The article analyzes tasks of simplified proceedings. The forms of simplified proceedings are considered as "summary proceedings" (England), "plea bargaining" (USA), "conditional refusal to initiate criminal prosecution", "criminal order" (France), "expedited proceedings"(Germany). The ways of implementation in domestic legislation have been developed and proposed based on the results of studying models of simplified legal proceedings.
SUMMARY
One of serious problems for each state is to ensure the promptness of criminal proceedings regardless of legal system in which it operates. Attention has recently been drawn to the need of introduction of simplified procedure among the ways to increase efficiency.
Discussion at the XII UN Congress on Crime Prevention and Criminal Justice (El Salvador, Brazil, April 12-19, 2010) about the concept of simplified (accelerated) criminal justice showed that improving the fight against crime in modern conditions requires taking into account a wide range of factors. Issues negatively affecting its condition included ineffective and protracted investigations, limited use of pretrial detention clauses, ineffective case management, limited resources from prosecutors and judiciary and their insufficient use.
According to the UN, summary proceedings are simplified procedure that expedites court proceedings in order to make criminal justice system more efficient and minimize costs. In general, summary judgment is used in lower courts, usually for less serious criminal offenses, and is an expedited procedure in which certain formal procedures are not required or simplified.
The purpose of the study is to analyze the grounds for terminating a criminal case due to the non-appearance of a private prosecutor without good reason at a court session in criminal cases of private prosecution (both provided for by the Code of Criminal Procedure of the Russian Federation and arising from the Resolution of the Constitutional Court of the Russian Federation dated April 13, 2021). The mechanism proposed by the Constitutional Court of the Russian Federation for exercising the right of the defendant to effective judicial protection did not remove the problem of applying Part 3 of Art. 249 of the Code of Criminal Procedure of the Russian Federation, and the legislator, who did not accept the position of the Constitutional Court of the Russian Federation, returned to the basis for terminating the criminal. cases of private prosecution when the private prosecutor fails to appear without good reason at the court session, provided for by the Code of Criminal Procedure of the RSFSR.
Study objective. Evaluation of the immediate results of Ross procedure in a patient with aortic valve pathology.
Material and methods
This article describes the results of surgical treatment of 1 patient (11 years old) who underwent Ross procedure for aortic valve defect. The results of surgical treatment during the hospital period are analyzed.
Important changes to the national criminal procedure legislation, indicated in the Decree of the President of the Republic of Uzbekistan Sh.M. Mirziyoyev “On additional measures to further improve the activities of the courts and increase the efficiency of justice”, aimed at strengthening the judicial and legal system, strengthening measures for the reliable protection of rights and legal interests of citizens, effective provision of justice, increasing the role of bodies of the judiciary, are reflected in the Criminal Procedure Code of the Republic of Uzbekistan (hereinafter referred to as the Code of Criminal Procedure).
The article outlines the problems associated with the use of the institution of private prosecution, aspects must be taken into account when solving these problems, opinions on the proceedings of private prosecution cases, as well as on the improvement of criminal procedural activities and criminal procedural legislation, proposals and recommendations aimed at improving the procedure for applying the institution of private charges and criminal procedure legislation.
In article are analyzed on the basis of the criminal procedure legislation and polemic of procedural scientists functions of pre-trial proceedings. Some offers are created to the theory and practice of criminal trial. In particular, it is offered to unite “charge function” and “investigation function” one concept and to call “function of criminal prosecution”. Also it is offered to make changes in
the Criminal Procedure Code about that the decision on recognition of the person by the guilty person with release from criminal liability was made only by court.
The article analyses the activities of the advocate’s trainee, the procedure and terms of the internship on the basis of foreign experience. As a result of the studies carried out, proposals were made to improve the legislation regulating the procedure for organizing the activities of an intern advocate.
В современных условиях, деятельность правоохранительных органов, ведущих борьбу с преступностью должна быть не просто качественной, а максимально эффективной. Такая эффективность невозможна без использования новейших достижений науки и техники. При этом, нельзя не отметить, что внедрение в уголовный процесс результатов научно технического прогресса поднимает целый пласт проблем, затрагивает различные аспекты: организационный, криминалистический, правовой и нравственнопсихологический33 34 35. Охватить весь комплекс проблем, связанных с цифровизацией уголовного судопроизводства в рамках одной статьи, конечно, не представляется возможным. В этой связи можно определить цель данной работы, как выявление тех сфер уголовного процесса, затрагиваемых цифровизацией, которые существенным образом могут повлиять на фундаментальные основы судопроизводства.
The article reveals the role and place of the appellation in correction of courts’ mistakes. This article suggests scientific basis and perfection of legal regulation of grievance procedure of appeal trial of criminal cases; analyze of judicial practice of statutory appeal of judicial decisions and proceedings at the court of appeal instance; the forming on scientific basis suggestions and
recommendations for perfection of legislation in the sphere of appeal proceedings.
With this article, the author continues the cycle of his scientific publications dedicated to the study of the structure of criminal procedural evidence. Based on the arguments presented, the author comes to the conclusion that it is necessary to partially revise his previous position, which implies the consideration of the categories of “collecting evidence” and “forming evidence” as two autonomous ways of carrying out the first stage of proof.
