Межотраслевая преюдиция в уголовном процессе
The article deals with the problem of interdisciplinary res judicata - binding force, in criminal proceedings, of final judicial decisions issued in other proceedings. The authors find that the principle of res judicata should apply not only to facts, but also to legal assessment of those facts by the courts. Such interpretation of interdisciplinary res judicata stems from systemic interpretation of Ruling No. 30-P issued by the Constitutional Court of the Russian Federation on 21 December 2011.
The investigating judge in the criminal court proceedings in Russia: Pros and Cons In the context of the discussion in the legal spheres, the paper describes the arguments «for» and «against» the imposition of Institute of specialized investigative judges, which designed to implement an operational judicial control over the legality and validity of the use of coercive measures, to the Russian Law of criminal procedure.
This Chapter is intended to study the most important procedural institution - measures of procedural coercion. It consistently examines their essence, classification, procedure and grounds for detaining a suspect, preventive measures and other measures of state coercion. The author formulated questions for discussion at seminars, topics of essays and abstracts, selected normative legal acts that may be necessary for reading and taking notes, wrote a test, tasks, compiled a list of additional literature recommended for a comprehensive study of this procedural Institute. The use of this Chapter in the study of Russian criminal procedure law makes it possible to get a clear idea of the problems, trends, and prospects of its development, contributes to the formation of Mature legal thinking, and the acquisition of a set of interrelated skills and abilities necessary in the practice of a highly qualified lawyer.
It is an integral part of the unified criminal procedure training course. It is addressed to students, postgraduates, faculty of higher educational institutions (faculties) of the legal profile. It will be very useful for practicing lawyers and law enforcement officials.
The article deals with the issues of improving the effectiveness of methods of investigation of crimes, individual types and groups. Summarizing the point of view of criminalists, its author seeks to prove that the scientific provisions and practical recommendations developed within the framework of the forensic methodology should contain typical arguments for making intermediate and final decisions in criminal cases, representing a constantly updated set of forensic algorithms and programs, from which the optimal technology of pre-trial and judicial proceedings in a particular criminal case should be formed. It is proposed to make forensic algorithms, programs and technologies of this kind an object of constant interest for investigators, investigators, prosecutors, lawyers, judges and a mandatory component of the set of professional competences of a lawyer.
This textbook presents in an accessible form the full course of the criminal process as a discipline provided for by the requirements of the Federal state educational standard of higher education in the direction of training 40.03.01. "Jurisprudence" (bachelor's level). The General part of the criminal process, pre-trial and judicial proceedings, the special procedure of criminal proceedings, and international cooperation in the field of criminal proceedings are covered. Changes in criminal procedure legislation that have occurred in recent years are reflected. A large volume of theoretical sources is analyzed, judicial and other practices are used, and foreign experience is considered. The presented material is illustrated with diagrams, drawings and photographs, each Chapter contains methodological materials (tasks, questions for discussion, etc.).
The practice of bail as a preventive measure in the criminal process, a long time and is very common in developed countries, the Anglo-Saxon and Continental systems of law. That said, unfortunately, can not say in relation to criminal proceedings in Russia, where the collateral is rarely used. And, judging by the genesis of the institute preventive measures, the trend is clearly manifested itself, and when the mortgage was assigned to the competence of a purely investigative bodies, and when to apply it the legislator has introduced a procedure of judicial authorization
The article is devoted to a particular form of freedom of assembly — the right to counter-demonstrate. The author underlines the value of this right as an element of democratic society, but also acknowledges the risk of violent actions among participants of opposing demonstrations. Due to this risk, the government may adopt adequate measures restricting the right to counter-demonstrate, certain types of which are analyzed in this paper.
Development of standards of international controllability is reviewed in the article. Institutional approach is applied to development of international legal regime of Energy Charter. Definition of controllability is connected to development of international standards of dispute settlement, which are described in the article in detail. In connection with controllability, Russian interest, defense of investment in European Union and ecological investment encouragement, is reviewed in the article.
мировое управление и управляемость, Мировая экономика, международное экономическое право, энергетическая хартия, International control and controllability, International economics, international economic law, Energy Charter
международное частное право; недвижимость; ; школа бартолистов; бартолисты; теория статутов; статуарная теория/