr. 20 (2021): 766–78. http://dx.doi.org/10.20310/2587-9340-2021-5-20-766-778.
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We consider the negative impact of society on the environment, which adversely affects humanity itself. We emphasize the peculiarities of environmental crimes development in Russian law. We point out that the first legislative norms containing responsibility for environmental offenses date back to the middle of the 17th century, when the direct reflection of norms aimed at protecting nature from criminal encroachments begins. We note that the Extensive Edition of Rus’ Justice reflected responsibility for the theft of a number of animals, which in a sense can be attributed to environmental encroachments. It is emphasized that if responsibility for such acts was reflected in the Cathedral Code of 1649, then in the Military Article of 1715 it was absent. We note that in the first codified criminal law, adopted in 1845, under the name “Code on penal and correctional punishments”, acts encroaching on the environment were reflected, which was subsequently consolidated and developed in criminal laws as pre-revolutionary Russia (Criminal Code 1903), and adopted after the October Revolution of 1917, especially in the Criminal Code of the RSFSR in 1960.
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Chasovnikova, Olga, und Danila Bolotin. „HISTORICAL AND LEGAL ANALYSIS OF THE SOURCES OF CRIMINAL PROCEDURE LAW OF ANCIENT RUSSIA IN THE X–XI CENTURIES“. LAW. SAFETY. EMERGENCY SITUATIONS 2023, Nr. 4 (29.01.2024): 14–22. http://dx.doi.org/10.61260/2074-1626-2024-2023-4-14-22.
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The role of legal custom and princely laws in regulating criminal law relations at the stage of the emergence of Russian statehood is shown, the main scientific approaches to the «Russian Law» as a regulator of criminal procedural relations and the foundations of the subsequent written code of laws are analyzed. The influence of church statutes of the X–XI centuries on the further development of criminal justice in the Russian state is shown, articles of Russian Truth containing elements of modern criminal procedure are analyzed. The authors analyze the articles of the Pskov Court charter devoted to the types of courts and judicial evidence. Russian «Russian Law» has been concluded about the significance of these normative legal acts in the history of criminal procedure law of Ancient Russia, that the «Russian Law» contained norms regulating criminal procedural relations and became the legal basis for the compilation of the Russian Truth. Russian Truth, the key source of the criminal procedure law of Russia in the XI century,
was formed as a result of the systematization of legal customs, the norms of the «Russian Law», and the reception of some norms of byzantine and ecclesiastical law.
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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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Hendley, Kathryn. „Assessing the Role of the Justice-of-the-Peace Courts in the Russian Judicial System“. Review of Central and East European Law 37, Nr. 4 (2012): 377–93. http://dx.doi.org/10.1163/092598812x13274154886980.
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Justice-of-the-peace courts (JP courts) have been in operation for ten years in Russia. The article assesses the extent to which they have fulfilled the original policy goals of diverting mundane cases away from the raionnye (district) courts and making the legal system more accessible to ordinary citizens. Policy makers have repeatedly tinkered with their jurisdictional parameters in order to find a proper dividing point between the JP courts and the district courts. The caseload data document that the JP courts now handle almost all first-instance administrative cases, as well as about three-quarters of all civil cases. Their role in criminal justice is more constrained. Their success in processing huge numbers of cases is facilitated by the use of “judicial orders” (sudebnye prikazy) in many civil cases, and by the use of a type of plea bargaining (osoboe proizvodstvo) in criminal cases. Each of these procedural mechanisms obviates the need for a full hearing on the merits.
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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.
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Yu. Zhilina, Natalia, Esita E.Ganaeva, Marina L. Prokhorova, Denis N. Rudov und Irina V. Savelieva. „THE SUBJECT OF CRIME: THE PROBLEM OF ESTABLISHING AGE LIMITS OF CRIMINAL RESPONSIBILITY“. Humanities & Social Sciences Reviews 7, Nr. 4 (03.10.2019): 809–12. http://dx.doi.org/10.18510/hssr.2019.74105.
