Vipadki utiska rights odnієї people іnhim trampleyutsya ubiquitous.
It is not uncommon to be brought up by witnesses of conflicts on a religious basis, connected with interracial fortune telling. Crowds of people can take one of one of the special mirkuvans, but if the rights of a person are violated, you can watch for a suspenseful life.
The situation is being strengthened, as if mutually between close people, the courts under the law, and ceramics also do not support the powers of the Constitution.
This document to complete the volume and two words to retell yoga cannot be seen exactly.
The first division spelled out the foundations of the constitutional order of our state. Another parted to avenge the rights and freedoms of the bulk of that people. Third - I explain how the federative arrangements of the Russian suspenst are being introduced.
In okremi chapters, the president's resurrection is looked at, federal fees, order our state, the court authority and the prosecutor's office, bodies of police self-regulation.
Article 136 of the Criminal Code of the Russian Federation clearly prescribes all kinds of constriction, like you can get to the people, like you can take care of the other people.
It says that if it were a form of exchange of the rights of a person who was fenced, and the order of legislation would strictly punish such a thing:
If you come in, you can zastosuvati to planting osіb, yakі borrow kerіvnі plantings from various organizations, from state establishments, as well as from non-commercial organizations.
Indeed, deservedly punished for stifling the rights of a person who is far from skinny, who deserves it. People do not hurry to assert their rights, knowing the pressures.
Do not be afraid to fight for your rights. Then there will be fewer facts, people will begin to respect not less powerful interests, and brothers and sisters of other people.
The skin of a person is right. The gromadyan is obliged to accept himself as a full-fledged participant in the economic, political, social, cultural life of the country. From the standpoint of right, people evaluate their own behavior of hundreds of other people as right or wrong.
For the luminous law enforcement of 2020, the river was marked by the 70th anniversary of the creation of the Global Declaration of Human Rights.
The phrase from it is visible to the skin, it seems: “All people are free and equal in their rightness and rights. The stench is endowed with a mind and a conscience and a duty to repair one another in the soul of brotherhood.
І dorimuvatisya all rights and obov'yazkіv people maє power. Ale, it’s unlikely that you’ll be able to see at least one power, as it was 100% dormant to this attribution.
The authors of the Russian Constitution relied heavily on the Declaration, creating the main legal document of our country. The rights and freedom of the people here are a priority. For dotrimany u sіh aspects stezhat mіstseі organi samovryaduvannya, chi zabezpechuyutsya tsі rights to justice.
The exchange of rights and freedoms of people can be introduced at times, as a result of which activity is superimposed on the foundations of the constitutional harmony.
Ale y tse obezhennya mozhe vydbuvatisya less within the framework of the law and do not zavdavat wine. In any case, in any given time, it is impossible to obgezhit the right to life that human life.
The skin of a person can guarantee the judicial defense of their rights. Here lie the possibility of obtaining a qualified ship's assistance.
As if a person is enthralled, that the state is not in the wrong world to create all and її legal guarantees and a warehouse of evil in reality. Vіn mozhe turn to the interstate bodies for the defense of the rights and freedoms of the people.
Constitution Russian Federation transferring a special institute to control the rights and freedoms of people. Since 2016, the year in Russia has been settled by Tetyana Mykolaivna Moskalkova. In this settlement, there will be five rokiv.
Shorіchno on im'ya upovnovazheno z human rights nahodhodit skargi about the fact nedotrimannya rights and freedoms of the people. Most of these applications are written on specific osib.
With the rest of the fates, there was a clear tendency to reduce the skarg of the hulks to suppress their rights. So, while in 2016 the number of registered applications was 42,549, in 2017 the number of applications decreased to 41,840.
It is left to be convinced that this ostentatious show is showing the right standard of speeches, and the facts of the destruction of the rights and freedoms of the hulks in the front roci were just less.
The theme of scarg is varied. People skarzhatsya on criminal procedural law, mayzhe tretina zvernen (30%) pov'yazana itself іz tsim directly.
Є skargi on Zhitlov's legislation, there were over 17% of such people. Mayzhe half of the vengeance to avenge the skargi on the criminal and vikonavche legislation.
The situation with the rich homeland of N. near the Tulsk region has become a real butt of the destruction of the rights of a person.. Mіstseve samovryaduvannya zabazhala otrimati nabutu this apartment from the authority of the municipality to that, according to this object in the past, Shakhrai land was fixed. Judicial bodies supported the position of the municipal authorities and made decisions about the removal of the family from the honestly attached apartment. To the decisions of the Supreme Court, I was praised and the rights of this person to live were renewed.
The facts of illegal destruction of criminal rights were repeatedly voiced. So, for the fact of the dismissal of Upovnovazheny to the prosecutor of the Ivanivsk region, 2 criminal cases were instituted against others, as they tried to illegally attract their own bones from the dead squad of pensioner S.
Across the river before the Upovnovazheny, there was a low scarg for the destruction of the rights of the people at the places of the primus primus. A low price of punishment for the name of the Upovnovazhenny was written by relatives and lawyers, clamoring for R.'s arraignment to avenge the Perm GUFSIN. The woman was diagnosed with cancer, but at the hour of the morning in the setting, she was not carried out properly medically, without seeming already about the lure. As a result, the convict's wife carried out all the necessary procedures, and they appointed a complex treatment.
These facts are far from alone, as far as calling for those who are far from all the animals of the bulk of the population on the stele to the Upovnovazhenny. Most of them still depend on the miserable equal.
The main recognition of the Upovnovazhenny from the rights of the people is to protect the rights and freedom of the people. Ale does not mean that the skin of a person in times of violation of their constitutional rights can once again be turned up to the recognition of the rights of a person.
For the beginning, it is necessary to write a statement to the local prosecutor's office. The very same thing followed the destruction of the vipads in front of us. This organ of exhortations on the path of the priestly equal for him, so that the rights of the hulks were reached on all points.
The return can be for the following reasons:
Only a part of the situation, for which the bulk of the people can turn up to the prosecutor's office, without compromising on the rule of law.
You can send the scarga to the prosecutor's office in any way that is convenient for you:
Most of the citizens go in the traditional way and go to the prosecutor's office in a special way, taking into account the way they find.
After carrying out all the necessary rechecks on the applicant's behalf, we have a sheet with the prosecutor's office, in which case the result will be examined by the skarga.
Where else can you write about the destruction of the rights of people, as if the result of the brutalization before the prosecutor's office did not please you? Write without intermediary to the Upovnovazhennogo z human rights in Russia.
In this case, the skarga can also be specially brought to the office of an official, you can send an application for additional electronic mail, which is more convenient, protecting the expanse of our fatherland, you can send papers by mail, or you can send an application for additional social measures.
Rows to look at the scarga - 10 days from the moment of її otrimannya. After the completion of this term, I can blame my decision on a farther share of the scarga.
The term of the residual view is to lie down depending on how much time you need to take all the necessary drinks from the authorities. Vіdpovіd the applicant otrimaє in such a way, which he indicated in the application.
I will not leave the role of the dotrimani rights and the guarantees of the hulks to beat the practitioners law enforcement agencies. As if the spіvrobіtnik of the police, the fact of destroying his posadovyh renovations was revealed by him, so that he could sleep in the early hours.
What is the concern about the validity of the police officer? Vіdpovіdaє for illegal ordering that punishment, as if the stench comes out for between duties again.
Tse can be damaged, committed for the kind of service activity. For them, the wine is vindicated like a townsman. Tse mozhe buti revisiting service re-importance or non-conforming of their service shoes.
