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1
Samuels, Alec. „Inadmissibility of Intercept Evidence“. Journal of Criminal Law 71, Nr. 1 (Februar 2007): 33–35. http://dx.doi.org/10.1350/jcla.2007.71.1.33.
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Ponomarenko, Alla Vasylivna, Liudmyla Volodymyrivna Havryliuk, Anna-Mariia Yuriivna Anheleniuk und Valentyna Georgievna Drozd. „Inadmissibility of Evidence in Criminal Proceedings in Ukraine“. Revista Amazonia Investiga 9, Nr. 29 (18.05.2020): 147–55. http://dx.doi.org/10.34069/ai/2020.29.05.17.
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The aim of the article is to analyze the problematic aspects of finding evidence inadmissible in criminal proceedings, as well as to formulate, according to the Criminal Procedure Code of Ukraine (CCP of Ukraine) and the case law of the European Court of Human Rights (ECHR), proposals for elimination of existing shortcomings on the issue raised. In the article used general scientific and special methods that enable to obtain scientifically sound conclusions and proposals. In particular, scientific methods, such as dialectical, comparative-legal, system-structural, modelling, abstraction, generalization and logical, are applied. The problematic issues of the procedure for finding evidence inadmissible in the criminal proceedings of Ukraine are studied. The significant violations and shortcomings in collecting evidence by the pre-trial investigation bodies are under focus. The authors clarify grounds for the inadmissibility of evidence and the types of inadmissible evidence. The analysis of investigative practice and case-law enables to conclude that a violation in taking one piece of evidence in criminal proceedings may lead to finding a number of other pieces of evidence inadmissible (the doctrine of the fruit of the poisonous tree). The authors argue that the court should be proactive in resolving the issue of inadmissibility of evidence either on its own motion or on the motion by parties to criminal proceedings. The utilization of the case law of the ECHR in national law application activities are analyzed from legal perspective. The study establishes that ratio decidendi of the ECHR with regard to finding evidence inadmissible is that the issue of its inadmissibility is subject to regulation at the level of national law. The assessment of inadmissibility of evidence is the responsibility of national courts, and the ECHR is obliged to ensure that the means of taking evidence are fair.
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Blahodyr, A. A., V. S. Blahodyr und S. M. Blahodyr. „INADMISSIBILITY OF EVIDENCE OBTAINED IN VIOLATION OF JURISDICTION“. Juridical scientific and electronic journal, Nr. 4 (2020): 290–93. http://dx.doi.org/10.32782/2524-0374/2020-4/70.
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Munday, Roderick. „THE INADMISSIBILITY OF EVIDENCE RELATING TO INTERCEPTED COMMUNICATIONS“. Cambridge Law Journal 59, Nr. 2 (29.06.2000): 235–72. http://dx.doi.org/10.1017/s0008197300320104.
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THE White Queen, probably parodying Tertullian, boasted to Alice that she could sometimes believe as many as six impossible things before breakfast. Students of the law of evidence must occasionally perform similar feats.
5
HRYTSENKO, Maryna. „Torture as a ground for inadmissibility of evidence“. Economics. Finances. Law, Nr. 4/2 (29.04.2021): 28–31. http://dx.doi.org/10.37634/efp.2021.4(2).6.
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The European Court of Human Rights, which focuses on the Convention for the Protection of Human Rights and Fundamental Freedoms, points to the importance of the prohibition of torture. The Court has formed its position based on the importance of Article 3 of the Convention and, consequently, the inadmissibility of the evidence obtained in violation of that article by the prosecution. This paper analyzes the practice of the European Court of Human Rights on the implementation of evidence-based activities in national legal systems, and in particular examines the requirements of the Court on the admissibility of evidence-based exercise and activity obtained in the course of work results. The paper demonstrates the ECHR's practice on the issue of torture in obtaining evidence and the consequences of using such a «method», its significance for the practice of national courts and the modernization of the position of courts in relation to the dynamics of this issue. As a result, problematic areas of Ukrainian legislation and justice were identified. The reasons for the use of torture by the authorities and the safeguards introduced by Ukraine to combat the use of such inhuman treatment by the authorities were identified. Changes in the opinion of the European Court of Human Rights on this issue and its significance for Ukraine are analyzed. The possibilities of application of the ECHR for evaluation of admissibility of evidence in criminal proceedings in Ukraine are examined. The patterns characterizing the legal positions of the ECHR in assessing the admissibility of evidence are discovered and singled out. Ukraine should take into account that the responsibilities of the state, in addition to refraining from the use of torture to obtain evidence, include the protection of people from these encroachments by third parties.
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Huzela, Mykhailo. „PROBLEM THE RECOGNITION OF EVIDENCE INADMISSIBILITY IN CRIMINAL PROCESS“. Visnyk of the Lviv University. Series Law, Nr. 61 (10.09.2015): 423–34. http://dx.doi.org/10.30970/vla.2015.61.250.
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Лебедева, Екатерина, und Ekaterina Lebedeva. „Inadmissibility of Evidence as a Procedural Reason for Exclusion“. Bulletin of Kemerovo State University. Series: Humanities and Social Sciences 3, Nr. 1 (29.03.2019): 80–86. http://dx.doi.org/10.21603/2542-1840-2019-3-1-80-86.
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The research featured the issues of legal regulation and exclusion of evidence claimed in the court of first instance in criminal procedure. The author analyzed the legislative regulation of the procedure for the application and consideration of petitions for the exclusion of evidence, as well as some practical issues of petitions for the exclusion of evidence. The procedure for the application and consideration of petitions for the exclusion of evidence is not fully regulated by the legislator. The Criminal Procedure Code of the Russian Federation focuses on the stage of preliminary hearing, while on the merits procedure remains unsettled. The exclusion of evidence in a preliminary hearing prevents defective evidence from entering the trial. Repeated applications should be seen as an alternative to the institute of appeal, since a re-application of the petitions allows the parties to express their opinion on the decision and provide new evidence in support of their position. The resolution of the issue of the admissibility of evidence cannot be postponed to the stage of the verdict, since this contradicts the legal nature of the institution of excluding unacceptable evidence and its purposes. The author proposes to include application rules for the exclusion of evidence in the Code of Criminal Procedure at the stage of judicial investigation. The results of the present study contribute to the issue of inadmissible evidence.
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Pylypchuk, O. „The procedure of defines the volume of evidence in the court of first instance and the system of their research“. Herald of criminal justice, Nr. 4 (2019): 174–84. http://dx.doi.org/10.17721/2413-5372.2019.4/174-184.
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The article focuses on the problem of defines the volume of evidence to be research and the system of their researching in the court of first instance including those evidence that arising in connection with changing dated 04.10/2019 in the Criminal procedural Code of Ukraine. The purpose of the article is to analyze the legislation and propose ways to improve current legislation in order to optimize procedures aimed at planning the research of evidence in the court of first instance. The current the Criminal procedural Code of Ukraine assumes that the amount of evidence to be research, the court receives not in the form of protocols, of proprietary evidence or other materials, and with a application speech, which is proclaimed by the parties at the beginning of the court session. Introductory speech is the first information that builds a court views about evidences, through which the parties intend to substantiate the substitution of their legal positions concerning the prosecution, their affiliation, admissibility and sufficiency, order of their research into Court hearings, as well as the content of other legal positions of the parties in this proceeding. During the proclamation of the application speeches, the parties cite the amount of evidence on which their position is built, after which the court must investigate the evidence submitted by them. To construct a structural and logical study of evidence, a necessary plan for such a study and establish the evidence study procedure. Under the concept of 'evidence research ' procedure, it is proposed to understand a certain sequence and order of of actions that will depend on a particular criminal proceeding. In the study of evidence, the court should consider the specifics of the proceeding; Specifics of the evidence submitted by the Parties; Focus how long it takes to study the submitted evidence. If a party raises a question about inadmissibility evidence, such doubt should be in writing decorated with appropriate evidence. A party that opposes such a written application shall refute such a statement by submitting the court its arguments. In the article analyses questions about inadmissibility evidence and making a propose to introduction procedure to recognition evidences how inadmissibility. In the presence of a substantiated position of rejection in the acceptance of evidence, the party may in writing argue about the recognition of such evidence invalid.