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Purpose: This article presents the authors’ analysis of the problem of determining the subject of a crime as a legal concept, and defining the legal characteristics of a person who has committed a crime by features that are necessary for criminal responsibility (individual, age, and responsibility).
Methodology: The present study was based on a dialectic approach to the disclosure of legal phenomena using general scientific and private scientific methods. Considered the Convention on Rights of the Child1989; International Covenant on Civil and Political Rights "in 1966; and UN Standard Minimum Rules for Administration of Juvenile Justice.
Result: It is noted that the theory of criminal law and criminal legislation of various legal systems, including Russia, associate criminal responsibility with the age of the subject of the crime. Based on the requirements of criminal law, the subject of a crime may not be any imputed person, but only having reached a certain age.
Applications: This research can be used for universities and students in law.
Novelty/Originality: In this research, the model of establishing age limits of criminal responsibility is presented in a comprehensive and complete manner.
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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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Popadenko, E. V. „Institute of Reconciliation in the History of Russian Criminal Justice (Pre-Revolutionary Period)“. Pravo istoriya i sovremennost, Nr. 3(16) (2021): 025–34. http://dx.doi.org/10.17277/pravo.2021.03.pp.025-034.
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The emergence, formation and development of the institution of reconciliation of the parties as a means of resolving legal conflicts have a long history. The origins of reconciliation were primarily laid down in rituals, and later were reflected in laws. At the same time, the institution of reconciliation is mentioned in almost all major history law documents - from Russian Truth to the Judicial Statutes of 1864.Thus, the article shows the development of the institution of reconciliation in Russia from ancient times to the end of the 19th century. The traditions of brother-making and refusal of blood feud are replaced by the procedure for apologizing and filing a reconciliation petition. The article shows how the complication of social relations gradually changed the position towards crime – firstly it was perceived as an insult to a person, but with the strengthening of state power it was seen as an unlawful act, violation of the norms established by the state, where the latter is almost always considered the main victim. This, accordingly, affected the change in attitudes towards the institution of reconciliation – from stimulating the rule-maker to the peaceful settlement of criminal-legal conflicts by the parties to the establishment of a ban on reconciliation in most categories of criminal cases.
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Jaffe, James. „The Indian Panchayat, Access to Knowledge and Criminal Prosecutions in Colonial Bombay, 1827–61“. Law and History Review 38, Nr. 1 (Februar 2020): 47–74. http://dx.doi.org/10.1017/s0738248019000567.
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Throughout the mofussil of the Bombay Presidency British judges and magistrates called upon panchayats, that is, caste or village councils, to help them administer justice. By the mid-nineteenth century, panchayats were being deployed by British justices not only to offer their advice to judges attempting to decide a case, but much more frequently to investigate crimes, including murder, assault, robbery, arson, forgery, rape, and property disputes. Moreover, the active participation of the panchayat in the administration of criminal law varied as much in form as in function. In different scenarios, the panchayat functioned as a coroner's court, a criminal investigation team, and a general witnessing agent for the courts. With very few exceptions, they almost always appear in a supporting role on the prosecution side of any case offering their opinions on the crime in question in written form. Judges, for their part, appear to have relied quite heavily upon these recommendations and there are very few instances in which the panchayat's opinions were either ignored or rejected. There thus developed a hybrid system of justice whereby judges and magistrates adapted, transformed, and incorporated the expertise and knowledge of the ‘customary’ panchayat to suit the needs of British governance and legal administration.
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Россинский, С. Б. „CODE OF CRIMINAL PROCEDURE OF THE RSFSR OF 1922 — THE FIRST CODIFIED SOURCE OF SOVIET CRIMINAL PROCEDURE LAW (THE 100TH ANNIVERSARY OF ADOPTION)“. Digest of research works "Criminalistics: yesterday, today, tomorrow", Nr. 3(23) (30.09.2022): 229–38. http://dx.doi.org/10.55001/2587-9820.2022.80.35.022.