For the price of a poor spy, they can be drawn to disciplinary, criminal and material evidence:
The legislator at the Constitution prescribes the rights of a person, for example, there is a right. But for that, so that the stench of the world was finished, it is necessary that the people knew them well.
Only in this time of year you can earn the peace with the necessary guarantees for you. In times of violation of the rights of a person, justice can be restored by turning to a virtuous structure.
The negative attitude of people to the sovereign law enforcement structures, the judicial authorities is rich in what is explained by their nezdatnistyu podladnistyu podladnistyu stirmke malice, as well as including the numerical violation of the rights and freedoms of citizens in their duties. There is an increase in the level of malice, a change in character. I am particularly alarmed by the growing organization of forms of evil, which are victorious methods of criminal terror, like driving in for prayers, health, burying zaruchnikov, etc.
An important function of the judiciary is the defense of the people in the area and the destruction of their rights and freedoms. In a broad sense, the view professional activity, aimed at ensuring the protection of the rights of people in the form of damage and evil, and the protection of rights and legitimate interests of participants in the judiciary, including criminal ones.
Criminal and procedural forms of protection of rights
For additional criminal procedural forms, the following rights are protected: (1) osіb, yakі recognized criminal reinvestigation (under suspicion and accusation); (2) especially, as if they suffered in the form of evil, tobto. quiet, to whom direct or indirect shkodi inflicted malice (victims, civil positives, their representatives); (3) osіb, yakі bear Mine's povidalnіst for zapodіyannya shkodi tolerate (civil vodpovidachіv); (4) other subjects of criminal jurisprudence (if not accused, suspected, tolerated).
On the defense of the rights and freedom of the people of the criminal justice system, there are a lot of norms of the Russian Constitution. The most important role is played by the provisions of Art. 49, in order to establish that the skin of accusations against the guilty is respected by the innocent, the docks of which the guilt will not be brought to the order prescribed by law, it is established by the court, having gained legal force. Accusations from your own and bring your innocence. The burden of proof lies with the prosecutor, the investigator, the person, in order to search for knowledge. Nedotrimannya tsikh could not pull behind him, do justice to the truth of the judgment. The presumption of innocence establishes that inexhaustible doubts in the guilt of an individual slander at the melancholy of the accused. Whether it be a fact or proof, yakі call out inexhaustible sumnіvi, slander at the greed of the accused.
Constitution of the Russian Federation expanded the scope of ship control for the actions that surround constitutional rights and freedom of specialty. Arrest, taken under the ward, morning under the ward, placed under arrest on the mail and telegraph correspondence of the individual, penetrating into the dwelling against the will of the osib, as if living in a new one, could only be on the basis of a court decision. Until the judgment is reached, a person may be charged with the term over 48 years (Art. 22-24). The Constitutional Provisions of the Communist Party of Ukraine Know Their Widgets 2001 Zokrema, accusations (under suspicions), yogo defender and legal representative have the right to file before the court, which costs more, I’m going to order about arrest or about yogo prodovzhennya. The judiciary in such rights is dependent on the participation of the parties, which means the equality of procedural benefits.
At the same time, the new history of Russia knows the examples of normative legal acts of various state bodies, the decree and the President of the Russian Federation, that violate the rights of citizens. March 14, 1994 The Decree of the President of the Russian Federation “On indiscretions to defend the populace against banditry and other manifestations of organized malice” was adopted. Apparently, prior to this act of commerce, that banking secrecy was not allowed to be taken away by the prosecutor's office, internal affairs, tax police, too. according to the order established by them, records and documents about financial and economic activity, including serious mischief at the warehouse of organized mischief groups. So, according to the Decree, until the suspicions and accusations of such malices, as a zapobіzhny zahid, they did not sign a signature about not being seen, bail that outpost. Zatrimannya pіdozryuvanih allowed on lines up to 30 deb.
The names of the decree were diverging from Art. 90 of the Constitution of the Russian Federation, zgіdno z any act of the President of the Russian Federation is not responsible for the superstition of the Constitution of the Russian Federation and federal laws. In 1994 diyav DVK RF, which is such a federal law, which had similar norms. The result of sharp criticism of the Decree of the President of the Russian Federation was yogo skasuvannya by the head of the state.
Svіdomo illegally capturing a hulk, pіd vartu chi tranny pіd vartou, like establishing the Criminal Code of the Russian Federation, є malice against justice (part 2 of article 301), vidpovіdalnіst for yak carry the landlords of the bodies of investigation, front investigation, the prosecutor's office and the courts, if the stench is bad svіdomo vimogi violate the law if you stop the zapobіzhny entry - tremannya under the varta - or else pacify the hulk under the varta according to the lines established by the law without continuing them with the established order. Criminal on the right may have the right to destroy the prosecutor for the skarga of a contagious individual. Vidpovіdalnіst naming osіb can be zastosovana by the court at the result of the examination of criminal justice.
As a matter of fact, in the established order, it was recognized as innocent, or criminally on the right, absolutely blamed for a daily warehouse of evil, or for lack of knowledge of the part of the accused (under suspicion) in the case of evil, guilty rehabilitated. You may also have the right to get used to the entrance to the exit of the beats, the heads of the illegal zastosuvannya of the overlooked entrance.
The Tsivil Code of the Russian Federation Perebach, Shkoda, Perelyan Glumadyaninovi Vnaslіdok illegal bribery of PID Vartu, Vidshkovoov for Rahunovka Skarbniki Federals in the Valnoye Otvosyaz, Neakhoisly Vini Osidovoi Dizhnannaya, Lower Ts. 1070. Vіdshkoduvannyu (turning in kind) is charged: earnings and other labor income, pensions, additional assistance, payment of such bula is attached to the bond from the bribes to the vartu; mine (to that number, pennies were invested, valuable papers, yak were sued from the connection with the accused person, taken under a varta and put under arrest for power). For a long month from the day of the month of the month of the month of the month of the month of the month of the month of the month of the month of the month of the month of the month of war, the man was given a lot of work (settlement). The hour of maturation under the varta is secured to an innocent hulk, like up to a total work experience, so up to the work experience for a specialty 1 Bezlepkin B.T. Sudovo-legal defender of the rights and freedoms of the citizens of the Vidnosins with sovereign bodies and townspeople. M., 1997. S. 32-38..
Significant are the constitutional guarantees of the rights of a person and a hulk to qualified legal assistance, the rights of zatrimanih, aggravated by a vartu, charged with a swindle, at the moment of defamation, a bribe of a vartu, a presentation of an accusation of the Constitution (article 48 of the Russian Federation).
At the development of this constitutional position of the CCP of Ukraine, it is established that a person, as an expert, a prosecutor, and a court of goiter should ensure that the accused is able to be protected by the methods established by law, as well as the protection of their rights. The defender is allowed to participate at the right time at the moment of the presentation of the call, and at the time of the zatrimannya, it is suspected that the zastosuvannya before the new outside entry at the sight of the capture under the vartu - from the moment of the actual zatrimannya. As far as the individual, suspected of scrounging a mischief, zastosovanі іnshi enter the procedural primus chi yogo right-behind and freedom damaged by deeds, connected with yogo criminal reinvestigation, the defendant is allowed to participate in the right cob zdіysnenny tsikh dіhіv. In the right, for which no investigation was carried out beforehand, the defendant is allowed to be admitted to the court before his prosecution (Articles 19, 47 of the CCP of Ukraine).
