Cherepanov M.M., Byvaltseva S.G. —
About some actual problems of the organization and activity of the Prosecutor's Office of the Russian Federation on participation in international cooperation
// International Law. – 2023. – ¹ 1.
– P. 83 - 95.
DOI: 10.25136/2644-5514.2023.1.38177
URL: https://en.e-notabene.ru/wl/article_38177.html
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Abstract: The subject of the study is the materials of prosecutorial practice, as well as the norms of current laws and international legal acts of the Russian Federation. The object of research in the article is some current topical problems of the participation of the Russian Prosecutor's Office in international cooperation. According to the authors, at present, the activity of prosecutors in the field under consideration cannot be called a perfect line of activity of the domestic prosecutor's office. The problems of subjective (lack of necessary practical experience of participation in international cooperation among individual prosecutors) and objective (shortcomings in legal regulation, scientific and theoretical shortcomings, the geopolitical situation in the world, and others) are investigated. Based on the results of the study of these problems, the necessity of their mandatory solution is emphasized and the author's vision of some complex ways to overcome them is proposed. At the same time, the authors propose to pay special attention to improving the regulatory framework, continuing the diplomatic policy of the Prosecutor General's Office of the Russian Federation on concluding bilateral agreements with the competent authorities of foreign states on cooperation in the criminal procedure sphere and in cases of administrative offenses, as well as preparing appropriate educational and methodological and scientific literature developed by scientists of the University of the Prosecutor's Office of the Russian Federation and other law schools, and some other measures.
Cherepanov M.M. —
On the question of extradition verification conducted by the prosecutors of territorial and specialized prosecutor's offices of the lower echelon of the prosecutorial system of the Russian Federation, and on certain flaws of the snap poll of a person on the international wanted list
// International Law. – 2021. – ¹ 3.
– P. 51 - 63.
DOI: 10.25136/2644-5514.2021.3.36132
URL: https://en.e-notabene.ru/wl/article_36132.html
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Abstract: The subject of this research is the materials of prosecutorial and judicial practice, as well as the norms of the current legislation of the Russian Federation, including international treaties of the Russian Federation. The object of this research is the extradition verification as the established by legislation legal means of the prosecutor aimed at detecting violations of the Constitution of the Russian Federation and laws effective in the territory of the Russian Federation, including international treaties of the Russian Federation and generally accepted principles of international law, human and civil rights and freedoms, factors and conditions that contribute to such violations, and responsible parties in the context of resolving the question of extradition of foreign citizens and stateless persons from the Russian Federation or establishing the absence of indicated violations. Special attention is given to the concept, peculiarities, structure and content of extradition prosecutorial verification. The author supports the opinion of some scholars on the need to adopt foreign experience (namely of the Republic of Kazakhstan and Ukraine), as well as specify in the Criminal Procedure Code of the Russian Federation the normative definition of the term “extradition check verification” and particular procedural actions of the prosecutor that constitute such verifications. The conclusion is made that the snap poll procedure for the detainee should be considered the initial (organizational and preparatory) stage of the extradition verification; there are gaps in normative regulation of the snap poll procedure, which may cause difficulties in practice of the prosecutors of the lower echelon of prosecutorial system of the Russian Federation, who are entrusted to take part in international cooperation. The author underlines the need for mandatory correction of all the flaws, and offers the original perspective on their elimination.
Cherepanov M.M., Bezrukov Y.I. —
To the question of prosecutor’s involvement in examination of criminal cases by the judge and with participation of members of the jury
// Law and Politics. – 2019. – ¹ 6.
– P. 42 - 49.
DOI: 10.7256/2454-0706.2019.6.29992
URL: https://en.e-notabene.ru/lpmag/article_29992.html
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Abstract: The object of this research is some relevant problems of prosecutor’s involvements in examination of criminal cases by the courts. The subject of this research is the materials of prosecutorial and judicial practice, as well as the existing legislation of the Russian Federation. Currently, the participation of prosecutors in examination of criminal cases cannot be referred to as the absolute duty in the work of the National Prosecutor's Office. Therefore, the autho0r determines the problems of subjective and objective character. Human factor can be regarded as the first group: the inappropriate organization of work of the prosecutor’s office or its structural department on ensuring prosecutors’ participation in examination of criminal cases by the courts, as well as the insufficient experience of prosecutors and neglectful attitude to their duties. The second group implies the inadequacies of certain provisions of the existing Federal Law “On the Prosecutor's Office of the Russian Federation”, including those contradicting the Criminal Procedural Code of the Russian Federation. The author underlines the urgent need for their solution, as well as proposes the original methods to overcome them. Special attention is given to education and self-education of the prosecutors, and bringing the provisions of the Articles 36 – 38 of the Federal Law On the Prosecutor's Office of the Russian Federation” in compliance with the norms of the Criminal Procedural Code of the Russian Federation.