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Matvieiev, O. V. „RULES OF ADMISSIBILITY AND INADMISSIBILITY OF EVIDENCE, THE LEGAL CONSEQUENCES OF THEIR INFRINGEMENTS“. Comparative-analytical law, Nr. 1 (2020): 553–56. http://dx.doi.org/10.32782/2524-0390/2020.1.138.
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Mtenje, Al. „On the inadmissibility of feature‐changing rules in phonological theory: Evidence from Chiyao“. Journal of Contemporary African Studies 8, Nr. 1 (Januar 1989): 79–108. http://dx.doi.org/10.1080/02589008908737484.
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Mtenje, Al. „On the inadmissibility of feature‐changing rules in phonological theory: Evidence from Chiyao“. Journal of Contemporary African Studies 9, Nr. 2 (Januar 1990): 79–108. http://dx.doi.org/10.1080/02589009008729492.
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Koshelev, Anton, und Ekaterina Rusakova. „The problem of admissibility of evidence in Indian civil proceedings“. SHS Web of Conferences 106 (2021): 02015. http://dx.doi.org/10.1051/shsconf/202110602015.
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The article deals with the problem of evidence and proof in civil proceedings in India. A number of foreign researchers focus on the issue of admissibility and inadmissibility of evidence in legal proceedings. In this regard, special attention is paid to the interpretation of different types of evidence and the legality of their inclusion or recusal in terms of judicial civil proceedings in India. Moreover, the situation is complicated by the global pandemic problem that makes the assessment of the validity of evidence more challenging for the judicial system of India and other countries in modern conditions.
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Yevhenovych Ablamskyi, Serhii, Liudmyla Volodymyrivna Havryliuk, Valentyna Georgievna Drozd und Olena Volodymyrivna Nenia. „Substantial Violation of Human Rights and Freedoms as a Prerequisite for Inadmissibility of Evidence“. Justicia 26, Nr. 39 (24.02.2021): 47–56. http://dx.doi.org/10.17081/just.26.39.4819.
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Objective: The aim of the article is to analyze the various legal and theoretical provisions related to the determination of legal content of the concept of finding evidence inadmissible due to substantial violation of human rights and freedoms. Method: The authors use general scientific and special methods that enable to obtain scientifically sound conclusions and proposals. In particular, scientific methods, such as dialectical, comparative-legal, system-structural, generalization and logical, are applied. Results: The problematic issues of the procedure for finding evidence inadmissible due to substantial violation of human rights and freedoms in the criminal proceedings of Ukraine are studied. Some essential violations in collecting evidence by the prosecution are under focus. The ECHR’s case-law with regard to procedure for finding evidence inadmissible is analyzed. The implementation of the doctrine of "fruit of the poisonous tree" and specificity of its application to direct and derivative evidence by domestic courts and the case law of the ECHR is considered. Conclusions: The authors argue that the investigator is required to comply with the procedure for investigative actions prescribed by the provisions of the CPC of Ukraine in order to ensure human rights and freedoms. The analysis of the application of provisions of the CPC of Ukraine and the ECHR’s case law regarding the issue raised enables to formulate sound conclusions.
14
Jasiński, Wojciech. „Admissibility of Evidence Obtained by Torture and Inhuman or Degrading Treatment. Does the European Court of Human Rights Offer a Coherent and Convincing Approach?“ European Journal of Crime, Criminal Law and Criminal Justice 29, Nr. 2 (13.09.2021): 127–53. http://dx.doi.org/10.1163/15718174-bja10022.
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Abstract The paper presents and assesses the approach of the ECtHR to admissibility of evidence obtained through torture and inhuman or degrading treatment in the criminal process. The author examines the content of the standard, its justifications and the consistency of the ECtHR's reasoning. The paper refers both to the admissibility of statements and real evidence as well as to primary and derivate evidence obtained in violation of Article 3 echr. The admissibility of evidence obtained by oppressive conduct of private individuals is also analysed. The assessment of the Strasbourg Court’s case law indicates that its approach is quite nuanced and, unfortunately, inconsistent and incoherent. Its main shortcoming is the lack of an in-depth analysis of the rationale for the inadmissibility of evidence obtained by maltreatment and the piecemeal treatment of individual categories of such evidence devoid of attempt to comprehensively address its admissibility in criminal proceedings.
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Barygina, Aleksandra. „The problem of inadmissibility of evidence obtained by the provocation of a person to commit a crime“. Bulletin of the South Ural State University series "Law" 19, Nr. 3 (2019): 5–9. http://dx.doi.org/10.14529/law190301.
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Mansour Fallah, Sara. „The Admissibility of Unlawfully Obtained Evidence before International Courts and Tribunals“. Law & Practice of International Courts and Tribunals 19, Nr. 2 (26.08.2020): 147–76. http://dx.doi.org/10.1163/15718034-12341420.
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Abstract 70 years ago, the International Court of Justice decided its first and potentially most important case involving unlawfully obtained evidence. Despite clearly rejecting ‘discovery by intervention’, the judgment left many guessing as to the consequences for evidence obtained through such violations. As parties to international disputes have certainly not become less inclined to obtain evidence by unlawful means, the question arises: Was this old confusion ever unraveled? This article discusses whether today, there are international rules or principles governing the admissibility of unlawfully acquired evidence and applies a two-fold approach. First, it examines traditional sources of international law, including international jurisprudence, and second, it scrutinizes the frequently drawn analogy to national jurisdictions by surveying their treatment of illegally obtained evidence. Although a generally binding “inadmissibility rule” does not yet exist, practice demonstrates a tendency to consider such evidence in light of general principles of law. This article proposes handling unlawfully acquired evidence by applying a defined, yet flexible balancing test using criteria commonly applied in international and national practice.
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Whitaker Piai, Lucas, und Sérgio Mastellini. „PROVAS ILÍCITAS E SUA APLICAÇÃO PRO SOCIETATE NO PROCESSO PENAL BRASILEIRO“. Colloquium Socialis 4, Nr. 3 (26.01.2021): 60–69. http://dx.doi.org/10.5747/cs.2020.v4.n3.s104.
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The present study is about the current dynamic of the admissibility or not of illegal evidenceon the Brazilian procedural legislation, as well as its branches of application and thelegal implicationsof each point of view advocated by legal literature, especially pro societate. As Law evolved and matured, there has been a relativization ofrules previously held with a status of almost absolute, especially when a fundamental right of the person is on the line. The doctrine is currently divided into three branches: inadmissibility, admissibility by the defense and, in a much smaller scale, admissibility by the prosecution, aiming to concretelyobtain justice. The discussion about the use of evidence derived from illicit evidence is present as well, even if produced under legal standards. The methodology consisted of several bibliographical researches, readings, electronic articles, study of thetopic’s discussion and pertinent legislation. Therefore, it is concluded that the use of illicit evidence is plausible, above all for the defense, and even its use may be admitted pro societate, in serious and exceptional cases.However, it is necessary to have mechanisms that guide its use, in any case, in order to avoid the occurrence of injustices in the name of justice.
18
Sirenko, O. V., YU I. Doroshenko und V. V. Baranovsʹka. „Formation of the inadmissibility of evidence in the context of the doctrine of the «fruit of a poisoned tree»“. Uzhhorod National University Herald. Series: Law, Nr. 63 (09.08.2021): 261–65. http://dx.doi.org/10.24144/2307-3322.2021.63.45.