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Настоящая статья посвящена исследованию первого Уголовно-процессуального кодекса РСФСР, принятого в рамках известной судебной реформы 1922 г., обусловленной постепенным выходом Советской России из постреволюционного кризиса и возникновением более устойчивых форм и методов государственного управления. В статье анализируются обстоятельства, сопутствующие принятию Уголовно-процессуального кодекса, в частности, изученные автором архивные материалы. Кроме того, проводится оценка Кодекса на предмет соответствия признакам, присущим классической кодификации, а также раскрывается его значение для последующего развития уголовного судопроизводства. This article is devoted to the study of the first Code of Criminal Procedure of the RSFSR, which was adopted during the well-known judicial reform of 1922. The reform was due to the gradual recovery of Soviet Russia from the crisis after the revolution and the emergence of more sustainable forms and methods of public administration. The article analyzes the circumstances that accompanied the adoption of the Code of Criminal Procedure, in particular the archival materials discovered by the author. In addition, the Code is evaluated for compliance with the features that are inherent in classical codification. It also reveals its significance for the subsequent development of criminal justice.
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Sihag, Balbir S. „Kautilya on Administration of Justice During the Fourth Century B.C.“ Journal of the History of Economic Thought 29, Nr. 3 (September 2007): 359–77. http://dx.doi.org/10.1080/10427710701514760.
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Vishnugupta Chanakya Kautilya wrote a treatise called The Arthashastra, which means “science of wealth.” It contains three parts, which deal with issues related to economic development, administration of justice, and foreign relations. It has 150 chapters, which are distributed into fifteen books. Book three, which has twenty chapters and book four, which has thirteen chapters, are devoted to the administration of justice. Kautilya's Judicial System called “Dandaniti,” “the science of law enforcement” is an important part of The Arthashastra. Kautilya codified, modified, and created new laws related to: loans, deposits, pledges, mortgages etc., sale and purchase of property, inheritance and partition of ancestral property, labor contracts, partnership, defamation and assault, theft and violent robbery, and sexual offenses. He dealt with law and justice issues relating to both the civil law and the criminal law. He offered a truly comprehensive system of justice, which not only incorporated all the salient elements of a twenty-first century system but also contained a few additional invaluable insights.
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Zolotukhina, Natalia M., und Tatiana V. Vlasova. „The First Words about Justice in Russia (Izbornik 1076 and "Bee")“. Rossijskoe pravosudie, Nr. 7 (25.06.2023): 15–26. http://dx.doi.org/10.37399/issn2072-909x.2023.7.15-26.
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The study of the history of the formation of Russian statehood cannot do without the study of issues of law and justice. The Election Book of 1076, despite its predominantly moral and religious content, and The Bee, which includes teachings on various issues formulated on the basis of the works of ancient philosophers and fragments from the Holy Scriptures and the works of the Church Fathers, contain topics on issues related to the realization of law and the administration of justice, which have not lost their relevance today relevance. Based on the analysis, the authors come to the conclusion that the studied historical monuments were the traditional basis of the legal understanding and justice emerging in Russia and have not lost their significance in the light of the present time.
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Amirulkamar, Said, Sufrizal und M. Anzaikhan. „Sejarah Administrasi Pidana Islam dan Relevensinya Terhadap Penanggulangan Perkara di Aceh“. Legalite : Jurnal Perundang Undangan dan Hukum Pidana Islam 7, Nr. 2 (31.12.2022): 147–64. http://dx.doi.org/10.32505/legalite.v7i2.5377.
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As a perfect religion, the teachings of Islam clearly regulate various aspects of human life. Law enforcement and justice are a part of life that is also regulated and received attention in Islamic teachings. This includes the issue of criminal law regulated through Al-Ahkam al-Jinayah (Islamic criminal law). Speaking of Islamic Criminal Law, it is closely related to administrative affairs, for example when there are criminal cases, it requires recording, disposition, and lowering the articles against the sanctions that will be imposed. Everything goes through an administrative process that is vital in determining the outcome of the case. Departing from the above facts, this research seeks to find a correlation between the history of Islamic criminal administration and the implementation in modern-day Aceh. This research is included in the literature study with a qualitative approach, the methodology used is a descriptive analysis study. The results of the study concluded that the administration of Islamic criminal cases in Aceh is each very connected with the administrative values of the Rsulullah and Sahabat period, as for the reason because Aceh has Qanun Jinayat which makes it not rigid to positive law (General Criminal).
