The current Criminal Procedure Code of the Russian Federation, while securing the opportunity for a legal entity to participate in criminal proceedings, does not establish which organizations are to be understood as a “legal entity”. In this regard, this concept in the criminal process is often identified with the civil-legal definition of a legal entity, leaving behind its framework organizations that are not subject to registration in the Unified State Register of Legal Entities. Meanwhile, historical analysis indicates that legal entities were participants in criminal procedural relations long before the concept of “legal entity” was consolidated in civil legislation, as well as the establishment of the procedure for their registration. At the same time, starting from the XI century, the possibility of participation of legal entities in the criminal process was determined by criteria that have not lost their relevance at the present time.
Introduction. An important achievement of modern criminal procedure legislation and law enforcement practice is the implementation of international standards and democratic legal institutions concerning the strengthening of guarantees of respect for the rights, freedoms and legitimate interests of participants in criminal proceedings. Among them is the right of a person to receive qualified legal assistance. In this regard, it becomes important to analyse the system of scientific views and studies on the issue of qualified legal assistance and its relationship with the right to protection determined by the Constitution of the Russian Federation, and to determine the main characteristics to which such assistance should correspond. Theoretical analysis. The mechanism of procedural support of the right of a person against whom criminal prosecution is being carried out to receive qualified legal assistance is identified, and proposals are formulated to improve the legal guarantees of ensuring legal activity in its implementation. Empirical analysis. A definition of the right to qualified legal assistance has been developed, which represents the rights of a suspect, accused, or victim to use the help of a lawyer with legal education, who is part of the professional legal community, with a confirmed status, in order to ensure the implementation of the purpose of criminal proceedings – in terms of protecting the rights of victims of crimes – and all components of the right to protection from criminal prosecution and prosecution, which are enshrined in the current legislation at all stages of criminal proceedings. Results. The authors carried out a study on scientific representations of the right to qualified legal aid and the distinction between the right to protection and the right to qualified legal aid.
In modern world, the introduction of information exchange technologies develops rapidly, which significantly outgoes the development of legislation. Therefore, the question of the implementation of these technologies arises in order to strengthen its preventive functions. The purpose of this study is to determine the prevention of criminal proceeding in the context of its digitalization and the introduction of new methods of information exchange within the framework of building an information society, both in the activities of the criminal prosecution bodies in pre-trial proceedings, and in the settlement of criminal cases in courts under the conditions of openness. The first part of the study is devoted to the analysis of the situation that has developed in the field of implementation of preventions of criminal proceeding in the context of digitalization process. The second part of the study is devoted to the influence of the provisions of the criminal procedure legislation on compliance by the courts with the conditions of openness of the trial on the implementation of criminal procedure prevention in the judicial stages of the criminal process, taking into account the development of modern technologies of access to information. In conclusion, the authors sum up that preventions of criminal proceeding create an informational environment in society that prevent commission of crime and are realized through the state policy in mass media, creation of databases to effectively monitor the crime situation in a certain area.
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