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The articles analyze the issues of standard permissible indicators, which are the established norms of criminal procedure legislation and the formation of judicial rules of practice, which create the formation of permissible indicators. The domestic legislator establishes a system of standard permissible indicators, which, on the one hand consists largely of 232 international standards of proof, which is gaining a broader understanding, and on the other hand, is widely used in judicial practice, while the history of clarification changes some of them. A significant part of the standard allowable indicators is determined by the rules of Art. 87 of the CPC of Ukraine, devoted to the grounds for recognizing in admissible indicators obtained as a result of a significant violation of human rights and freedoms. The legal model of inadmissibility provided by the CPC of Ukraine tends to its counter parts in the legislation of the Romano-Germanic legal system (CPC of Germany, France), while some features of this institution were also initiated by US and British legislation, in particular, the doctrine of trees», a certain analogue of which his provided for in Part 1 of Art. 87 of the CPC. Definite understanding of the doctrine of «fruit of the felled tree», which reveals any guilt that violates the police constitutional legal citizens, which has none, but simply an in direct connection with the process of identifying, removing and recording indicators, the severity of loss of recent legal force. This means the unconditional in admissibility of available indicators for any assignment established through the collection of indicators, regardless of their nature and degree.
The article reveals a number of international standards of admissible indicators sent by the European Court of Human Rights. The range of cases for which the ECtHR in the context of the Convention provides for a response to accept able indicators and the establishment of national courts is revealed. On the basis of the conducted research the system of the international standards of admissible indicators formed in practice of the ECtHR is generalized.
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Kotsoglou, Kyriakos N. „Zombie forensics: the use of the polygraph and the integrity of the criminal justice system in England and Wales“. International Journal of Evidence & Proof 25, Nr. 1 (Januar 2021): 16–35. http://dx.doi.org/10.1177/1365712720983929.
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The criminal justice system of England and Wales increasingly deploys the polygraph to extract information from released offenders. Although there is little judicial authority regarding the admissibility of polygraph evidence, we should not misinterpret silence as legal uncertainty. The paper will, first, show that the central claim for the understanding of the polygraph—i.e. the presupposition that the polygraph indicates deception—is inextricably linked to an obsolete paradigm in psychology (Introspection). Secondly, I will turn to first principles in the law of evidence, especially the general ban on opinion evidence and the requirement for scientific validity. The requirement that expert evidence has a sufficiently reliable scientific basis explains why polygraph evidence cannot be adduced at the criminal process. Thirdly, I will draw attention to the use of polygraph tests in the context of probation, pursuant to the Offender Management Act 2007. With the use of the polygraph, the criminal justice system does not only infringe the released offender’s human rights, but also fails to protect the public. The combination of inadmissibility of the polygraph in the criminal process and its use from probation services creates thus a major contradiction which is detrimental to the integrity of the legal order.
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May, Irina V., Svetlana A. Vekovshinina, Svetlana V. Kleyn und Nadejda V. Nikiforova. „Methodical approaches to the substantiation of accommodation of the object for food products in the boundaries of sanitary-protective zones of enterprises of other lines of the industry“. Hygiene and sanitation 99, Nr. 11 (22.12.2020): 1308–14. http://dx.doi.org/10.47470/0016-9900-2020-99-11-1308-1314.
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Introduction. In conditions of the high density of urban development, efficient use of municipal lands is of particular relevance. Food production facilities make up a significant sector of many cities’ economy, including centers of ferrous and non-ferrous metallurgy, chemistry, petrochemistry, mining, etc., i.e., settlements where significant areas are limited in use by sanitary protection zones. Resolution of the Government of the Russian Federation dated March 3, 2018, No. However, such a justification is a scientific and methodological problem since there is no regulatory consolidation of the procedure. The purpose of the study was to develop and practically test methodological approaches to justification the admissibility (inadmissibility) of placing a food production facility in the sanitary protection zone of enterprises in other line of the industry. Material and methods. Design and technical documentation were studied on sources of data on air quality at the industrial site and indoors, and the quality of food products. Authors performed hygienic assessment of the safety and quality of air, raw materials, water, and manufactured food products for compliance with sanitary requirements and standards. When analyzing potential threats to contamination of food products, a mechanism was used to isolate critical points of the technological process. Results. An algorithm for the formation of the evidence base of the absence (presence) of the negative impact on food quality, the fact of the location of the production facility in the sanitary protection zone of a large industrial enterprise on the quality of food products is proposed. On the example of the production of juices from natural concentrated products, each step of the algorithm has been worked out: analysis of the technological process of production; hazard identification, instrumental measurements of the quality of environmental objects and raw materials and products. Conclusion. The proposed algorithm allows creating a reliable evidence base for deciding on the admissibility (inadmissibility) of the location of the food production facility in the sanitary protection zone of the enterprise with a different type of activity, tested in real conditions of a large industrial unit. The algorithm can be used as a base for the widespread use and further improvement.
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Jilkin, V. A. „Unfounded Accusations against Russia with «High Probability» in the Skripal Case as a Gross Violation of the Supremacy of Law“. Russian Journal of Legal Studies 5, Nr. 2 (15.06.2018): 158–63. http://dx.doi.org/10.17816/rjls18417.
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The British accusing Russia of the use of the binary-type neuro-paralytic agent in «Skripal case» has resulted in publication by the British media of declassified materials and documents about the experiments on people in Porton Down secret laboratory from 1945, about the experiments in the 1960s on dispersal of bacteria in London Tube and in tunnels under Whitehall government buildings, as well as diffusion of military-destruction viruses and bacteria on the UK territory with the population of over one million people. The article analyzes the ethical and legal consequences of the British programme of biological and chemical warfare in the period between 1945 and 1989, on the basis of the declassified archives containing research materials on the biochemical weapons used over humans in Porton Down laboratory. The author refers to the materials of the hearings held at the British Parliament in 2005 and to the documented evidence of the victims of the secret military laboratory, as well as to the materials of experts in the sphere of medical ethics, British military experts and historians. The world faced the impunity on the part of the system of neglect of the international law, the international rules of conduct and the fundamentals of diplomacy. Accusing Russia of poisoning Russian citizens on the territory of the UK is considered as a violation of the principle of supremacy of law, of the right to fair trial, the presumption of innocence, which includes the right to collect evidence, access to primary and relevant evidence in accusation and inadmissibility of using unacceptable evidence.
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Obidin, K. V. „THE RATIO OF THE GROUNDS FOR INITIATING A CRIMINAL CASE AND THE GROUNDS FOR CHARGES IN CONDITIONS OF DIGITIZATION OF CRIMINAL PROCEEDINGS“. Actual Problems of Russian Law, Nr. 6 (18.07.2019): 147–55. http://dx.doi.org/10.17803/1994-1471.2019.103.6.147-155.
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The proliferation and active use of technical means of audio and video recording in the process of identifying and proving certain types of crimes leads to the need to rethink the correlation of certain theoretical concepts. The paper analyzes similar elements and differences in the grounds for initiating a criminal case and the grounds for accusation. Attention is drawn to the convergence of the content of these concepts in the conditions of the spread of digital technologies in criminal proceedings. It is suggested that the use of audio and video recordings in a cognitive procedure has a significant effect on the inner conviction of the investigator and the inquiry officer when making procedural decisions. The possibility of initiating a criminal case is analyzed solely on the basis of audio and video. The author states his point of view on the inadmissibility of simplifying the procedure for establishment of evidence in cases of audio and video recordings, along with confessions, since in this case there is a violation of the basic foundations of cognitive activity in criminal proceedings.