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Innes, Joanna, und John Styles. „The Crime Wave: Recent Writing on Crime and Criminal Justice in Eighteenth-Century England“. Journal of British Studies 25, Nr. 4 (Oktober 1986): 380–435. http://dx.doi.org/10.1086/385872.
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One of the most exciting and influential areas of research in eighteenth-century history over the last fifteen years has been the study of crime and the criminal law. It is the purpose of this essay to map the subject for the interested nonspecialist: to ask why historians have chosen to study it, to explain how they have come to approach it in particular ways, to describe something of what they have found, to evaluate those findings, and to suggest fruitful directions for further research. Like all maps, the one presented here is selective. The essay begins with a general analysis of the ways in which the field has developed and changed in its short life. It then proceeds to consider in more detail four areas of study: criminality, the criminal trial, punishment, and criminal legislation. This selection makes no pretense of providing an exhaustive coverage. A number of important areas have been omitted: for example, public order and policing. However, the areas covered illustrate the range of approaches, problems, and possibilities that lie within the field. The essay concludes with a discussion of the broader implications of the subject.The Development of the FieldBefore the 1960s crime was not treated seriously by eighteenth-century historians. Accounts of crime and the criminal law rarely extended beyond a few brief remarks on lawlessness, the Bloody Code, and the state of the prisons, often culled from Fielding, Hogarth, and Howard. There were exceptions, but they fell outside the mainstream of eighteenth-century history. The multiple volumes of Leon Radzinowicz's monumental History of the English Criminal Law and Its Administration from 1750 began to appear in 1948, but Radzinowicz worked in the Cambridge Law Faculty and the Institute of Criminology, and, as Derek Beales has pointed out, his findings were not quickly assimilated by historians.
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Orlov, Y. V., und L. V. Dundych. „Criminological principles of transitional justice for Ukraine: zones of criminogenic risks“. Law and Safety 84, Nr. 1 (24.03.2022): 124–32. http://dx.doi.org/10.32631/pb.2022.1.13.
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The criminological bases of the concept of transitional justice for Ukraine in the part of the description are formulated, the most dangerous criminogenic risks of its realization are found out. It is proposed to distinguish two zones of such risks, which are manifested in the field of existential semantic dilemmas of transitional justice and conditions of legal singularity.Such dilemmas of transitional justice as “truth vs justice”, “justice vs reconciliation” and “reconciliation vs truth” are described. The first is that the desire for just retribution for the suffering caused by the conflict and the existence of fear are contrary to plural rationality, the comprehensiveness of truth. This dilemma is a typical manifestation of binary opposition, which makes it impossible to think and practice in the format of nonlinearity of the history, socio-temporal multidimensionality in a single chronotope of pre-conflict and conflict events.The dilemma of “justice vs. reconciliation” expresses the target and instrumental conflict between retributive and restorative justice, the moral and legal request of the parties to the fair criminal prosecution of offenders and amnesty as a factor in reducing public transit intolerance by those involved in the conflict.The dilemma of “reconciliation vs. truth” is one of the manifestations of competing victimhood, as well as a consequence of metaphysical multiplicity of ontological simultaneous stay of the parties to the conflict in different socio-temporal modes: excellent narrative, discursive symbolic systems of thought, practice.If the internal dimension of social conflict is maintained by foreign policy agents, an energy-charged social mythology, fueled by propaganda, collective commemorative practices, and postmemory mechanisms, becomes an obstacle to the substantive synchronization of time modes.The connection between the shortcomings of the transitional justice components and hate crimes, the delegitimization of state and municipal authorities has been proved. Accent has been placed on the criminogenic significance of competing victimhood, the mythology of postmemory, the desynchronized elements of criminal justice and criminological policy. Emphasis has been placed on the criminogenic significance of shortcomings in approaches to restoring criminal justice mechanisms in the occupied territories, mutual exclusion of jurisdictions of the sovereign Ukrainian state and quasi-law enforcement, quasi-judicial bodies of the occupation administration, which creates obstacles for the conflict-free performance of tasks related to the further treatment of persons “convicted” by the bodies of the occupation administration for committing general criminal offenses under the Criminal Code of Ukraine. Similar criminogenic risks are formed within the legal regulation of relations on: a) recognition / non-recognition of quasi-legal facts in the field of registration of civil status, quasi-transactions with property that do not violate the rights and freedoms of citizens of Ukraine, i.e. are not socially dangerous or harmful, etc.; b) the legally significant status of special subjects of criminal offenses to ensure the possibility of bringing them to justice under the articles of the Criminal Code of Ukraine on crimes committed by such subjects in the temporarily occupied territories.