The fate of a lawyer (zahisnik) on early stages the criminal process can complicate the investigation, but can also ensure the conduct of the follow-up to the law. The right to zakhist, to M.V. Bagla, pokhіdno vіd the right to freedom, oskolki sensu zahistu polgaє at the attainment of freedom of the people. Therefore, a more detailed regulation of such a right is established with the method of giving people the maximum opportunity to prove their rightness, to change their innocence.
Important guarantees for the protection of the rights of citizens from the criminal process constitutional fence First of all, on the basis of proof, otrimanih z violating the federal law, in a different way, the fence of re-conviction for those same evils (Article 50 of the Constitution of the Russian Federation). The first fence means that you have to prove that you have violated the law, are recognized as such that you can’t afford legal force and can’t be put into the basis of the call, as well as victorious to bring the evil, the guilt of the accused, the nature of the evil, the guilt of the accused, the nature of that . (Art. 69 CPC of Ukraine).
Another of the formulations in Art. 50 of the Constitution of the fence means that the crime on the right against the hulk cannot be destroyed, but it is destroyed on the right to pin it, as if the person was already judged for it by the accusations and the court vinis virok or having pinned on the right.
Qia article of the Constitution of the Russian Federation is also to say that the skin of convictions for mischief may right to review greater court, and to gain the right to ask for pardon and pardon. Pereglyad was handed over to the Communist Party of Ukraine as a guarantee against court pardons.
Civil-procedural form of defense of rights
Defend the rights and freedoms of the people of the community constitutional principle of immunity of certificates, fastenings at Art. 51 of the Constitution of the Russian Federation: no one is guilty of testifying against himself, his person and close relatives, many of whom are designated by federal law. The CCP of Ukraine includes such relatives, fathers, children, brothers and sisters, adopters and adoptions, grandfathers, grandmothers, onukivs, and people.
After being praised by the CPC of Ukraine in 2001 A lot of principles and norms of the Constitution, which establish the main provisions in the protection of the fundamental rights and freedoms of a person and a citizen in criminal justice, were taken away in a new development. At the same time, a lot of non-violent problems were left behind, as the legislators and law enforcement agencies may be violating.
The right to defend is also defined by a set of norms of civil substantive and procedural law. The list of methods for defending civil characters is to be avenged in Art. 12 of the Central Committee of Ukraine and includes, among other things, the recognition of a non-legal act of a sovereign body or a body of a militant self-regulation, a blow-out of beats, compensation for moral damage and others. Vіdpovіdno pіdvіdomchostі prava vstanovanі ї tsivіlno- procedural legislation, zahist civil rights zdіysnyuє court.
The courts are entitled to judge disputes that are blamed on civil, family, residential, land, labor legal rights, some types of administrative-legal certificates, that judge a special case (DPK RF). Celebrate any disputes related to the defense and protection of the constitutional rights of the citizens, as they are looked upon in the order of civil judiciary, they are called civil rights.
Among civil rights, the most important place to sit the right to volunteer, and most in an efficient way yogo zakhistu is a judge zakhist. The greatest expansion of violations of Maynov's rights is the destruction of contractual agreements, for those who do not have the right to goiter, they are drawn to an agreement with them. Citizens of the city, call for the restoration of violations of the rights to lie within the competence of civil justice, the task of which is the restoration of violations of the rights of the path of complete and objective consideration of civil rights.
The subjects of civil-procedural acts can be the citizens of Russia, foreigners (zocrema individuals, may be sub-violent enormity), individuals without enormity, and navit juridical.
Crime of civil law disputes in the order of civil litigation are Acts of the category of rights that are blamed on administrative and legal documents, yakі the law vіdnesenі to the ship's pіdvіdomchostі So, the court considers the inquiries about this administrative offense, yak: destruction of the viborchih rights of the bulk; violation of legislation on freedom of conscience, freedom of religion and on religious association; violation of the legislation on the right to work and about the protection of work; illegally for the adoption (adoption) of a child, the transfer of її pіd opіku (pikluvannya) or to the adoptive family; violation of legislation on gatherings, rallies, demonstrations, go and picket; vіdmova at the nadnі gromadyanu іnformatsії; primus to participate or to participate in the strike; non-payment on a free basis of services for the funeral, non-payment of social assistance for the funeral; violation of the rights of the disabled in the workforce and employment; violating the legislation that transfers visions in car parks to special motor transportіnvalidіv (Art. 5.1-5.26, Part 2, Art. 5.27, Art. 5.37-5.43 of the Code of Administrative Offenses of the Russian Federation).
The courts can also look at individual work super girls for the applications of the practitioner, the robotic provider of the vocational training, which protects the interests of the practitioner, if the stench is not suitable for the decisions of the commission on labor disputes, as well as for the application of the prosecutor, as the decision of the commission on labor disputes is not consistent with the laws and regulations. Judges can also look at individual labor disputes for applications: practice - about renewal on a job independently, subject to signing an employment contract, about transferring to another job, about paying for expulsions absenteeism; robot delivery - about the birth of a shkodi worker, a well-known organization; as well as individual labor disputes about recruitment; osіb, yaki practice for employment contract for robots - physical osib, that osib, yakі vvazhayut that the stench recognized discrimination (Article 391 of the Labor Code of the Russian Federation).
The ship’s defender is given special non-maintenance rights and benefits, under which it is understood that they are protected by the law, indispensable in the form of a person of goodness and freedom, like an economic benefit. Tse rights and freedoms, which lie with people from the people, - for life and health, honor and goodness, special nedorcannist, special family taєmnitsyu, private life, protection of a business reputation, as well as a group of fundamental rights that the citizens should have through the law - freedom of change, choice of place of residence, enlightenment, copyright non-main rights, etc.
Contribute to the defense of the intangible benefits of life, but the stench will repeat one method - the prevention of the restoration of violated rights. When the rights and freedoms of the intangible nature are violated, the stench is forced to be renewed independently of the fault of the offender. For whom is the essence of the civil and legal protection of non-material goods.
The legislator bases for the establishment of civil law entry into the judicial defense of honor and dignity of the specialty establish the rules fixed at Art. 151, 152 and 1099-1101 DK RF. The gromadyan may have the right to sue in the court of prostuvannya of statements, which to slander his honor, goodness, or business reputation, as if he had expanded such statements, not bringing the stink to the stench of action.
Vykhodyachi from the analysis of criminal procedural legislation, let us state that in the criminal process, judicial defense is realized at all stages.
First of all, it includes the defender of the rights of the hulks, ruined by wickedness. Peredbachene at the station. 8 Global Declaration of Human Rights Effective recognition of skin rights by the competent national courts in case of damage is irrespective of the nature of the impairment and the degree of severity of the consequences. For this sense, the judicial defense is realized in the criminal process the same way, as in the civil process, in the same ways and in the same procedural forms. The court, by its accusatory judgment, recognizes the rights of the victim, awarding the wine from the drunken shkoda to the blows, compensating the moral shkoda, reinforcing, as it is possible, the camp, as it was to the destruction of the rights (turning the rights), usuvaenya zagrodene .
In another way, the judge's defender guarantees the right to skin buti in the event of an ungrounded ringing (under suspicion) in the case of a mischief. “The skin of accusations against a guilty person may have the right to be taken in by an innocent doty, the docks of this guilt will not be established by the lawful order of a vowel judicial review, for which you will be taken care of all the possibilities for a zakhist. No one can be sued for malice on the basis of scourge of any kind of deed, or for idleness, as if at the hour of їх scoєnnya did not become malice for national laws and international law. It is also impossible to impose a heavier punishment, lower than those that could have been stopped at that hour, if the evils were taken away ”(Article II of the Declaration of Human Rights). Realizing its power of renewal, the court will establish a fault in the actions of the accused, the evidence of the accusation, praising the truthful virok, ensuring the defense of the rights of the person. So the court itself protects the rights of the accused, setting a lesser, lowering the bodies of criminal investigation, steps of guilt, zastosovuyuchi the law on less serious mischief and assigning it justly, tobto. proportionate, punishment.