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Tatyanina, L. G. „SEPARATION AND CONNECTION OF CRIMINAL CASES AT THE PRELIMINARY STAGE HEARING“. Bulletin of Udmurt University. Series Economics and Law 30, Nr. 3 (26.06.2020): 445–50. http://dx.doi.org/10.35634/2412-9593-2020-30-3-445-450.
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The article deals with the debatable issues of connecting and separating criminal cases in preparation for a court session. Despite the fact that the legislator provided for the possibility of making these decisions, many issues related to their implementation remained unresolved, so it became necessary to determine the grounds and conditions for making a decision to combine and separate criminal cases at a preliminary hearing. The article highlights the problems that arise in connection with the consideration of applications for joining and separating criminal cases. The author formulated conclusions on the settlement of problems arising during the consideration of these issues, and proposed a procedural procedure for their consideration at a preliminary hearing. The article defines the grounds and conditions for consideration at a preliminary hearing of questions about the connection and separation of criminal cases. It is argued that it is possible to consider applications for joining and separating a criminal case only in a closed court session in order to ensure the preservation of evidence obtained during pre-trial proceedings, and the inadmissibility of disclosure of information before the consideration of the criminal case on the merits in the court of first instance.
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Karpov, S. Yu, und V. V. Sadovsky. „ON THE ISSUE OF USING THE RESULTS OF MODELING THE EVACUATION OF PEOPLE WHEN PRODUCING EVIDENCE OF A CRIME OF FIRE SAFETY BREACH“. Vektor nauki Tol’attinskogo gosudarstvennogo universiteta. Seria Uridicheskie nauki, Nr. 1 (2021): 12–17. http://dx.doi.org/10.18323/2220-7457-2021-1-12-17.
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The paper considers special characteristics of classifying crimes related to the fire safety breach. The authors pay special attention to the issue of admissibility of using probabilistic inference of the fire mathematical simulation as evidence when classifying crimes related to the fire safety breach. It is proposed to emphasize the software programs and expert techniques quality before implementing them in the forensic-examination activity. Using the disposition of article 219 of the RF Criminal Code, the authors attempt to discuss the problematic issues related to the application of the results of mathematical simulation of the evacuation of people in case of fire when classifying and proving the obligatoriness (voluntariness) of fire safety requirements. The paper includes examples of problematic issues in the current techniques when calculating the probability of escape of people in the case of fire. The research allows considering both the technical and legal aspects of the application of current techniques for determining the probability of evacuation of people in the case of fire within the frame of forensic fire investigations. The authors propose to correct (develop) and standardize expert techniques used within fire investigations in the cases of fire safety breaches. The paper concludes on the inadmissibility of application of probabilistic meanings (results) obtained in the mathematical simulation of the evacuation of people in the case of fire as the essential evidence in the cases of fire safety breaches. The study allows specifying the problematic issues in using the evacuation simulation results when proving a body of a crime related to the fire safety breaches and substantiating the significance of further research.
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Shcherbakovskyi, Mikhailo, Ruslan Stepaniuk, Vasyl Kikinchuk, Oleksiy Oderiy und Liudmyla Svyrydova. „Evidentiary problems in the investigation of corruption crimes in Ukraine“. Revista Amazonia Investiga 9, Nr. 32 (10.09.2020): 117–24. http://dx.doi.org/10.34069/ai/2020.32.08.12.
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The fight against corruption in Ukraine is one of the main tasks of law enforcement agencies. However, the process of proving corruption crimes in criminal cases is accompanied by problems that negatively affect the quality of the pre-trial investigation. The purpose of the article is to identify and study typical investigative errors and develop recommendations on the proper use of means and methods of proof in criminal cases of corruption crimes, taking into account the norms of national legislation and international criteria for ensuring human rights in criminal proceedings. To achieve this goal, a comparative and systemic structural analysis of international and domestic regulatory legal acts and court decisions, a selective study of materials from criminal cases on corruption crimes were made. It has been established that the process of proving in cases of corruption crimes in Ukraine will fully comply with international standards for ensuring human rights, provided that operational officers, investigators, and prosecutors comply with the admissibility criterion of evidence, especially when using secret measures. Investigative errors that take place at the stage of pre-trial investigation in this category of criminal cases lead to the restriction of human rights and freedoms and consist in significant violations of the criminal procedural law when collecting, checking, and evaluating evidence, as well as when opening the collected materials to the defense. Preventing such violations requires strict adherence to the general requirements for conducting undercover activities, formulated in the decisions of the European Court of Human Rights and domestic courts. The proof must take into account the "fruit of the poisonous tree" doctrine of the inadmissibility of evidence derived from materials collected in violation of the law. The defense side should be provided with timely access to the materials of covert events, including the documents that served as the basis for their implementation. It is important not to allow actions that are regarded as a provocation (incitement) of the suspect to commit a corruption offense.
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Starenkyi, O. „Monitoring of bank account as a means of obtain evidence: the question about improving procedural form“. Herald of criminal justice, Nr. 3 (2019): 62–71. http://dx.doi.org/10.17721/2413-5372.2019.3/62-71.
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In the system of criminal proceedings means of obtain evidence the important place has an investigative (search) action which help to solve the grave and the particularly grave crimes, as show in world and domestic practice. One of the reason of the low level using the results of investigative (search) action in the criminal proceeding proof is imperfect procedural form the separate undercover investigative (search) actions which includes monitoring of bank accounts. The author of the article aims to explore the problematic issues of procedural form of monitoring of banking accounts as a means of obtain evidence in criminal proceed. Raising the issues of legal regulation of monitoring of banking accounts in criminal procedural legislation in the foreign country (Bulgaria, Georgia, Estonia, Latvia, Serbia, Slovenia, Croatia). Attention is drawn to the inadmissibility of identification monitoring of banking accounts with governmental financial monitoring. That measures of their legal nature, the subjects, the reason and the objective, the evidentiary value of their results are significantly difference. The incorrectness of the legislative technique in formulating provisions is indicated in p.1 art. . 2691 of Criminal procedural code of Ukraine which show that monitoring of banking accounts can be conducted as an certain condition and in the presence of grounds for assuming the possibility of achieving the goal in the norm. Propose to change the formulation “ if there is reasonable suspicion that the person is committing crime with banking account” on “ finding and fixation illegal action person with using bank account” In the p.1 art. 2691 of Criminal procedural code of Ukraine describes that the prosecutor have an obligation to apply for monitoring of banking accounts to investigating judge but in practice that application pre-prepared by detectives which limits their autonomy as a subjects of criminal procedural proof. Justified the position to make a change to art. 2691 of Criminal procedural code of Ukraine in the part of give the opportunities to conduct the monitoring of bank accounts not just detectives on National Anti-Corruption Bureau of Ukraine but by the investigators and by detectives from another pre-trial investigative bodies including detectives from The service of financial investigation. Taking into account the problematic issues which arise during the provision of art. . 2691 of Criminal procedural code of Ukraine the author proposes the new version of the article.
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Khablo, O. „GROUNDS AND TERMS FOR NOTIFICATION OF A PERSON ON SUSPICION OF COMMITTING A CRIMINAL OFFENSE“. Criminalistics and Forensics, Nr. 66 (2021): 526–37. http://dx.doi.org/10.33994/kndise.2021.66.39.
