Ksendzov Y. —
Preventative measures in form of a restriction of certain actions, collateral, and house arrest: questions of their correlation and practices of application
// Law and Politics. – 2020. – ¹ 8.
– P. 67 - 84.
DOI: 10.7256/2454-0706.2020.8.33533
URL: https://en.e-notabene.ru/lpmag/article_33533.html
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Abstract: The subject of this research is the norms of criminal procedure legislation regulating the application of preventative measures in criminal proceedings, as well as court decisions made on the basis of the results of processing applications on selection of preventative measures. Based examination of law enforcement practice, the expert observations and proposals in scientific literature, the author carefully analyzes the flaws of the current system of preventative measures in the criminal procedure, problematic aspects of correlation of restriction of certain actions, collateral, house arrest, as well as separate restriction, imposition of which upon a suspect (accused) is allowable in accordance with Part 6 of the Article 105.1 of the Criminal Procedure Code of the Russian Federation. The conclusion is made that the current system of preventative measures is not perfect, and practical application of various preventative measures reveals the formality of the established hierarchical structure of preventative measures in the criminal procedure legislation from soft to a more strict form. Analysis of case law demonstrates the it is often impossible to clearly and unambiguously demarcate the measures of prevention on form of a restriction of certain actions and collateral, restriction of certain actions and house arrest, which leads the author to conclude on the reasonableness of regulation of restriction of certain actions as another form of procedural compulsion.
Ksendzov Y. —
Finding the Best Procedure for Resolution of Private Prosecution Cases
// Legal Studies. – 2019. – ¹ 7.
– P. 44 - 57.
DOI: 10.25136/2409-7136.2019.7.30321
URL: https://en.e-notabene.ru/lr/article_30321.html
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Abstract: The object of the research is the social relations arising in the process of criminal proceedings of private prosecution cases in the Russian criminal law. The subject of the research is the provisions of formerly effective Criminal Code of the RSFSR, currently effective Criminal Code of the Russian Federation and criminal procedure legislation of a number of foreign states. Based on the analysis of judicial practice, statistical data and other researches, the author of the article analyzes the procedure for legal investigation of private prosecution cases set forth by the Criminal Code of the Russian Federation, drawbacks and problems that arise in the process of resolution of such cases. In the research the author has used such methods as generalisation, observation, analogy, comparative law and historical law analysis. The main conclusion of the research is that the best practice in resolutino of private prosecution cases would be commissioning of a mandatory pre-trial investigatino stage. Compliance with a reasonable and well-balanced combination of private and public interests implies providing the private prosecutor with the right to continue criminal proceedings in the court including cases when the public prosecutor waives of prosecution.