Thirdly, they give rights and freedoms to the court defender, ungrounded by the very court power: or the situation is new, or the situation has been revealed again without interfering with the obviousness of the ship’s pardon, then the person who has suffered punishment as a result of such a sentence, will take compensation from the law, if it is not brought that the situation was not appointed, the situation was not in its hour often blame." (Clause 6, Article 14 of the Covenant on Public and Political Rights). The independence of the ship's authority includes, as it were, the induction of the functions of these bodies, and the possibility of claiming the actions taken by them. The pardon of the ship's authority may be corrected only by the ship's authority. Correction of court pardons is guaranteed by the presence in the criminal process of special control stages: cassation, visualization and review of rights for innovations.
Fourthly, the ship's defender is given right-handed freedom, the damage is not primed, the border is not primed for the hour of the front investigation, the stones are clear to the station. 9 The common declaration of a person “no one can make a sufficient arrest, zatrimannya chi vignannya”, and a skin, who, having become a victim of an illegal arrest, or a zatrimannya, may have the right to compensation (part 5 of article 5 of the European Convention on the protection of human rights and fundamental freedoms). Article 17 establishes the Covenant on Community and Political Rights, that “no one can recognize a sufficient amount of illegal employment from a special police officer family life, suffice it for illegal encroachments on the nedorcannist yogo life chi conceal yogo correspondence and illegal encroachments on yogo honor and reputation. The skin of a person has the right to defend the law in view of such vtruchannya chi such zazihans.
In the Russian Federation, the order of establishing justice has historically been formed, with any initiative for criminal re-investigation and protection of the victim to lie exclusively with the sovereign authorities, and the activity of the victim himself is minimized. The person, zatsіkavlena at zahistі (sufferers), є іnіtіtіlіl іnіtіtії іnіtіtії іnіtіtії v іnіtіtієy vіdno kobіzmіm yumenіzmu judiciary, prote away yоgo funktіonuvannya pіdtrimuyut that kontrolіyut organ, vіdpоvіdalnі іnіnіdіnі dо vаdzhennia іn criminal justice. V.A. Lazarev writes not unfailingly that the judge’s defense of the victim is no longer right to look at the yogo scarga. Pravozastosovna practice to note about the lack of protection of the procedural figure of the victim, moreover, procedural inactivity is the main blocking factor in the functioning of the mechanism of court defense. Therefore, the procedural activity of the victim needs to be expanded in a way:
At the same time, the expansion of the activity of the procedural figure of the victim can only allow the material and legal aspect of the problem of judicial protection, but the oskolki zakryplennya in the legislation of the victim’s additional possibilities for participation in the process of the victim does not guarantee successful implementation Without the creation of a really orderly mechanism for securing the right to a judicial defense, it is impossible to speak about the effectiveness of this institute.
The mechanism for the implementation of the right of the victim to the judicial defense is used by the mixed minds for the victim and given to him by special benefits, vicorist, like wines, takes away the real possibility of exercising his right to the judicial defense. The theoretical sense of such a mechanism has a positive effect on the creation of a legal mind, we tolerate it, on the one hand, and the investigator, the investigator, the prosecutor and the court - on the other hand. For these victims, they represent and circumstance their subjective interest, and the sovereign bodies of the townspeople of the Crimea, the realization of their public interests, ensured the effectiveness of the victim’s activity by defending his rights. The task of functioning of the mechanism of the ship defense is as follows:
Successful vikonannya tsikh zavdan, in our opinion, without a middle
to lie in the security of minds for the best-seeing, deep and qualified sight of the victim of a court defender, the promotion of a viable error, the guilt of the damaged rights.
In order to optimize the uninterrupted activity of detectives, investigators, prosecutors and judges and the correctness of the decisions they made, it was necessary to organize the institute of federal judges from the function of control. Tsya proposition is true, shards of the judicial control over the actions of the posadovyh osib at the hour of the conduct of the skarga, it is necessary to improve the position of the applicant, to ensure one’s own responsibility and the objectivity of looking at the skarga. At first glance, the duplication by the court of the function of the prosecutor's eye is observed, but at a respectful glance, it looks otherwise. So, for example, M. Shalumov vvazha, that the judicial authorities and the prosecutor's office can successfully mutually and implement the principle of legality most fully through the recognition and recognition of the method of activity of these law enforcement agencies. Being an initiative body, the prosecutor has the right to bring before the court with filings about violations, supplementing the work of the court according to the regime of legality. At the Zv'yazka Zim Vyazhamo, the specialized sodovic organized organs, the Jacques of the Sudovy control, the rosamis of the organs of the prosecutor’s organs are in the other than the dererion of the regime of the legal, the functioning of the functioning of the legal.
on present moment judicial control is a complex institute of judicial protection of the right and freedom of the people. Judicial defender of the rights and freedom of the people and the hulk, with his dignity, stands as an institution of constitutional law, he represents a legal mechanism, with the help of which the power can secure the rights and freedom of the people and the hulk, enshrined in the Constitution of the Russian Federation. Otzhe, the mechanism of defending the rights and freedom of the people of exclamations to enforce the legal protection of the citizens, in accordance with international standards. Therefore, the development of that formation of judicial control, as a form of judicial protection of the rights and freedom of the people, acts as a necessary and necessary mechanism. Nevipadkovo, the legislator added respect not to the article-by-article basis of the criminal process, but to the part of the part: pre-trial and judicial proceedings. Seeing the dosudovoe provadzhennya at independent part process, especially having respect for the judicial control of this part of the judiciary, in order to secure legal access to justice.
The directness of the activity of subjects - participants in the judiciary is now recognized as the day and time of the criminal and procedural functions. The function of superiority in criminal judiciary is reasonable to take a look at judicial control, otherwise, from the standpoint of the constitutional function of judicial defense.
The main function of the court, as a body of ship power, is right protection, in a broad sense, if the object of protection is the rights of freedom, the law and the Constitution of the Russian Federation as independent social values. The way to implement the ship's power and justice. Henceforth, the court authority realizes to itself in the criminal process in the form of justice in the supreme understanding and in the form of judicial control over the rights of participants in the criminal process in the pre-trial proceedings.
Chi can you wait with V.A. Lazareva, as you know, that the only form of implementation of the court power is acting justice, the shards of the court power are recognized as the blame for the emergence of a conflict of a legal nature, which is blamed in the court. Judicial authority in the order of the judiciary has the function of sovereign judicial control. Particularly clearly, such a functional recognition of the court's power is manifested at the stage of slander of the criminal authorities
N.G. Muratov, it is primed that the CCP of Ukraine clearly defines the subject and form of ship control in pre-trial conduct and reveals three keys directly to defending the rights of people for the help of ship power.
First, a list of similar and procedural cases is given, which are due for the presence of a court decision (to inform the court about the conduct of the necessary cases of such cases for the duration of the decision of the court about it).
In another way, the subject of the skarg and the klopotan of the participants in the criminal process was appointed.
Thirdly, a procedural mechanism for reviewing skarg and klopotan was appointed, as well as the permission to carry out the next step.