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The article is devoted to the characteristics of the grounds and terms of notification of a person on suspicion of committing a criminal offense. Attention is drawn to the fact that the procedural act of reporting a suspicion consists of a system of such procedural decisions and actions: decision-making and legal registration of a report of suspicion; delivery of a written notice of suspicion; informing the suspect about his/her procedural rights and explaining them, if necessary. It is stated that actual ground for informing a person of a suspicion is availability of sufficient evidence for suspecting a person of a criminal violation. To create a suspicion and present it in a written form an investigator or a prosecutor has to state: an event of a criminal violation and define its legal characterization; a definite person’s guilt of commitment of a criminal violation; lack of grounds to close the criminal investigation. To inform a person of a suspicion it is necessary to have a system of actual, acceptable, reliable and sufficient proof that indicates the presence of corpus delicti in a definite person’s actions. Erroneous informing of a suspicion causes damage to the person who was a subject to criminal investigation as well as justice in general. Attention is drawn to the fact that the term “reasonable suspicion” is a conventional standard made up by case-law dealing of European court of human rights. It is stated that reasonable suspicion is a lower standard of proof than conviction beyond reasonable doubt and requires a smaller weight of evidence than drawing up a bill of indictment or approval of guilty verdict. It is stated that law of criminal procedure does not contain a definite requirement concerning a stage of pre-trial investigation at which the person has to be informed about the suspicion to help the instigator or the prosecutor concentrate on facts of the case. Attention is drawn to inadmissibility of informing a person of the suspicion directly before issuing an accusation to the defense.
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Mazur, O. „THE USE OF SPECIAL KNOWLEDGE IN CRIMINAL PROCEEDINGS IN THE CONTEXT OF THE PRACTICE OF THE EUROPEAN COURT OF HUMAN RIGHTS“. Criminalistics and Forensics, Nr. 66 (2021): 414–25. http://dx.doi.org/10.33994/kndise.2020.66.31.
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The article discusses the concept, types and essence of special knowledge in criminal proceedings, as well as their evidentiary value in pre-trial investigation and trial. It is analyzed the practice of the European Court of Human Rights on the appointment of a forensic examination. The objectives of criminal proceedings are to ensure a prompt, complete and impartial investigation and trial so that everyone who has committed a criminal offense is prosecuted to the best of his/her own fault. In addition, an innocent person is accused or convicted, no person is exposed, unjustified procedural coercion, and that due process is applied to each participant in criminal proceedings. It is emphasized that among the ways of collecting evidence by the parties to criminal proceedings listed in the Criminal Procedural Code of Ukraine, there are those that require the use of special knowledge, namely: requesting and obtaining expert conclusions and carrying out other procedural actions with the participation of a specialist. At the same time, the expert opinion is an independent source of evidence. Special knowledge in criminal proceedings is used in the investigation of any criminal offenses, but the Criminal Procedure Code of Ukraine does not define its concept, despite the fact that many scientific works have been devoted to the issue. Unfortunately, the legislator has not yet reflected the conclusions of scientists about the essence of special knowledge. It is considered examples of practice in the appointment and conduct of forensic examinations and the fact of violation of the law, when applying special knowledge. Based on the analysis of theoretical and various aspects of the use of special knowledge in criminal proceedings, a conclusion is made about the extremely important value of special knowledge for the process of proving and fulfilling the tasks of criminal proceedings. On the example of the decision of the European Court of Human Rights, attention is drawn to the inadmissibility of violations of the requirements of the current legislation in the work of an investigator, prosecutor, judge, since this can lead to negative consequences.
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Zorin, A. V. „The problem of American Loans and Credits for Czechoslovakia in 1945–1948“. MGIMO Review of International Relations 13, Nr. 1 (03.03.2020): 56–81. http://dx.doi.org/10.24833/2071-8160-2020-1-70-56-81.
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The article is devoted to one of the aspects of the US European policy after World War II: the issue of loans and credits to affected countries. Using the example of Czechoslovakia, the author tries to answer a number of important questions: did Washington have a sound financial and economic policy towards this country, what goals did it pursue, what were its results? The study is based on the US Department of State archive documents and papers of the American ambassador to Czechoslovakia L.A. Steinhardt. The US financial policy towards Czechoslovakia in the early post-war years was the subject of intense debate in the United States. The author reveals evidence of serious disagreement between economic and political divisions of the State Department about providing of financial assistance to Prague, its size and terms of lending. Particular attention is paid to Steingardt’s position and his attempts to determine American loans and credits to Prague by upholding the property interests of American citizens. These disagreements hindered the development of a single thoughtful course regarding the Czechoslovak Republic and complicated diplomatic relations with Prague; negotiations on the allocation of large loans for the economic recovery of the Czechoslovak Republic dragged on. A fundamental role in the establishment of a new US political course had Secretary of State James Byrnes’ decision, made in the fall of 1946, on the inadmissibility of providing assistance to countries that have taken anti-American positions. This approach was finally entrenched after the Communists coup in Czechoslovakia in February 1948, when the country entered the Soviet sphere of influence. The article concludes that the post-war US policy was not distinguished by integrity and thoughtfulness.
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Fomina, Tatiana, Hennadii Hlobenko, Oleh Melnyk und Valentyn Melnyk. „Differentiation of a Criminal Procedural form as a Condition of Development of Modern Legislation“. Revista Amazonia Investiga 9, Nr. 28 (21.04.2020): 386–93. http://dx.doi.org/10.34069/ai/2020.28.04.43.
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The purpose of the article is to study the current state of differentiation of a criminal procedural form as one of the conditions of legislation development. To this end, the tasks are as follows: 1) to analyze scientific periodicals devoted to the problem of definition of the concept of "procedural form" and "differentiation of procedural form"; 2) to distinguish the differentiated forms of pre-trial investigation and judicial proceedings on the basis of a systematic examination of the current criminal procedural legislation. While writing the article, a set of general scientific and special methods of scientific knowledge was used, namely: historical-legal, dialectical, formal-legal and system-structural method. The interrelated application of these methods led to the science-based conclusions and suggestions. The article presents scientific points of view regarding the interpretation of the concept of "criminal procedural form" and "differentiation of procedural form", which made it possible to state the lack of unity of their understanding. Legal understanding of the essence of criminal procedural form is not only theoretical, but also applied, because: first, it is the key to achieve the tasks of criminal proceedings; secondly, it guarantees the implementation of the principles of criminal proceedings and respect for the rights of the participants in the proceedings; third, its violation leads to the inadmissibility of evidence. In the context of the development of criminal procedural legislation differentiated forms of pre-trial investigation and judicial proceedings are of great importance. The latter also provide an additional guarantee for a particular category of persons (e.g. juveniles, persons who have committed a socially dangerous act in the state of insanity, etc.). Based on an analysis of the CPC of Ukraine, particular and special differentiated forms of pre-trial investigation and court proceedings are distinguished.
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Altiparmak, Kerem. „Roboski and procedural rules: How the truth about a massacre was buried in the pages of history“. New Journal of European Criminal Law 11, Nr. 4 (06.04.2020): 489–503. http://dx.doi.org/10.1177/2032284420913950.
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Recently, the European Court of Human Rights (ECtHR) issued an inadmissibility decision regarding the application concerning the Roboski massacre ( Selahattin Encü and Others v Turkey App no 49976/16, 17 May 2018) on the grounds that domestic remedies had not been exhausted. As observed in a number of earlier decisions, the ECtHR was resolutely confident about the decision of the Constitutional Court of Turkey on the matter. This unwavering trust has resulted in the once-and-for-all burial of the truth about one of the gravest massacres in the history of Turkey without a proper examination of the allegations of the applicants. Two differing views were put forward after the ECtHR’s decision. The first of these argued that the dismissal of a massacre of such magnitude for procedural reasons was unacceptable. Proponents of this view asserted that even if there were procedural grounds to find the application inadmissible, this could not be sufficient justification to prevent the truth from being revealed. Proponents of the second view argued that every court had its own procedures and that those who did not comply had to face the consequences. This article attempts to examine the second view on its own terms. In so doing, I will present the legal evidence and rationale showing that it is in fact the Constitutional Court of Turkey that has violated its own procedural rules. I will also argue that despite an acceptance of the second view, perhaps more markedly because of such acceptance, it is not possible to bury the truth about the Roboski massacre. This discussion will be guided by a more significant question: How is it that the Constitutional Court of Turkey made such a major procedural error in a case of such gravity and how is it that the ECtHR was so eager to uphold the error?
