Ensuring the principle of adversarial parties by the investigator at the end of the criminal prosecution

Background: Article analyzes various national and international aspects of the state of the system of legal support of public order and social security related to mass events. Objective: to develop organizational and legal solutions aimed at creating an effective approach to solving issues of law enforcement and social security during the preparation and holding of mass public events. Methods: dialectical method was chosen as the main research method. Results: The article highlights the administrative-legal and organizational-tactical measures used by the internal affairs bodies and the resource enforcement of the law and social security during the preparation and holding of public events of various kinds. The authors highlight the legal and organizational bases for law enforcement and social security during the preparation and holding of public events in foreign countries. Conclusions: New approaches to ensuring social security have been proposed for both internal affairs units and sanitary and epidemiological services in connection with the spread of the COVID-19 pandemic.

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Law Enforcement and Social Security of Public Events: Organizational and Legal Solutions

Pauzin

Vasyukov

Krasheninnikov

et al. 2022

SDJ

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Seizure of property: development of legislation and improvement of law enforcement practice

et al. 2021

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Questionable questions are studied on the annulment of the measure of procedural coercion applied in the form of seizure of property in the event of termination of a criminal proceeding (criminal prosecution) with voluntary compensation for damages caused by a crime. The authors propose to specify the cases in which it is possible to cancel the seizure of property, that is, in case of expiration of the period of detention imposed on the property established by the court, or refusal of extension, as well as in cases of termination of the criminal case (criminal proceedings) and the refusal of the plaintiff of the declared civil claim. Attention is also given to the issues of seizure of property to compensate for moral damage caused by a crime. Based on the results of the consideration of this issue, it is concluded that the use of a measure of procedural coercion in the form of a seizure of property is possible not only for the purpose of compensating for property damage but also to create legal guarantees. Guarantee compensation for moral damage caused by a crime, as specific additions to the current criminal procedure law in Russia are justified.

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Russian court in adversarial criminal procedures

et al. 2021

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This article discusses the role of the Russian court in accusatory criminal proceedings. At the legislative and practical levels, there is uncertainty about the degree of judicial activity in relation to the question of evidence. The theoretical model of the accusatory system assumes that there is minimal judicial intervention in the investigative proceedings of the parties. The latter must act and defend their position in the criminal case. The court is supposed to have a passive stance. The methodological basis of this study is composed of general scientific and legal methods such as dialectical, historical, systematic, comparative legal, formal-logical methods, etc. Most countries that practice an accusatory model of criminal justice grant the court a certain level of action that allows it to participate fully in the evidence during trials. By way of conclusion, it is suggested to improve the capabilities of the Russian court to actively investigate the evidence, as well as to offer new forms of defense to the parties.

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Ensuring the principle of adversarial parties by the investigator at the end of the criminal prosecution

Cited by 6 publications

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Law Enforcement and Social Security of Public Events: Organizational and Legal Solutions

Law Enforcement and Social Security of Public Events: Organizational and Legal Solutions

Seizure of property: development of legislation and improvement of law enforcement practice

Russian court in adversarial criminal procedures

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