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Zainashev, Ravil R., Idris M. Gilmanov und Muhamat M. Gilmanov. „Analysis of the Jurisdiction of the Courts of First Instance of Turkey“. Journal of Politics and Law 12, Nr. 5 (31.08.2019): 79. http://dx.doi.org/10.5539/jpl.v12n5p79.
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The article presents three periods from the history of the legal system of Turkey, the knowledge of which will allow for objective scientific research. Indeed, each period has contributed to the development of the judicial system. Of particular importance will be the attitude of the legislator to the justice of the peace in criminal matters with a maximum sentence of up to 1 year in prison. The latter since 2014 were abolished and their load was redistributed to a higher authority. France did likewise, which also rejected justice of the peace.
In addition, this study addresses the issues of the accelerated process, which was either introduced or canceled. In Russia, a simplified legal procedure has been successfully applied. Most European countries apply simplified the legal procedure to criminal offenses for which the maximum sanction of punishment is up to five years in prison. In Turkey, a simplified legal procedure was applied to criminal offenses with a maximum sentence of up to 2 years in prison. Despite a small sanction and tendencies in other countries to introduce simplified procedures, the Turkish legislator refused this practice.
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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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Koroleva, Elena V. „History of the Development of the Judicial Defense Institution: The National Experience“. Russian judge 2 (04.02.2021): 47–51. http://dx.doi.org/10.18572/1812-3791-2021-2-47-51.
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This study reveals the development of the Institute of judicial protection in Russia during all stages of its historical development and formation. The author reveals the following questions: 1. Understanding of judicial protection in legal doctrine and practice. 2. the process of development and formation of the Institute of judicial protection in Russia. 3. The current situation of the Institute of judicial protection in terms of legal reality in Russia. This study will determine that the mechanism for the protection of human and civil rights through the administration of justice is one of the most effective means of protection provided for by current legislation and generally recognized principles and norms of international law. In comparison with other methods, the Institute of judicial protection stands out for its independence, objectivity and impartiality, which allows a comprehensive and complete examination of the available evidence when considering a case in court.
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Levack, Brian P. „The Prosecution of Sexual Crimes in Early Eighteenth-Century Scotland“. Scottish Historical Review 89, Nr. 2 (Oktober 2010): 172–93. http://dx.doi.org/10.3366/shr.2010.0204.
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A session of the north circuit held at Perth on 20 May 1709 marked a turning point in the prosecution of sexual crimes in Scotland and a significant change in the administration of Scottish criminal justice. By pardoning more than 300 men and women charged with fornication and adultery, the court brought about the de facto decriminalisation of those crimes in the Scottish secular courts. An incest trial held before the court the same day revealed difficulties in the prosecution of this crime and challenged prevailing male and clerical attitudes towards rape. The proceedings of the court also demonstrated the growing reluctance of Scottish advocates to appeal to biblical authority in criminal prosecutions. The legal developments at Perth were made possible by a bill of indemnity passed by the British parliament in 1708, the abolition of the Scottish privy council in the same year, and the establishment of a comprehensive circuit court system in Scotland.