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Zorin, A. V. „The Czechoslovak Crisis of 1948 in the Perception of American Diplomats and Media“. MGIMO Review of International Relations 14, Nr. 4 (09.09.2021): 26–50. http://dx.doi.org/10.24833/2071-8160-2021-4-79-26-50.
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In February 1948, during the political crisis in Czechoslovakia was established a communist regime. This event completed the formation of the Soviet bloc in Europe. It directly impacted the US containment policy towards the USSR and the escalation of the Cold War. Based on archival documents and newspapers articles, the research studies these events through their perception by American media and diplomats, whose opinions and interpretations had great and decisive importance for the US public opinion and its government official reaction. The author concludes that the Czechoslovak crisis of 1948 aroused considerable interest and severe reaction in the United States. It was considered as a part of growing Soviet-American contradictions and international tension. Despite the fears of a communist coup in Czechoslovakia expressed back in 1947, American experts could not accurately predict the onset time of the crisis and its nature. The rapidity of the crisis, the Communist’s reaction, and decisiveness, lack of direct Soviet intervention, as well as the absence of democratic resistance, became a surprise for American journalists and diplomats. They believed that the communist takeover was a manifestation of Soviet expansion and the Kremlin’s desire to consolidate its control over all Eastern Europe. Despite the external legitimacy, the transfer of power to the left forces was interpreted as a coup d'état that final ized the establishment of the totalitarian regime in Czechoslovakia. Nevertheless, the US government refused to sever diplomatic relations with Prague and to initiate an international investigation. Washington found no direct evidence of Soviet intervention. It had to accept the changes in Czechoslovakia, focusing its forces on the inadmissibility of this scenario in Western Europe. The crisis directly influenced the adoption of the Marshall Plan and the intensification of the containment policy.
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Lanshakov, D. S. „CRIMINAL PROCEDURAL PROBLEMS IN IMPROVING LEGISLATION TO COUNTERACT THE DISCLOSURE OF INFORMATION ON MEASURES TO PROTECT INDIVIDUALS IN CRIMINAL PROCEEDINGS“. Bulletin of Udmurt University. Series Economics and Law 30, Nr. 1 (02.03.2020): 99–104. http://dx.doi.org/10.35634/2412-9593-2020-30-1-99-104.
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The improvement of the security process of citizens' participation in a criminal case is guaranteed by various legal means, among which the legal protection on the basis of Federal Law No. 45-FZ “On state protection of judges, law enforcement and supervisory authorities” and Federal Law No. 119-FZ “On state protection of victims, witnesses and other participants in criminal proceedings” holds a special place. The criminal legislation of the Russian Federation provides for an independent Article 311, which establishes criminal liability for disclosing information on security measures of participants in criminal proceedings. In law enforcement practice, there are problems of initiating criminal cases of this category and their subsequent investigation. The subject of evidence in a criminal case instituted on the grounds of corpus delicti provided for in Article 311 of the Criminal Code of the Russian Federation includes a body of information of a different nature. It is specific to the problem of delimiting the characteristics of Article 311 of the Criminal Code of the Russian Federation from the signs contained in Article 310 of the Criminal Code of the Russian Federation. In addition, at the stage of criminal proceedings, the absence of an administratively punishable misconduct should be determined. Among the criminal procedural measures to counteract the disclosure of information about security measures, it is necessary to single out, first of all, a warning to participants in criminal proceedings to prevent the disclosure of information on security measures, by analogy to Article 161 of the Code of Criminal Procedure of the Russian Federation. The article substantiates the need to highlight a new Art. 161.1 of the Code of Criminal Procedure of the Russian Federation “Inadmissibility of disclosure of data on security measures for participants in criminal proceedings” and the author's version of this rule is proposed. In addition, an analysis of other criminal procedural means of counteracting the disclosure of this property is presented.
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Khaliullin, A. I. „Aspects of Information Security of the Russian Federation“. Russian Journal of Legal Studies 5, Nr. 1 (15.03.2018): 59–65. http://dx.doi.org/10.17816/rjls18349.
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The scientific article considers issues of ensuring international information security, the component of which is the information security of the Russian Federation. High-tech methods and characteristics of the criminal space for committing crimes in the field of computer information determine their effectiveness. At the same time, there is no common position of states in the issues of countering cybercrime, which is predetermined, among other things, by the different level of penetration of information technologies. Despite the efforts of the Russian Federation to formulate rules for networking, including the inadmissibility of violating the information (network) sovereignty of states and other proposals put on the agenda of working groups at the UN, they do not find support from individual groups of countries. The absence of universally recognized borders in the network space, as well as procedures for interaction between law enforcement agencies in order to counteract cybercrime, forms a potentially conf licting information environment with a relatively low level of security. Identifying, suppressing and investigating cybercrime is, in most cases, complicated by the transboundary nature of the acts committed, which involves coordinating the efforts of law enforcement agencies of different states.Currently Russia is implementing a set of measures aimed at the regulatory regulation of the use of procedural documents in electronic form in order to accelerate the interaction of participants in criminal proceedings and reduce the terms of criminal proceedings: material evidence in criminal cases is electronic media containing electronic documents; separate elements of electronic document management are introduced. However, the legislation of the Russian Federation in the information sphere, as well as the practice of its application, needs further improvement.A special place among the subjects of counteracting the dissemination of information on the Internet, the circulation of which is limited in the territory of the Russian Federation, is assigned to the bodies of the Procurator’s Office of the Russian Federation, which not only oversees the implementation of laws throughout Russia, but also directly eliminates the causes and conditions that contributed to the commission of cybercrime.
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Genryh, N. V. „Culture and Criminalisation: Interdependence and Mutual Influence“. Pravosudie / Justice 2, Nr. 4 (25.12.2020): 176–96. http://dx.doi.org/10.37399/2686-9241.2020.4.176-196.
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Introduction. The relationship between criminal law and culture does not often attract the attention of domestic specialists. Few of the available studies are devoted primarily to the protection of cultural values. Much less often we find works devoted to the socio-cultural conditioning of the criminal law prohibition. However, the integral complex of issues of the relationship between the criminalisation of socially dangerous acts and culture has not yet been presented as an independent object of study, although it is an important research field of criminal-political research. Theoretical Basis. Methods. The research is based on two basic theoretical concepts. Firstly the concept of criminalisation of socially dangerous acts as developed in criminal law science and secondly, the normative theory of culture. Research methods used were analytical, axiological, and systemic. Results. Criminalisation, being a cultural phenomenon in itself, is closely related to other cultural phenomena and processes, which makes it possible to consider criminal law as one of the means of supporting cultural norms. Processes of criminalisation are not only directly influenced by cultural stereotypes and political culture in terms of determining the content of a criminal law prohibition. Criminalisation also has the opposite effect on culture. In particular, it can be used to supplant cultural norms that do not correspond to modern ideas about an ideal society, to preserve the norms and rules that it needs at the moment, to establish cultural norms, conceivable as promising models of social structure, to block individual cultural innovations. Discussion and Conclusion. The study of the relationship between criminalisation and culture opens up broad prospects for discussing the quality of criminal law and normative modeling of socially approved behavior. It serves as additional evidence that crime is a social and cultural construct, that is, an act with relative danger. This is an assessment that can vary with the dynamics of cultural norms. It also proves the inadmissibility of the gross use of legal means (secondary elements of culture) for the formation and imposition of cultural standards.
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Mazza, Caterina. „Tortura oggi: perché no! Riflettendo su Abu Ghraib e Guantŕnamo“. TEORIA POLITICA, Nr. 1 (Mai 2009): 121–44. http://dx.doi.org/10.3280/tp2009-001006.