Instead, the author proposes to attach a somewhat conditional meaning to the category of “collection of evidence”, understanding by it any forms of behavior of participants in criminal proceedings aimed at obtaining and subsequent proceduralization of useful information.
SUMMARY
In this article, the author continues the series of scientific publications devoted to the study of the problems of collecting evidence as a cumulative stage of the work of the preliminary investigation bodies and the court with evidentiary materials in a criminal case. Moreover, these issues are considered in the context of a comparative analysis of the criminal procedure legislation of two sovereign states that emerged in the post Soviet space – Russia and Uzbekistan. In the first half of the article, the author introduces potential readers to his previous scientific positions on the essence of collecting evidence in criminal proceedings. And in the second part of the article, we consider the reasons that prompted a partial revision and rethinking of their previous positions. Based on these arguments, the author suggests that in the future the category "evidence collection" should be given a somewhat conditional meaning and that it should be understood as any form of behavior of participants in criminal proceedings aimed at obtaining and subsequent processing of useful information. The author believes that collection of evidence may be carried out through the implementation of two autonomous procedural mechanisms: a) formation of evidence, involving the creation (as the birth) of new educational resources through the procedural forms, i.e. through production in accordance with the CPC proceedings, consists in the perception of (study) the inquirer, investigator, court, as well as expert useful information and its transformation, transformation to the appropriate readings, expert opinions and results (protocols) of non-verbal investigative and judicial actions (and for the Uzbek criminal process-also audio, video and film recording materials that are Autonomous means of proof); b) attaching evidence to the materials of a criminal case that involves obtaining by presenting, requesting or withdrawing various items and documents, as well as their subsequent recognition as material evidence, other documents, expert opinions, results of operational search activities and administrative activities on the basis of a special state authority act of the body of inquiry, preliminary investigation or court, which gives them legal force and determines whether they can be used to justify law enforcement decisions.
This article examines the significance of changing accusations in the first instance under criminal procedure law and its impact on advancing justice. The process of changing accusations provides an opportunity to correct errors, ensure fairness, and promote a more accurate representation of the facts in criminal cases. This article explores the reasons behind changing accusations, the legal framework governing this practice, and the potential benefits it offers to the justice system. By analyzing relevant case studies and scholarly opinions, this article highlights the importance of this procedural mechanism in upholding justice and ensuring a fair trial.
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Результаты перевода Перевод A distinctive feature of the functioning of modern society is the active use of information technology. Their introduction into almost all spheres of human activity has significantly expanded the conditions for an increase in the number of crimes committed using computer technology. The object of these crimes are public relations in various fields.The article analyzes the notion of inquiry as a part of criminal procedure, preliminary investigation in
particular. This analysis is carried out in the context of historical development of legal basis for
criminal procedure and investigation. In the result, five stages of historical development of institute
of inquiry are pointed out
Subject of the inquiry: the protective carcass of a cabin of universal wheel tractor-cultivator.
Aim of the inquiry: design procedure working out on durability and the substantiation of strength parameters of the carcass of cabin of tractor of a class 1.4.
Methods of inquiry: Researches were spent by methods of mathematical and experimental modeling of deflections of elements of the bearing carcass of the cabin of the tractor at overturning in quasi-static to statement
The results achieved and their novelty:
- the mathematical model of calculation of the carcass of the cabin of the tractor on durability is made;
- the design procedure of the protective carcass of the cabin of the tractor on durability taking into account process of distribution of a zone of plastic deformation on length and height of cross-section section of elements of the construction of the carcass;
- Dependences strength properties of rod elements of the construction of the carcass from the bend and curvature moment.
Practical value: the cabin design procedure on the durability is developed, allowing at a design stage and operational development of a design with high degree of reliability to receive demanded strengthening characteristics (the Patent for the computer program № DGU 01583). The multiple analysis of the construction of the cabin of tractor TTZ 80.20 is carried out and the new carcass of the cabin of the tractor (the Patent for utility model № 1'AP 00563) is offered.
Degree of embed and economic effectiveness: Results of work are transferred to special design engineering bureau “Tractor” for practical use at carrying out of developmental works on modernization and construction development of new carcass of cabins of tractors.
Sphere of usage: automobile construction and tractor construction.
It is known that labor discipline is an objective necessity in the production process. In the legal literature, this concept has been interpreted in different ways. Labor discipline is a procedure that determines the interaction of the participants in production, strengthened by legal norms. More simply, labor discipline refers to the necessity of joint labor as well as the subordination of Labor participants to a certain order. Labor discipline is studied as a subject of various disciplines. In the field of law, however, it is studied and researched as a legal category. labor discipline is also important as an institution of labor law. This aspect of it is manifested as a system of legal norms that regulate the rules of the internal Labor procedure of the enterprise, the duties of the employee and the employer, as well as establishing honest labor and measures to stimulate it, and the disciplinary responsibility of employees for violation of labor discipline. labor discipline by its nature is also, to a certain extent, a mirror of the true behavior and morality of the employee. Because, in this sense, it testifies to the production discipline of the employee and to what extent he adheres to the established order in this regard. This article analyzes all the circumstances related to the labor discipline of employees of enterprises and institutions through legal norms in Uzbekistan. Already, the state of labor productivity in production is largely directly related to whether employees adhere to labor discipline in the labor process or not.