In the case of a court review, the court’s judgment was judged to be correct, in essence it was related to the dispute about the law, and the conclusion to the dispute of the parties about the right to exchange the constitutional rights of the community is superb about the presence of factual and legal evidence. Їhnya otsіnka that perevіrka - konstitutsіyny obov'yazok court. The result of such control is the culpability of a slanderous obov'yazkovy, secured by the primus force of the power of the judicial act (decision) as a result of a specific legal superechka (conflict).
When examining the problem of viability of guilt for violation of the rights of that utiska of the interests of the victim, two groups of errors can be seen, which served as a basis for the prosecution of the defendant before the court:
Якщо у першому випадку інтерес кримінального переслідування та функціонування механізму захисту потерпілого підтримують і потерпілий, і державні органи, і посадові особи, оскільки приватний та публічний інтереси тут за змістом самого кримінального переслідування максимально збігаються, то при розгляді другого варіанта, де права та інтереси потерпілого обмежуються . posadovoy special (for example, when provadzhennі slidchoї dії), mi stikaєmosya іz protirіchchiam іzh privіlієmієmosya vіzh vіzh іnteresom vіzh vіdnego і nebazhannyam іnvachіv, sіdchih, prokurіv і suddіv vyznavaty their fault in the grip of the rights of the victim. The posadova person, from one side, goiter, guarantees the injured person the realization of his rights, from the other side, attract the guilty person to the point of fullness, for an hour she is out herself. The main organs of that individual, who are viable for control over the rule of law in the case of criminal justice and building, are attracted to the viability of the offender in a similar situation, as practice shows, it is not necessary to shy away actively, assigning symbolic punishment to other residents.
The practice is to note: the most extensive damage to the side of the township’s osib є: damage to the detective, investigator, prosecutor, the line s accepting that re-verification of information about the stinging or evil people that are getting ready; porushennya judge line rasglyadu skarg on legality, obґruntovanіst dіy (nezdіyalnostі) dіznavacha, sіdchogo procurator; damage to recognize or follow the line sent a copy of the decision about the court to the damaged criminal justice; not being told in the order of the day about the victim of the victim, the hour, the quality of the victim and others. In most cases, damage caused by a drive for oskarzhennya will endure diy (lack of idleness) and the solution of gardening issues.
The attraction of signs, similar and other planting features to "symbolic" validity does not diminish these features in the form of new damage. To that, about the zabіgannya like the right-handed people, you can’t buti movi. It is necessary to improve the viability of the landowner's rights with the introduction of the Criminal Code of the Russian Federation to the warehouse of the malice "Rough damage to the rights and legitimate interests of the participants in the criminal judiciary by the landowner, vidpovidalnym for the conduct of the criminal justice." In addition, the next to make changes to art. 20 CPC of Ukraine, Vidnіssshi warehouse to the Hard of Private-Blood Zvinuvachennya, Zkilki, Vorravychi of the right of a humble participant in the shipping, Vinna, not infringed on the privilege of a particular person, the school-owned fraud.
With the enforcement of judicial protection of the rights and freedom of the people and the control activity at the early stages of the criminal rights of the courts, the authorities do not violate the power of the jurisdiction of other procedural actions. The court considers them exclusively from the position of law and compliance with their law.
The next day is to designate the number of days of one day for assessing the duty of the court for the hour of the court hearing at the early stages of the judicial system. The low authors of the court evaluate it as one of the forms of the creation of justice. So,
Z.T. Chedzhimov is absolutely right to swindle the pre-trial proceedings: "... judicial control has become a warehouse procedural procedure for investigation and a special form of the creation of justice." If the court allowed the court to carry out a few procedural actions, then the stench “was at the form to avenge the elements of justice”.
Such a glance is perceived by V.A. Lazareva: “... the criminal investigation should be carried out daily at the stage of the court review, the repeated review of them by the court is another instance of the visual authority, the court should recognize the court hearing and the judicial control over the acts of the previous trial, justly. forms (methods) of yoga creation”.
It is unlikely that the nature of the judicial authorities can be clearly identified when looking at the essence at different stages of jurisprudence in criminal justice, where the court rightly establishes justice and judicial control over the acts of the subsequent investigation. It is characteristic that the adherents of such an approach recognize by the courts the order of justice and judicial control, evaluating it as a form or a way to create justice. Chi tse is grounded, shards of judicial control are not a form of judiciary, but an independent organizational and legal form of judiciary rule.
Argumented by N.M. Chepur-noi, as a way of looking at the renewal of courts in respect of court control over acts of forward investigation, as an independent organizational and legal form of the establishment of ship power - ship control. Such a child to know the support and from the side of other scientists and practitioners. In the literature, it has been repeatedly stated that the court's power is realized after the completion of the investigation, and at the pre-ship stages, in view of the ship's control.
This approach is also supported by V.A. Azarov and I.Yu. Tarichko. The stench is important that it is more true to discriminate, the order of the function of the establishment of justice, the independent criminal procedural function of the court control over the activities of the bodies of criminal re-investigation, which may have its own subject and the meta- logical zdіyсnієy, including the criminal proceedings. The constant growth of the legal potential of the function of judicial control gives rise to the need to assign a function to the functional characteristics of criminal jurisprudence, which calls for urgent need for the use of other functions, as well as the functions of the prosecutor's visual control of the procedural procedural. In addition, in my opinion, the function of judicial control over the activity of criminal investigation bodies and the function of justice may be "attributes of the criminal procedural function".
The legislator has established the ability of an individual to pursue a judicial zahist at the early stages of provadzhennia from the criminal rights, transferred by criminal procedural legislation, directing to strengthening the legal role of the judiciary in order to ensure the protection of the rights and freedoms of a person and a hulk.
As a way to show a comprehensive analysis of various data - sociological studies, established ship practice, expert opinion of judges, "the court defended the rights and freedom of the citizens, the efficiency of which is impossible to satisfy the needs of the citizens, and the powers" . V.P. Kashe-pov name the reason: the system of courts, judicial procedures, far from always allow people to win over the Constitution of the Russian Federation the right to bring before the court for the defense of their rights.
The pantanny of the ship's bore of the rights of the people of the people of the people of the criminal navigation is to be excited from the center of respect of the very - for the All -Table Vivchenna of the Problems of the Wire Virishnnya, the Wiroblainnya Skodoi Great Guarantees of the Superior of the Crane of the Rights of the Course
На основі проведеного дослідження можна зробити висновок про те, що судовий захист у кримінальному судочинстві являє собою багатоаспектну (багатофункціональну) кримінально-процесуальну діяльність органів судової влади у встановлених законом процесуальних формах, спрямовану на забезпечення доступу до правосуддя та відновлення порушених прав та законних інтересів особи під an hour of spending time at the criminal center.
Krym legislator zakriplennya great role of the formation of the institution of judicial defense in criminal judiciary of the Constitutional Court of the Russian Federation. Vіn having secured the judicial protection of the rights of an individual from criminal rights and the exclusion from criminal legislation of rich non-democratic forms of procedural control: the destruction of criminal law by the court on the ruling court; turn to the court on the additional investigation; razglyad criminal ї consult with different prosecutors in the case of sovereign charges.
Judicial control starts from the beginning of the stage, as only a few are supposed to show that under the hour of criminal justice can be exchanged for constitutional rights and freedom. Judicial control can zdіysnyuvatisya as for the troubles of osib, yakі zdіysnyuyut reverification of primary information about malices, so і for skarg osіb, yakі vvazhuyut their rights by violating. From the first stage, one starts activities and the right to a court defence, and a judicial defense against criminal justice.