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- The empirical evidences and the contemporary discussions get into question the total inadmissibility of torture which has been arranged and fixed on December 10, 1984 by the UN Convention against Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment. In fact, in the present time, several US scholars and politicians argue about the possibility to use torture as an adequate instrument to face the grave threat of international terrorism. Thinkers, for their convictions and analysis, part into two opposite positions: "utilitarian" and "absolutistic". The former is based on the Schmittian theory of emergency and on the idea that torture, a wrong practice in itself, can be justifiable if useful instrument to reach a morally higher "good" or to prevent an ethical worse "evil". The latter is grounded on the Kantian imperative as a guide for human choices. By this point of view, torture is absolutely and categorically unjustifiable, also in presence of a great threat for national security. Which reasoning and purposes support the US scholars in this reconsideration of torture as a tool of democracy? Which the actual consequences of these theoretical reflections?
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Perez-Leon-Acevedo, Juan Pablo. „The control of the Inter-American Court of Human Rights over amnesty laws and other exemption measures: Legitimacy assessment“. Leiden Journal of International Law 33, Nr. 3 (09.06.2020): 667–87. http://dx.doi.org/10.1017/s092215652000028x.
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AbstractIn 2001, the Inter-American Court of Human Rights (IACtHR) seminally found self-amnesty laws on serious human rights violations to be null and void. However, later national reactions showed that this supranational control has faced challenges. Such supranational judicial authority has been exercised where amnesty laws and other exemption measures blocked judicial cases, democratic referendums upheld legislation, and peace-making processes existed.This article seeks to determine whether the traditionally interventionist jurisprudence of the IACtHR on amnesty laws/exemption measures has been legitimate under global constitutionalism standards. The standards considered are: human rights, namely, rights of victims of mass atrocities; consistency or coherence of this jurisprudence with international, regional and national practices; and democratic legitimacy and/or accountability considerations.Victim rights have underlain the IACtHR’s jurisprudence on amnesty laws and similar measures. Importantly, developments on victim rights are not exclusive to the IACtHR as case law of other supranational human rights bodies evidences. Among human rights courts and bodies, the IACtHR has exercised the highest level of control over amnesty laws/exemption measures, even nullifying national legislation. However, the IACtHR’s case law shares common principles with UN/regional jurisprudential developments and domestic practices in terms of inadmissibility of amnesties and other exemption measures in cases of serious abuses. Unlike the European Court of Human Rights (ECtHR), the IACtHR has not deferred to sovereign state appreciation (conventionality control doctrine). Nevertheless, the IACtHR has arguably begun to move towards more ‘moderated’ approaches. This is advisable under democratic legitimacy considerations.
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Lomonosov, Aleksey V. „On Literary Terror (Based on the Materials of V.V. Rozanov’s Drafts and Unpublished Articles)“. Observatory of Culture 16, Nr. 1 (26.03.2019): 62–71. http://dx.doi.org/10.25281/2072-3156-2019-16-1-62-71.
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The article presents the views of experts on the specifics of V.V. Rozanov’s literary discussions. It highlights the features of the thinker’s polemics with P.B. Struve and his colleagues about the boundaries of the party framework in the course of public statements in late 1910 — early 1911. The most vivid details of disputes on the previously mentioned topic are noted. This is evidenced by citation of various draft versions of manuscript materials from V.V. Rozanov’s archive, stored in the Manuscripts Department of the Russian State Library. The article focuses on the duality of the positions not only of V.V. Rozanov, but also of the critics who started the dispute. On the basis of previously unknown archival sources presented in the article, the study aims to refute the myth that the philosopher was never engaged in author’s editing of works in the genre of journalism, and to prove the importance of this work for the thinker. It was V.V. Rozanov who introduced the term “literary terror”. There is considered the lexical series of the origin of this concept in the writer’s texts. The article confirms V.V. Rozanov’s view on the inadmissibility of politicization of his creative works. Personal motives in the philosopher’s fate during the described journalistic polemics are revealed. Responding to accusations of immorality, he claimed the inseparability of talent and moral forces of a literary person’s soul. There is also noted that it was important for V.V. Rozanov to understand the “mosaic” composition of cultural formations in all types of creative process. The article provides guidelines for detailing the ideological foundations used by the writer in his polemical speeches.
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ZAKHAROVA, L. S. „CRITERIA FOR SOCIO-NORMATIVE EVALUATIONS AMONG ADOLESCENTS“. Bulletin of Krasnoyarsk State Pedagogical University named after V.P. Astafiev 55, Nr. 1 (30.03.2021): 122–32. http://dx.doi.org/10.25146/1995-0861-2021-55-1-264.
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Statement of the problem. The article analyzes results of the study aimed at studying perceptions of contemporary adolescents about the norms of behavior in society. To conduct the research, we developed a questionnaire consisting of questions about what one can be proud of, what can be considered unworthy and even unacceptable in the behavior of a teenager. The questionnaire was designed in a way to take into account opinion of adolescents themselves, their friends, peers and adults of importance from the environment of minors. The purpose of the article is to provide grounds for the selected criteria on social and normative assessment of adolescent behavior, to share the study results, to analyze them through the prism of personal characteristics of the respondents. The research methodology includes analysis of theoretical materials and research works of foreign and Russian scientists and analysis of experience obtained by specialists working with adolescents to correct their deviant behavior. Despite available in-depth studies of deviance issues (Yu.A. Kleiberg, A.I. Zakharov, I.S.Kon, B.A. Krutetsky, A.G. Kovalev, K. Leongard, A.E. Lichko, I.F. Myagkov, V.N. Myasishchev, I.L. Nevsky, E.Sh. Natanzon, V.S.Stepanov, D.I. Feldshtein, E.G. Eidimiller, V.V. Yustitsky, etc.), there are unresolved issues in terms of perceptions of contemporary adolescents about socially approved behavioral manifestations and assessment of their own behavior and behavior of other people. Research results. Based on the literature analysis, the main criteria for assessing behavioral manifestations were identified. For this, adolescents used the following terms “criminality”, “personal weakness / strength”, “ethics”, “relationships”, “social success / failure”. The study considers various options of personal attitude of adolescents to each of these characteristics. When filling out questionnaires, adolescents chose a description for each of these terms, based on the concepts associated with them. The study resulted in identifying common answers, frequency of their use by adolescents and content analysis of the answers. Conclusion. Based on the results of the study of contemporary adolescents’ perceptions about behavioral manifestations of a person in society, it was revealed that there are deficiencies in understanding and distinguishing the essence of the selected terms. This is evidenced by difficulties in choosing a description of each term. Quantitative indicators demonstrate that the majority of adolescents are characterized by the “I am an adult” position and a hypertrophied desire for independence. Answering the questions about what a person can be proud of, most adolescents emphasize the importance of the category of “relationship” and “social success”. Assessing the category of “ethics” adolescents give specific examples of “anti-ethical norms” and refer this to unacceptable and unworthy behavior. Also, description of the term “criminality” refers to “inadmissibility of actions” by the majority of adolescents. “Criminality” is also described by them in terms of theft, murder, violence, and banditry. Answers to the same questions by adults who are most important in the life of adolescents are of the utmost interest. About half of the adult respondents demonstrated the lack of mature perceptions about behavioral manifestations of a person and criteria for an adequate assessment of the actions of other people.
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Zahorodnii, Ye. „RECOGNITION OF EVIDENCE INADMISSIBLE IN RESPECT OF RECEIVING EVIDENCE BEFORE THE CRIMINAL OFFENSE ISSUED“. ΛΌГOΣ МИСТЕЦТВО НАУКОВОЇ ДУМКИ, 10.11.2019. http://dx.doi.org/10.36074/2663-4139.03.03.
