Доказательства и доказывание в судебной практике по уголовным делам
practical Handbook devoted to the problems of proof in criminal procedure of Russia, which, as a Central part of criminal proceedings, covers all of its stages and is the only legitimate action to establish a legally significant circumstances relevant to the criminal case. Based on detailed analysis of court practice discusses the features of the gathering, verification, evaluation and use of evidence to establish the circumstances of the events under investigation, the protection of individuals from illegal and unwarranted accusation, conviction and restriction of rights and freedoms, as well as the prosecution and appointment guilty fair punishment. Special attention is paid to the most typical errors, often by officials and state bodies, since knowledge of these errors allows you to avoid making illegal, unreasonable decisions to improve the quality and efficiency of the criminal procedural activities.-*/
The article contains a comparative-juridical analysis of main regulations of the Russian and Mongolian criminal procedure codes. From the more detailed analysis of individual Mongolia CPC institutions follows the conclusion, that the order of judicial process is defined sequentially and logically from judicial-technical positions, it led to achievement goals of Mongolia criminal process.
The article is devoted to the analysis of the provisions of the Welsh Laws of Hywel the Good, related to the criminal law. The law remained the main source of law in Wales until the conquest of the Principality of English by King Edward I in 1284, and the introduction of Statute of Rhuddlan in 1284. The creation of the Act is attributed to the Welsh King Hywel the Good (X century), although the earliest surviving manuscripts of the Act are dated back to the 13th century. Particular attention is given to the substance of the third part of the Act "Justices' Test Book", original manuals, knowledge of which was mandatory for the administration of the duties of a judge. This part of the Law distinguishes the contemporary medieval vaults from the Laws of Hywel the Good. "Justices' Test Book", which is a set of rules of criminal and procedural law, consists of sub-sections, dealing with murder, theft, fire, compensation for damage caused to property, personal injury. The main part of the "Justices' Test Book" is dedicated to order payment of all sorts of compensation and fines associated with the commission of an offence. The author emphasizes the role of the clan in Welsh society: all fines and compensation payments were laid on the shoulders of the perpetrator and his relatives.
A major issue addressed in the article is the evidence of the commission of the offence by the accused. The author draws the attention to the process of announcement and the process of finding an acquirer in bad faith of assets recognized as stolen. It is interesting that such a rule is found in the Russian Justice and Swedish Vestgjotalage. The author finds the ascendancy of compensation payments for damage caused prevailing over the above penalties in Welsh law, explaining this relative weakness of public authorities on the one hand and the other by legal tradition, as even the increased power of Welsh Princes in the XII-XIII centuries. has not led to significant changes in the rules.
The author substantiates the thesis that an arbitration court can reclaim from a party to the dispute evidence, that is necessary for the other party to ground its arguments and objections. If the court has reclaimed an evidence, and the party fails to submit it, such party is considered to have conceded facts, claimed by the other party.
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/