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  1. 3 Internal Security

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  1. 1 2016

  2. 1 2013

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  1. 3 Zaytsev O.

  2. 1 Yepihin A.

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1

Modern Criminal Procedure Policy of the Russian Federation (Development Prospects)

100%
Zaytsev O.
Internal Security
|
2013
|
vol. 5(1)
85-94
EN
The article analyzes a number of legal sources of the Russian Federation devoted to criminal law and criminal procedure policies; it identifies and summarizes information about the development of theoretical thought on the matter. The author presents three presidential legislative packages, which include a new criminal legal strategy expressing qualitative changes in Russian society and satisfying the need for its modernization and development. The author observes that in the last ten years criminal procedure policy has undergone major changes, which have become an integral part of the judicial system modernization process and the criminal procedure legislation of the Russian Federation. The reforms concerned criminal procedure institutions connected to the reorganization of the inquiry, the creation of the Investigation Committee, the prosecutor’s powers, the use of measures of restraint, initiation of criminal proceedings on tax crimes, dismissal of criminal proceedings (prosecution) of economic crimes, changes in supervisory procedures, development of conciliation procedures. Also, increased attention in the article is paid to the content, the main features and trends in modern criminal procedure policy. Early discussions and the practical application of the criminal procedure legislation showed that the Russian legal community reacted rather ambiguously to a number of its innovations. The legal community has divided into supporters, who generally approve of the CPC, in favor of “Americanization” of the Russian Criminal Procedure and opponents of many innovations, advocating the preservation of the existing domestic criminal process in line with the continental tradition, characteristic not only for the Russian Federation but also for a number of European countries. The author states that since the implementation of the CPC until the present time, both academics and practitioners have expressed a great deal of justified criticism about it.
2

State Protection for the Participants of Criminal Proceedings in the Russian Federation

100%
Zaytsev O.
Internal Security
|
2011
|
vol. 3(2)
147-156
EN
This article covers the problematic questions concerning safety of the participants of the criminal procedure. Russia’s integration into the main international pacts and conventions have the effect of forcing the country into bringing the law to accordance with international and European rules in terms of ensuring safety of participants of the criminal procedure. This requires introducing appropriate processes to allow the realization of international standards and principles having in mind the peculiarities of the development of the country’s legal system. The main topic of this article is the theoretical and legal basis of state protection of participants of the criminal procedure in the Russian Federation. The author notes that in the middle 90s of the last century influencing the parties of the criminal procedure spread to other categories of criminal cases, making it a large socio-legal problem. This includes not only the witnesses, victims and other individuals involved in the process, but also judges, prosecutors and investigators, in connection with their professional actions. Russian academics were forced to draw on the experience of other countries of successfully running institutions and mechanisms that guarantee securing the rights and freedoms of witnesses, victims and other parties of the criminal procedure. On the basis of material gathered concerning the issue of safety of those connected with the trial-investigation process, the author proposes the priority branches of research in this domain.
3

State Protection and Safety of Participants in Russian Criminal Proceedings

63%
Zaytsev O., Yepihin A.
Internal Security
|
2016
|
vol. 8(1)
283-291
EN
International law is a powerful generator of factors for the creation of criminal procedure security system. However, the mechanism of implementation of international law in national, Russian legislation causes certain difficulties. The problem is the imperfection of regulating the implementation process of international law within a particular state. The institute of public protection and safety of participants in the Russian criminal proceedings is now sufficiently developed. However, it is no longer possible to investigate effectively the problems in law enforcement within the same branch of jurisprudence, such as criminal proceedings. It is absolutely necessary to obtain knowledge from related areas of law, as well as from other disciplines (e.g., psychology, conflict resolution). Also positive examples of implementation of the state protection and ensure the safety of persons, used by some foreign countries are highly required in the Russian legislation and law enforcement practice.At present, the accumulation of a sufficient number of laws and legal acts can be observed which regulate the state protection of participants of the Russian criminal process. Improved security of the individual in criminal proceedings is directly related to the cross-sectoral research; generalization of positive examples of law enforcement practices; sufficient methodological support for law enforcers (investigators, prosecutors and judges); adequate funding of state protection measures.
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