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The article describes and analyzes the problematic aspects of the admission of evidence inadmissible in connection with the receipt of such evidence before the filing of information about a criminal offense in the Unified Register of Pre-trial Investigations. There is a need for a thorough legal analysis of the aforementioned grounds for declaring the evidence inadmissible in the light of the foregoing. The result is the conclusion that the court found the inadmissibility of evidence in connection with the receipt of such evidence before the filing of information about a criminal offense in the Unified register of pre-trial investigations.
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Alexander, Nadja Marie, und Shou Yu Chong. „Singapore Case Note: Interpretation of MSAs and Inadmissibility of Evidence from Mediation“. SSRN Electronic Journal, 2019. http://dx.doi.org/10.2139/ssrn.3748436.
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Paletta, Angelo, und Genc Alimehmeti. „The efficiency of the Italian preventive agreement: a legal, economic and organizational perspective“. International Journal of Law and Management ahead-of-print, ahead-of-print (17.06.2021). http://dx.doi.org/10.1108/ijlma-01-2021-0028.
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Purpose This paper aims to analyze the ex ante and ex post economic efficiency of the preventive agreement (concordato preventivo) or composition with creditors as defined by the Italian Bankruptcy Law. This study examines four possible outcomes of the procedure: homologation (confirmation); the degree of dissent/consent of creditors; the revocation, admissibility or inadmissibility; the declaration of the company bankruptcy in preventive agreement. Design/methodology/approach This paper uses data from 728 Italian companies which filed for preventive agreement in 2016. In reference to each of the four possible outcomes, this study applies nine logit regressions to analyze the effects of a series of efficiency variables ex ante (corporate-based drivers) and ex post (procedure-based drivers). Findings Results show the relevance of the debt structure, ownership structure and virtuous behavior, corporate governance and management systems, as well as effectivity of the court control on the preventive agreement outcome. Originality/value This paper draws on original data of bankruptcy in Italy and gives empirical evidence of the ex ante and ex post factors on the outcomes of the preventive agreement.
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Amire, Peter. „Inadmissibility of a Document Tendered and Rejected: Any Exception? A Working Paper on the Exceptions to the Law Guiding the Admissibility of Documentary Evidence in Nigeria“. SSRN Electronic Journal, 2017. http://dx.doi.org/10.2139/ssrn.3242800.
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„On the New Rules Protecting Attorney-Client Privilege in Criminal Procedure in Russia“. Rossijskoe Pravo. Obrazovanie, Praktika, Nauka, 2018, 15–25. http://dx.doi.org/10.34076/2410-2709-2018-5-15-25.
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In the article, an attempt is made to consider the recently introduced additional criminal procedural guarantees of the protection of attorney-client privilege from the point of view of the system of the Russian criminal procedural legislation and in the light of the practice of the European Court of Human Rights. The author comes to the conclusion that additional guarantees of protection of attorney-client privilege introduced by the Federal law № 73-FZ contribute to the further development of the adversarial principles of the Russian criminal proceedings. At the same time, some innovations seem to be controversial. The supplement introduced to part 2 of the Article 75 of the Russian Criminal Procedural Code (CPC) concerning inadmissibility of using advocatory items and documents as evidence come into conflct with the Article 17 of the CPC and do not constitute the whole legal system with other provisions of the criminal procedure law. The rules of part 3 of the Article 450.1 of the CPC, according to the author, are incompatible with part 5 of the Article 165 of the CPC regulating urgent procedures of investigative actions requiring judicial permission, as well as part 2 of the Article 450.1 of the CPC. The author makes a range of proposals to improve the legislation and its application.
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Cullen, Francis T., Amanda Graham, Kellie R. Hannan, Alexander L. Burton, Leah C. Butler und Velmer S. Burton. „Catholics and capital punishment: Do Pope Francis’s teachings matter in policy preferences?“ Punishment & Society, 06.04.2021, 146247452199887. http://dx.doi.org/10.1177/1462474521998879.
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In the United States, Catholics make up more than 50 million members of the adult population, or about one in five Americans. It is unclear whether their religious affiliation shapes Catholics’ views on public policy issues, ranging from the legality of abortion to criminal justice practices. Capital punishment is especially salient, given that Pope Francis announced in 2018—as official Catholic Church teaching—that the death penalty is “inadmissible” under all circumstances. Based on two national surveys, the current project explores Catholics’ support for state executions before (2017) and after (2019) the Pope’s momentous change in the church’s Catechism. At present, little evidence exists that Pope Francis’s doctrinal reform has impacted Catholics, a majority of whom—like Americans generally—continue to favor the death penalty for murderers. Data from our additional 2020 MTurk survey show that only 17.0% of Catholic respondents could correctly identify the Church’s position on capital punishment. Despite these results, Pope Francis’s teachings provide Catholic leaders and activists with a compelling rationale for opposing the death penalty and holding Catholic public officials accountable for espousing offenders’ execution. Further, for the next generation of Catholics, instruction in the inadmissibility of capital punishment, as part of the Church’s consistent ethic of life, will be integral to their religious training.
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„ECtHR Decisions That Influenced the Criminal Procedure of Ukraine“. Access to Justice in Eastern Europe 4, Nr. 1 (01.03.2021): 102–21. http://dx.doi.org/10.33327/ajee-18-4.1-a000048.
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As of 2020, 70 years have passed since the day of the adoption of the Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR), which Ukraine ratified in September 1997. It was from this date that the countdown to significant democratic transformations in Ukraine and the establishment of human and civil rights and freedoms began. In this article, the authors raise relevant issues of reforming the criminal process of Ukraine in the context of European standards. The old Code of Criminal Procedure of Ukraine was adopted in 1960 and was in force for almost half a century. During this time, it became obsolete and bore a significant imprint of the Soviet past, which was manifest in both the bodies that conducted the trial and had primarily repressive powers and the public interests that dominated the rights and legitimate interests of those involved in criminal justice. The conditions under which the first steps aimed at realising the importance of the Convention and the value of human rights enshrined in it took place were not easy. The path of reform processes in criminal proceedings was associated with the confrontation of the Soviet past with modern transformation. It was difficult to realise the need to harmonise national legislation with European standards of human rights and freedoms and consolidate their perception as one of the necessary conditions for Ukraine’s integration into the European legal space, as well as the need for a conceptually new worldview for both the people of Ukraine and law enforcement bodies – officers, judges, and prosecutors. The authors summarise the most important decisions of the ECtHR made on complaints against Ukraine during the period of the reform of criminal procedure legislation, analyse the problems identified by the ECtHR, and illustrate how the legislator implemented the ECtHR standards in national criminal procedure legislation. They note that on the basis of the Convention and the case-law of the ECtHR in criminal procedure legislation, important principles of criminal proceedings, such as adversarial proceedings, direct examination of evidence, the right to defence, the right not to testify against oneself and close relatives, and reasonable time are legitimised. For the first time, the legislation of Ukraine has enshrined a rule on the inadmissibility of evidence obtained as a result of a significant violation of human rights and freedoms. A separate segment of the article is devoted to the consideration of amendments to the criminal procedure legislation regarding the protection of the rights and legitimate interests of a person in respect of whom a measure of restraint in the form of custody is chosen. In order to ensure the right of a person to liberty and security, the position of an investigating judge and the institute of free legal aid have been introduced. In addition, the authors focus on the aspects of direct application of the Convention and ECtHR decisions in law enforcement practice without amending the legislation, as well as analyse the legislative perspectives arising from non-implemented ECtHR decisions. Keywords: European convention; human rights; criminal procedure; principles of criminal procedure; Ukraine; freedom from self-disclosure; the right not to testify against close relatives and family members; the right to defence.