Practical Issues of Release From Criminal Liability on Grounds of Positive Post-Criminal Behavior of the Persons Who Comitted the Lending Fraud

Lobanova, Lyubov; Mkrtchyan, Sona

doi:10.15688/jvolsu5.2016.3.23

Vestn. Volgogr. gos. un-ta. Ser. 5, Jurisprud

2016

DOI: 10.15688/jvolsu5.2016.3.23

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Practical Issues of Release From Criminal Liability on Grounds of Positive Post-Criminal Behavior of the Persons Who Comitted the Lending Fraud

Lyubov Lobanova¹,

Sona Mkrtchyan²

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The institution of criminal case termination as an object of legal regulation in the system of criminal procedure legislation

Peretyatko

FEDYUNIN

2022

Cur. Issues of the State and Law

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The relevance of work is due to the presence of legal problems of the institution of criminal case termina-tion, which have accumulated in recent years and the need to develop measures for the legal regulation of this sphere of legal relations. The purpose of work is to study the institute of criminal case termination as an object of legal regulation. The objectives of the study are to identify trends in the development of the institution of criminal case termination, emerging legal contradictions, respect for the rights of participants in the process, as well as developing proposals and recommendations for solving existing problems. We use classical methods of legal research: analysis, synthesis, generalization of law enforcement practice, logic. Based on the analysis of legislation, decisions of higher courts and law enforcement practice, a conclusion is made about the emerging trends in the field of reforming the institution of criminal case termination, primarily related to the realization of the right of persons to rehabilitation. We substantiate the conclusion that the power to terminate the criminal case in the sense of understanding it as a final decision should be entrusted to the court, since in its essence this is its resolution on the merits. We prove the need to reform the institution of criminal case termination, however, the legislator should focus on correcting its contradictions, inaccuracies and existing gaps in order to bring it into line with the norms enshrined in the Constitution of the Russian Federation, the principles proclaimed by it and the purpose of criminal proceedings.

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The institution of criminal case termination as an object of legal regulation in the system of criminal procedure legislation

Peretyatko

FEDYUNIN

2022

Cur. Issues of the State and Law

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Termination of criminal prosecution and termination of a criminal case: current state of law enforcement

Endoltseva¹

2021

Cur. Issues of the State and Law

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The release of a person from criminal liability by terminating his criminal prosecution is an alternative form of resolving a criminal law conflict, tested by Russian and foreign practice. In order to understand how effective this practice is in Russia, what is the current state of law enforcement in this aspect, we study scientific works, decisions and rulings of the highest courts of Russia, analyze the statistical data presented on the official websites of the Prosecutor General's Office of the Russian Federation and the Judicial Department at the Supreme Court Russian Federation. The accomplished work allows us to conclude, including that the modern model of regulation of the institution of termination of criminal prosecution and termination of criminal case is imperfect, the legislator is in search of optimal ways to simplify and speed up criminal proceedings, but with a proper balance of private and public interests. The ratio of the number of terminated criminal cases between the bodies of preliminary investigation and the courts indicates the uneven application of the indicated legal institutions in pre-trial and judicial proceedings, the need for a systematic determination of the causes and conditions affecting these facts, both from the point of view of criminal law and criminal procedure, and criminological aspects, with the identification of their relationship and interpenetration, which would make it possible to establish and consolidate such an approach to determining the effectiveness of law enforcement in the designated issue, which would fully meet the state goals and objectives in the field of criminal policy and would become the foundation for building an optimal model of legal regulation of institutions exemption from criminal liability, termination of criminal prosecution, termination of criminal case.

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Practical Issues of Release From Criminal Liability on Grounds of Positive Post-Criminal Behavior of the Persons Who Comitted the Lending Fraud

Cited by 2 publications

References 0 publications

The institution of criminal case termination as an object of legal regulation in the system of criminal procedure legislation

The institution of criminal case termination as an object of legal regulation in the system of criminal procedure legislation

Termination of criminal prosecution and termination of a criminal case: current state of law enforcement

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