The monograph examines the theoretical and legal foundations of correctional centers, as well as the organization of their functioning. Separate paragraphs of the monograph can be used in practical activities when organizing the functioning of correctional centers. It is intended for practitioners of the UFIC (sites functioning as correctional centers) and correctional centers of the Federal Penitentiary Service of the Russian Federation (FSIN of Russia), as well as educational organizations, students, teaching staff interested in the problems of execution of punishment in the form of forced labor. It can be used in the implementation of the educational program of higher education in the direction of training 40.03.01 "Jurisprudence".
The workshop is a set of questions for knowledge control, abstracts, creative (research) works, practical tasks, the implementation of which will allow you to more successfully master the discipline "Criminal procedure" in terms of general provisions and pre-trial proceedings, develop skills for applying theoretical knowledge in specific law enforcement situations, registration of procedural documents. Meets the requirements of the federal state educational standards of higher education of the latest generation. For students of higher educational institutions enrolled in legal programs, teachers and all interested persons.
Introduction: the article deals with the issues of protection of the rights and freedoms of persons against whom criminal proceedings are carried out to prove them guilty of committing a crime; these issues have always been in the focus of attention of the progressive world community and the legislator. Aims: to analyze the legislation and law enforcement practice of Russia and some other countries in the field of the implementation of the right to protection by persons against whom criminal procedural activities are carried out to prove them guilty of committing a crime, to identify problem issues of a legal nature in this field, and to formulate scientifically substantiated recommendations to address them (minimization). Methods: the dialectical method of scientific knowledge forms the methodological basis of our study. We also use the following methods of scientific cognition: systematic, formal-logical, comparative-legal, etc. Results: the practice of ensuring the right to protection from suspicion or charge, including the decisions of the European Court of Human Rights, shows that not all issues of legal regulation in this area have been resolved to a degree that satisfies science and practice; human rights established by international legal standards are still being violated, the principle of adversarial parties in criminal proceedings is not implemented to the fullest extent, especially in pre-trial proceedings. Discussion: currently, the following issues are debatable: about the possibility of participation of the defender before an official suspicion or charge is brought against the person in an initiated criminal case (from the moment of the beginning of the implementation of procedural actions against a person, aimed at verifying the report of a crime and the involvement of the person in the commission of this crime, before the initiation of a criminal case, as well as from the moment of the implementation of a procedural action in an initiated criminal case affecting the rights and freedoms of the person against whom it is being carried out, and aimed at proving them guilty of committing the crime); about the possible participation of another person as a defender upon the request of the defendant, as well as the scope of the requirements such persons should comply with, and a set of criteria, according to which a decision should be made to allow the individual who does not have the status of defense attorney to act as a defender. Conclusions: based on the results of the study, we formulate proposals for improving the criminal procedure legislation aimed at expanding the scope of possible participation of a defender in criminal proceedings at the stage before the official suspicion or charge is brought, and determining the procedure for considering applications for allowing other persons who do not have the status of defense attorney to act as a defender. Keywords: Criminal prosecution; defender; defense attorney; petition
The reforms of the domestic criminal procedure legislation carried out in recent years in Russia are primarily aimed at improving the effectiveness of the implementation of the rights and freedoms of persons involved in the sphere of criminal proceedings, the beginning of which, according to the criminal procedure law, is conditioned by the receipt of a crime report by the competent authorities and activities to verify it. However, the analysis of the effectiveness of pre-trial proceedings conducted by the internal affairs bodies refers only to crimes, the analysis of data on the number of registered crime reports and the number of refusals to initiate criminal proceedings is not published by the official data of the Ministry of Internal Affairs of Russia. At the same time, one of the fundamental indicators of the activity of the internal affairs bodies is the increase in the number of unsolved criminal cases, which indirectly indicates an unwillingness to initiate criminal proceedings until, during the verification of a crime report, a person subject to further involvement as a suspect is identified after the decision to initiate a criminal case is made.
scite is a Brooklyn-based organization that helps researchers better discover and understand research articles through Smart Citations–citations that display the context of the citation and describe whether the article provides supporting or contrasting evidence. scite is used by students and researchers from around the world and is funded in part by the National Science Foundation and the National Institute on Drug Abuse of the National Institutes of Health.
customersupport@researchsolutions.com
10624 S. Eastern Ave., Ste. A-614
Henderson, NV 89052, USA
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
Copyright © 2024 scite LLC. All rights reserved.
Made with 💙 for researchers
Part of the Research Solutions Family.