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Passarella, Claudia. „The juries’ wisdom in the administration of criminal justice: Irish jurisdiction and the Italian justice system in the late nineteenth and early twentieth centuries“. Comparative Legal History 7, Nr. 2 (03.07.2019): 157–85. http://dx.doi.org/10.1080/2049677x.2019.1682329.
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McGowen, Randall. „A Powerful Sympathy: Terror, the Prison, and Humanitarian Reform in Early Nineteenth-Century Britain“. Journal of British Studies 25, Nr. 3 (Januar 1986): 312–34. http://dx.doi.org/10.1086/385867.
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It is felt that men are henceforth to be held together by new ties, and separated by new barriere; for the ancient bonds will now no longer unite, nor the ancient boundaries confine. [J. S. Mill, “The Spirit of the Age” (1831)]I“The punishment of death shocks every mind to which it is vividly presented,” wrote Edward Gibbon Wakefield in 1832. It “overturns the most settled notions of right and wrong.” H. G. Bennet announced in Parliament in 1820 that he thought an execution “weakened the moral taste or sensibility of the people.” Such high-minded but platitudinous phrases frequently recurred in the early nineteenth-century debate over the criminal law, though historians have had a difficult time knowing what to make of them. Yet for all their vagueness such expressions do reveal a sensibility whose outline we can trace and whose influence we can measure. In drawing a connection between feeling and morality Wakefield appealed to social assumptions and values that were popular among humanitarians. Criminal law reformers proposed a new and exacting standard for the administration of justice: “Punishment,” argued James Scarlett, “ought to be consonant to the feelings and sympathies of mankind; and … those feelings ought to be enlisted on the side of the administration of justice.” They argued that the heavy reliance on the death penalty was a mistaken policy. The gallows aroused dangerous passions that signaled the existence of intractable social antagonism. They opposed such a spectacle with reforms that aimed at the promotion of a social union founded on shared feeling.
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Ryabinina, Tatyana K., und Daria O. Chistilina. „POWERS OF THE PRESIDING JUDGE IN A JURY TRIAL IN THE CONTEXT OF ADVERSARIAL PRINCIPLES OF RUSSIAN CRIMINAL PROCEDURE“. Vestnik Tomskogo gosudarstvennogo universiteta. Pravo, Nr. 41 (2021): 64–76. http://dx.doi.org/10.17223/22253513/41/6.
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The main objective is to examine the powers of the presiding judge in jury trials in the context of adversarial principles of criminal proceedings. Particular attention will be paid by the authors to different approaches to the notion of adversariality and the definition of the role of a professional judge in such courts, as well as the degree of his activity during the judicial investigation. The main methods used by the authors were dialectical and systematic method, analysis, synthesis, as well as special legal methods of knowledge. The outcome of the research will be a definition of the role of the presiding judge in a jury trial. Forms of criminal procedure that allow the individual to directly participate in the deci-sion-making process of the judiciary are responsible for ensuring citizen participation in the administration of justice in the state. Two such forms have been developed in the world practice so far: the classical jury trial model and the Scheffen model. Each of them provides certain (broad or narrow) powers of a professional judge, the scope of which determines the degree of independence of citizens and the ultimate prospects for the development of a system of popular democratic justice in an adversarial system of criminal proceedings. In today's Russia, the classical jury trial model, modeled after the English jury trial, does not provide for broad powers of the court. In addition, there is the adversarial principle in Russia, which is fostered by the existence of jury trials. However, strict adherence to its provisions may lead to a misunderstanding of the role of the presiding judge in such a court. The activity of a professional judge should be balanced in accordance with the needs of the criminal case under consideration. Thus, requesting additional evidence in the course of the trial in order to verify existing evidence should not be considered a violation of the adversarial principle. Thus, the development of the optimal model for jury trial functioning as well as the determination of the presiding judge's role in the context of adversarial principles of criminal proceedings is a socially-systemic task. It requires a comprehensive dogmatic, comparative-legal and political-legal approach in order to develop the jury trial model which is more con-sistent with the legal system of the state.