It is necessary for the criminal process to exercise the right to judicial defense and the method of criminal investigation, the collection and consolidation of evidence, and the undisclosed secret investigation. At zv'yazku z tsim nebhіdne stanovlennja pіdstav, scho allow oskarzhennya before the court of illegal dіy ta rіshen: fringe constitutional rights of citizens, oskarzhennya illegal dіy pіd h zastosuvannya zastosuvannya procedural primus, holding sіdchih. In law enforcement practice, it is said that they can be insulted and so that they make it easier to get access to justice.
The Institute of Judicial Litigation is one of the most important achievements in the sphere of legal rights and legal interests of an individual in the sphere of criminal justice. Vіn otrimav its cob rozvitok at the borders of the decision of the Constitutional Court of the Russian Federation and the first confirmation of the goal. 16 new PDA of Ukraine.
However, the new criminal procedural law did not violate the good practice of law enforcement practice under the hour of implementation of the said right by participants in criminal justice. There is a lack of information about the form of oskarzhennya procedural dіy (non-dialnostі) and the decision of the landowners, yakі zdіysnyuyut provadzhennya at the criminal right; about the subjects, that line of oskarzhennya that razglyadu skarg; about the active role of the court pіd hour razglyadu skarg that usunennya allowances violate the law; about the subject of the oskarzhennya, about the scho, the zocrema, to certify the decision of the Constitutional Court of the Russian Federation dated December 8, 2003. No. 18-P, which explains the admissibility of an oskarzhennia in the cassation order of the decision brought to the court about the confirmation of the right to the right. If so, the court practice shows that the innocence of the names of food does not go to court for the defense of their rights and legitimate interests, and the court acts as a real guarantee of that defense, wanting to pratsyuvati be brought to the folding minds, zapovnyuyuchi defying the law. practical work that zastosovuuchi law for analogy.
To hang out, the one to the people who were found criminal-procedural ions, the guarantor of the right of the right of the right of the rights of the people of the people of the world, the votes of the yak principle of the criminal navigation (19 PDAs of Ukraine) ry reality from the standpoint of improving the legislature and law enforcement practice to the court, the prosecutor's office and the bodies of forward investigation.
Require usunennia rozbіzhnosti from tlumachenny criminal procedural law of the provision, scho regulate the filing of skarga before the court in the order of Art. 125 of the Code of Civil Procedure of Ukraine and the specification of the process for the category of ship's ships.
Judicial defender of constitutional rights, freedoms and legitimate interests of people and citizens in the criminal process transferring judicial control in various forms of it:
The functional significance of the court is characterized by the fact that Art. 15 and 243 of the CCP of Ukraine, the court is not a body of criminal investigation and does not act on the side of the call, or a defense; vyrishyuchi zavdannya, at the same time I create vykonnannya by the parties of their procedural obov'yazkіv and zdiyasnennya nadannyh їm rights.
Judicial procedure for reviewing skarg shkodo zatremannya and arrest suspected by them of the accused, give oskarzhit tremanny under vartoy already during the period of zatrimanya of the individual as suspected to її arrest.
Система судового контролю у кримінальному судочинстві, будучи багатоаспектним поняттям, фокусує в собі сплетення різних суспільно-соціальних проблем і свідчить про їх важливість, складність і водночас необхідність подальшого формування нових ідей, поглядів, підходів до реалізації судової влади в кримінальній юстиції та її перспективах у daily suspense. The accessibility of the ship's power is the success of a showcase of democracy, equal legal culture and legal awareness of the bulk of the people.
Слід погодитися з оцінкою, даною Рябковою О.В., що судовий контроль за проведенням слідчих дій та рішень прокурора, органів попереднього розслідування, обмеження конституційних прав і свобод громадян у кримінальному процесі РФ – специфічна кримінально-процесуальна діяльність, спрямована на забезпечення дотримання у кримінальному processes of constitutional rights and freedoms of participants in the process, preventing their violations, reinstatement illegally and (or) ungrounded violations of constitutional rights.
The power of the role of the court under the hour of the judicial defense of the criminal judiciary is debatable. In the literature, propositions are introduced about the creation of a special court system in the view of the apparatus of the next judges, there is a perfect diet, that there are restrictions on the constitutional rights of the citizens, directly peredbachenih Art. 22, 23, 25 of the Constitution of the Russian Federation.
There is a thought about those who decide about the destruction of the criminal justice, and about the abducted person as an accused not guilty, but be the subject of a court review in the order of Art. 125 of the CCP of Ukraine, oskіlki in the form of procedural irregularity in the second article of the term allow suffering from scarg suffer, yakі vsuperech h. 1 tbsp. 6 CPC of Ukraine is impossible to take away the sovereign defense and reinforce its rights and legitimate interests.
Insanely, the legislator fixed the order of judicial protection of rights and freedoms completely, at the same time the practice confirms that at the pre-trial stages of the criminal process, the procedure for oskarzhennya decision and dіy (lack of idleness) arranging the investigation in a fiendish way
The legislator's initiative for the rest of the year was directed to the expansion of the inter-calculation decision and the diy (non-sufficiency) of the organization of the investigation of the hour of the ship's conduct. So, the Constitution of the Russian Federation of 1993. it was appointed a new approach to the right of the citizens to the judicial defense against illegal actions of authorities and other townsmen. Vіdpovіdno up to tsikh pіdkhoіv expanded the subject of skarga, which hung from the recognized right to the oskarzhennya decision about the violation of the criminal law, about the fraud, skasuvannya or change of the outside entry. The Constitution of the Russian Federation has expanded a number of subjects that have the right to swindle. None of them have the right to be like participants in the process, and others are zatsіkavlenі individuals, whose rightful and legitimate interests have come across as decisions of the bodies of the foregoing investigation.
Vodnochas in legislative acts Vinyl low protirіch procedural character, scho oskazhennya before the court decision and diy organіv investigation. The new CCP does not regulate the mechanism for the filing of skarg, it does not change the terms for skarg. P.A. Lupinska is charged with respect, that she praised the court, which may have the right to look at the scarga on the dividing line, taken at the stages of pre-trial proceedings, may guard the need to ensure the sight of the scarga at the reasonable line, the possibility of participating in it.
Organizational-legal form of sdiyasnennya judicial defense of the criminal process at the early stages of conducting recognition and forward investigation - judicial control over the decisions and actions of bodies of frontal investigation.
In the literature, one sees an extraordinary (ordinary) judicial control, which is carried out at the stage of the judicial investigation, and that extraordinary (non-random, operational) judicial control at the stage of forward investigation. According to the relation to the main - sizable ship control - an extraordinary private, additional, legal security character and the natural world does not replace the sizable ship control.
The procedural regulation of the judicial defense of the criminal judiciary and yogo organizational security has a shortfall.
In the course of pre-trial proceedings, the subject of oskarzhennya in the court procedure is two types of decisions of the authorities of the forward investigation. The first group - the decision, the punishment of which was directly transferred to the CCP of Ukraine: the decision of the detective, the investigator, the prosecutor about the violation of the criminal justice (part 1, article 125, part 5, article 148 of the CCP of Ukraine) and about the imposition of criminal justice (ch. 1 article 125 of the CCP of Ukraine). Before the court, a scarga can be filed and the court is informed about the mischief (part 5, article 144 of the CCP of Ukraine).
Another group is made up of the other group (non-sufficiency) of the settlements of the townships, which will make it easier for the criminal right, as a building to undermine the constitutional rights and freedoms of the participants in the criminal judiciary, or make it difficult for the citizens to access the justice system. The non-significance of the category dіy (lack of idleness) and the decision of the appointee, the judge, the prosecutor create difficulties like the bulk, and at the court.
Based on the position of the Constitutional Court and Part 2 of Art. 46 of the Constitution of the Russian Federation, following the development of visnovok, that the participants in the criminal process have the right to sue before the court, whether it be the same decision of the bodies of the preliminary investigation, that they stand for their rightful freedom and require a negai reguvannya.
On the other hand, the bodies of the preliminary investigation can bring the scarga to the court not only if they are participants in the criminal process, but also other individuals, both physical and legal, if they do not take part in the investigation without delay, as if they have the right to extrajudicial freedom.
Law enforcement practice shows that under other persons, the interests of those are without intermediary zachіpayutsya oskarzhuvannymi deya (lack of idleness) and decisions, the court of reason:
Similar roz'yasnennya can be seen in okremih methodical recommendations, specially rozroblenih for judges, yak rozglyadyat skargi in the order of art. 125 of the CCP of Ukraine, or in key statements to the Supreme Court of the Russian Federation.
Кримінально-процесуальний закон ніяк не обмежує кінцевий термін оскарження, що створює серйозні труднощі для належного розгляду та вирішення скарги, оскільки після часу втрачаються докази (наприклад, для перевірки відмови у порушенні кримінальної справи), виникають складнощі з пошуком особи, чиї дії оскаржуються, закінчуються terms of attraction to vіdpovіdalnostі toshcho. At the link with the cim, the CPC of Ukraine may have introduced a provision that regulates the term of animal husbandry on the procedural decision of the bodies of forward investigation.
Pravozastosovna practice shows that for the songs of the situation, the judges instruct the adoptive skarg, regardless of those that Art. 125 The CPC of Ukraine does not forward such a decision to the court. To bring judges to such a sanction of skarg in the presence of criminal procedural law, even if they have a non-specified look, singing minds, dotrimannya such obov'yazkovim when filing skarga.
For zmist st. 46-52, 118, 120 and 123 of the Constitution of the Russian Federation and its correspondent Art. 6 and 13 of the Convention on defending the rights of a person and fundamental freedoms, the court, as an organ of justice, to be safe from the judicial review, could not, the necessary guilt of the just, tobto. lawful, grounded and fair, the right decision to live in until the usunennya pereskodzhayuchih tsyom obstavin, and then, vіn may be endowed with the criminal procedural law and other changes. And if not, then security in a proper obsyasi of the right to a judicial defense would be impossible.
However, not all provisions of the criminal procedural law allow to effectively sue charges on courts of bindings at a glance. So, demand a revision of the lines, a review of the scarga in court; it is necessary to regulate the power of the authorities of the preliminary investigation and the prosecutor required documents for a diligent look at the scarga and accepting a just decision, whatever it is, as well as participating in the court session of other judges; next detail regulate the very procedure of conducting a court session in the order of Art. 125 CPC of Ukraine and possible options for judicial decisions based on the results of looking at the scarga.
From the other side, Art. Art. 124 of the CCP of Ukraine, as if indirectly transferring the prosecutor's ability to demand additional materials, necessary revisions of the scarga. At the criminal-procedural law, I know to know the norm, zgіdu with an anxle of organizing that prosecutor, yaki renounced Skargu, Zobovy яза ї ї to the court with the clarifies of the derivatives, and they are inhabited by the legalist
Require clarification of the power of activity to the court when looking at the scarg in the order of Art. 125 Communist Party of Ukraine. Complying with the principle of solemnity, obliging the enforcement of legality and legitimacy of the adopted decisions and actions to be carried out, and on the contrary - their illegality and non-priming, lie, obviously, on the prosecutor and the applicant (defendant, representative).
Vidpovidno up to part 5 of Art. 125 of the CPC of Ukraine, based on the results of the review of the skarga, the court shall issue one of the following rulings: 1) about the recognition of diy (lack of idleness) or the decision of a viable planting individual to be illegal or not primed, and about її obov'yazok, to admit damage; 2) about the excess of scarga without satisfaction.
Law enforcement practice has lapses, if after the collection of the legal force of the court ruling on the recognition of the ruling of the investigator (prosecutor) as illegal, the ruling is not enforced.
Recognizing the decision, the decision as illegal and ungrounded, the court is guilty of casuing it, indicating the authority on which control over the court decision is supposed to be, as well as the necessary actions, which may be taken to enforce violations of the applicant’s rights and other, if any, lines of infringement for the correction of pardons. All this may be in the criminal procedural law. The institute of defamation of procedural rights may act as a necessary guarantee of the legitimate interests of individuals, as they reach the sphere of criminal rights.
Кримінальне судочинство забезпечує захист матеріальних та процесуальних прав не тільки потерпілим, які безпосередньо звертаються до компетентних органів із заявою про скоєння злочину, та особам, які обвинувачуються або підозрюються у скоєнні злочинів, а й усім громадянам, які залучаються до процесуальної діяльності безвідносно до їх ролі у criminal process at any stage of criminal justice.
A special specificity is the right to defend, nadan individuals, accusations or suspicions of swindling a mischief.
It should be noted that the right of the accused to defend is not the same as the right to defend the judge. The right to defend against an accusation, which is viewed in material terms, as the right to defend against an unjustified trial, the right to be corrected by a court, or on a fair trial, insanely, are slandered by the material understanding of a court trial. However, the procedural sensi has the right to defend the inter-judicial defense, the shards include those rights, such as accusations especially, or for the help of his defender, in the pre-trial stages investigation). In the rest of the day, the right of the accused to zahist can be looked at like a warehouse of a ship’s zahist, shards in times of damage will be confirmed by the court.
Підняття судового захисту на висоту принципового положення забезпечує її непорушність, властиву принципам кримінального судочинства, і є єдиною гарантією, за допомогою якої можна змусити судову систему захищати насамперед права і свободи громадян, а не інтереси держави, що ототожнюються органами, які здійснюють кримінальне переслідування, із powerful interests.
Otzhe, the protection of the rights and freedom of participants in criminal justice, their defense, the defense of the accused and suspected, the judge's defense of the defendant, even if they want to tell you exactly, but also understand.
Defendant, among that number of judges, the rights and freedoms of a person and a hulk can have a criminal process directly in the form of realization, in connection with which you can blame the information about the establishment of the priority of interests. Whose rights and freedom may be protected against us - the accused victim? The right of the accused to zahist long hour was seen in the vіtchiznіy science as a priority direct criminal procedural activity, to which the practice of the most important scientists was assigned
Lecture 6
(4 years old)
1. Defender of the rights of a person and a hunker in criminal justice.
2. Defender of the rights and freedom of the people and the hulk to the order of the civil judiciary.
3. Administrative judiciary and defense of the rights of the people.
4. The role of the prosecutor's view of the pretrial rights and freedoms of a person and a hulk.
At international law (Article 8 of the Declaration of the Rights of a Person, paragraph 1 of Article 6 of the European Convention on the Protection of Human Rights and Fundamental Freedoms), the judicial defense is understood as an effective confirmation of rights by an independent court on the basis of a fair judicial review, which transfers security of rights On the other hand, the number of given them sufficient procedural rights for defending their interests in the event of all procedural actions, the result of which may be important for the determination of the rights of that obov'yazkiv.
The Constitution of the Russian Federation guarantees the right to judicial protection of rights and freedom (Article 46).