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Kuznetsov, V., und M. Syiploki. „New prospects for the development of electronic justice in sentencing“. Uzhhorod National University Herald. Series: Law 2, Nr. 72 (27.11.2022): 149–55. http://dx.doi.org/10.24144/2307-3322.2022.72.57.
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It is stated in the article that today Ukraine has received the status of a candidate for EU membership with the requirement, in particular, strengthening of anti-corruption and continuation of judicial reform. These challenges for national security are foreseen in the Strategy for the Development of the Justice System and Constitutional Judiciary for 2021–2023 (approved by the Decree of the President of Ukraine dated June 11, 2021 No. 231/2021). Separate measures to solve the specified problems are defined, in particular, the development of electronic justice taking into account world standards in the sphere of information technologies. It has been established that such measures mostly solve the issue of communication and access to justice, but the fairly promising issue of using information technology in the administration of justice remains neglected. The subject of our research is the issue of the introduction of electronic justice through the use of cybernetic methods by judges when imposing punishment. It has been established that the issue of the use of cybernetic methods by judges in sentencing is almost not investigated in Ukraine today and does not find appropriate implementation in conceptual documents on reforming the justice system.
The analysis of the world experience of information technologies’ introduction makes it possible to draw a conclusion about its use in solving various legal issues: the detection and investigation of crimes, the expansion of communication between citizens and judicial authorities, the legal assessment of actions, etc.
It is concluded that the formation of modern legislation based on the principles of wide application of judicial discretion is a “genetic” feature in the history of the former USSR republics legislation development. It is noted that the insufficient definition of criminal legal norms, the ambiguity of some terms, the variability of the punishment, the absence of detailed and clear rules for the imposition of punishment in the law significantly complicate the law enforcement process. All this leads to differences in judicial practice, to judicial errors, manifestations of corruption and, as a result, to a decrease in the authority of the judiciary.
The analysis of the criminal law doctrine provisions proved that the idea of formalizing the appointment of criminal punishment did not receive proper development, although it was considered in the works of individual authors. Two directions of cybernetic methods using in the programming of the sentencing process have been identified: full and partial. It is concluded that the study of H. Alikperov “Electronic Scales of Justice”, which is based on the matrix of punishment and algorithms of its individualization, is promising for borrowing when creating new criminal legislation and reforming justice.
The conducted research makes it possible to draw the following conclusions: the issue of automating judicial decision-making in modern conditions of digitization, reforming the judicial system and finding new effective means of combating corruption in the administration of justice in Ukraine requires a new understanding and possible reception for implementation in law enforcement activities; informational progress cannot be left without proper control by the state and must not violate human rights and freedoms; the use of cybernetic methods of formalizing punishment is impossible without stable criminal legislation and fair sanctions of prohibitive criminal legal norms that correspond to the public danger of the offense; conceptual documents regarding the development of the justice system should take into account the possibilities of using modern technologies not only to expand communication between subjects, access to justice, but also the use of information technologies specifically in the implementation of justice.
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Lemaître, Roemer. „The Rollback of Democracy in Russia after Beslan“. Review of Central and East European Law 31, Nr. 4 (2006): 369–411. http://dx.doi.org/10.1163/092598806x149595.
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AbstractThis contribution analyzes the political and legal changes implemented after "Russia's 9/11". President Putin used Beslan as eyewash to further increase his powers and to suppress or co-opt all independent sources of power in state and society. It is argued that several aspects of these reforms are in breach of the Russian Constitution and violate Russia's obligations under international (human rights) law. The contribution discusses the abolition of direct elections of regional leaders and the far-reaching amendments to the parliamentary election system in clear favor of the pro-Kremlin parties. It describes the growing state tutelage of civil society through the creation of a Public Chamber, the increased legal scrutiny of the activities of domestic and foreign NGOs as well as the formation of a loyal vanguard youth movement that could ultimately be deployed to ward off an "orange" revolution. Finally, it assesses the legality of new counterterrorism measures and briefly refers to the bottlenecks in the administration of justice unearthed by the first judgments of the European Court of Human Rights in cases stemming from Chechnya.