The right to judicial defense in the sphere of criminal justice conveying the presence of specific organizational minds and procedural guarantees, which would allow the implementation of yoga in full obligation and ensuring the effective enforcement of rights for the help of victorious methods of justice, which are supposed to be fair. The State accepts the guilt of the goiter and defends any subject of the criminal procedural law. The right to Zachist Maj Boti is Zelevnovani, not the same as a clear Zvinuvachennya, but the SPIVROTYNIKOVI Znovanchi, and such a victim, svydki, Zakhisniki, the same, to the Slizhiye, and the same. in the face of a threat of violence, with a method to plunge into their position, in the face of a melancholy.
Apparently, the main social function of criminal jurisprudence is the organization of that state-controlled anti-malice. legal basis against malignity, a complex of norms of criminal and criminal procedural law is formed, which implements their protective cob in the conducted criminal and legal policy of the state. Suspіlnі vydnosiny, scho folded at tsomu, mizh special, as if committing malicious encroachment, and by the organs of the state, the establishment of legal forms, which signify the renewal of that obligation of the state organs and the townships in the sphere of anti-maliciousness.
The system of cih vіdnosin to become the subject of that zmіst of criminal procedural regulation. Yogo social and legal recognition polagaє, persh for everything, at the expense of rights and legitimate interests of organizations, yak suffered in spite of evil. Tsіy pravozahisnіy metі є nadannya osobі, yak suffered due to malice, procedural rights of the party, expansion and development of a complex of legal guarantees for the victim. The activities of the criminal investigation bodies can be directly directed to security, protection of the rights and legitimate interests of the injured person. Therefore, the main recognition of criminal jurisprudence favors the sovereign defense of the rights and legitimate interests of organizations and organizations, as they suffered in the form of evil (clause 1, part 1, article 6 of the CCP of Ukraine). Regulation of which sovereign zakhistu - first head function of criminal procedural law.
The security of the population in the face of malicious threats and threats, their theft may be reduced due to the protection of illegal and unjustified calls, arraignment and illegal exchange of rights and freedoms (clause 2, part 1, article 6 of the CCP of Ukraine). Tsei straight ahead to another, the main function of the legislative regulation of criminal justice is law protection. The task is to support the establishment of a system of procedural guarantees and a mechanism for monitoring the legality and security of the rights of citizens in the criminal judiciary.
As you know, the main function of criminal judiciary is to judge the court, as the ultimate in criminal justice. However, at the pre-trial stage, the main function of the right for the court is the control of the ship. The heads of justice are ordered to follow practically all other law enforcement functions, as they may have a judicial, service character.
Until the vinyatkovyh ponovazhen court vіdnosit law at h. 2 and 3 tbsp. 29 CPC of Ukraine to take a decision: about the guarding of an outside entry at the sight of a capture under the ward; continuation of the term tremannya pіd varta; about provadzhennya I look around the life for the life of the person who lives with him; pіd hour obshuku; an invoice for arrest on the mine; attachment for correspondence; about control and recording of telephone and other negotiations; timchasovy usunennya pіdozryuvany chi accused of planting those others. The court of authorization itself, at the time of pre-trial proceedings, examines the skarga on diї (lack of idleness) and the decision of the prosecutor, following, the body of inquiry in the cases in order, established by law (Article 125 of the CPC of Ukraine). Ts povnovazhennia court, zdiisnyuvani within the framework of the function of court control at the pre-trial stages of the criminal process, seen by law in independent direct ship activities.
On the stages of disruption of the criminal justice, the judicial control over the activities of the bodies of the vikonavchy power is one of the manifestations of the implementation of the judicial power, its independent criminal procedural function. The ship's control is formed from the system of transshipment calls, which may have a positive and legal character. This procedural institute of exhortations to ensure the legality and obedience of the solution and the diy organization of the forward investigation, which intersect the constitutional and other rights and freedom of the people.
Looking back at st. 10, 118 and 123 of the Constitution of the Russian Federation, as well as Art. 15 and 243 of the CCP of Ukraine, the court is not a body of criminal investigation and does not act on the side of the call, or a defense; the court shall create the necessary mind for vikonannya parties їhnіh procedural obov'yazkіv and zdіysnennya nadanih їm rights. З метою охорони прав та законних інтересів учасників кримінального судочинства та належного проведення судового розгляду в розумний термін суд, у тому числі з власної ініціативи, зобов'язаний перевіряти обґрунтованість застосування забезпечувальних заходів, включаючи запобіжний захід у вигляді взяття під варту, приймаючи необхідні рішення у випадках , if the person on trial is cheating in the appearance before the court, or in another way, changing the order of justice. The court also needs to examine in its own time the food about the continuation of the line of the three-man line before the end of the line established by the court earlier.
With this, stavlyachi that vyrishyuyuchi for the power of the initiative, about the defrauding as a zahіd zahіd vyatya pіd varta or about prodovzhennya termіnu tremannya pіd vartoyu, the court, for zmіst Art. 108 The Communist Party of Ukraine does not allow itself to be bound by the opinion of the parties, and the parties cannot afford to be able to put forward their arguments.
It doesn’t mean, the trial of the Penitzes of the accusations, the lawsuit of the right -to -acting PIDSTAVI for Obranni of the Knock Cyt, is not the same for the vicar of the Visuvnuvinni of the Zvinuvchennya at the hodgovy, and the non -recklessness of the Ugrozhygovye is the goodness of the Ugro -rye.
Otzhe, analyzing the sense of art. 22, 46, 48, 118, 120 and 123 of the Constitution of the Russian Federation to allow obov'yazkіv court in criminal jurisprudence, the Constitutional Court of the Russian Federation to come to the court, that the court, as a body of justice, will ensure a fair procedure However, due to the same nature, the significance of judicial guarantees for the protection of the rights and legitimate interests of an individual in the event of a decision being made, associated with freedom and special lack of torment, regardless of the fact at which stage of criminal justice the decisions are taken. Such a procedure for the transfer of obligations to the state, including the authorities of the ship's power, to protect the property of special property and conduct with it is not as an object of sovereign activity, but as an equal subject, which may have the right to protect one's rights by all means not protected by law she competes with the power in the individual, whether it be yogo organizations.
1. On the defense of the rights and freedoms of a person and a hulk, who, having suffered in a mischief, litigation is established among rich criminal rights. Tse persh for everything, inquire about malice against specialty, life, health, freedom and goodness, against the destruction of political and labor rights (Art. 102-151 of the RRFSR CC)
It would be wrong, prote, to divide the fate of the injured individual with the right about mischief, qualified by the articles of the criminal law, in which specialty, її right-handedness and freedom are recognized as a generic object of deiї.
In a row with a generic object of law, that freedom of an individual is attacked by a defender when investigating that a court review on the right about mischief of other categories, including sovereign mischief (for example, terror, banditry), posadovі (for example, relocation of power), mischief against justice (for example, hibniy before justice) primus before giving testimony), evildoers against the order of administration (for example, an encroachment on the life of a militia worker), against public security and public order (for example, hooliganism), military malevolence (for example, the so-called violation of the statutory rules of mutual, military service vіdomi yak dіdіvshchina) ) and others. (Art. 66, 67, 77, 171,183, 1912, 206, 244 CC RRFSR)
2. Legally the appointment of the victim is given in Art. 53 CCP RRFSR: “Let us tolerate a person who is a moral, physical, mischievous person.” Let's follow the rank about the victim as a person, as a head of shkodi malice, to speak and the material criminal law (for example, art. 102, 104, 107, 108, 110, 117, 121, 126 of the RRFSR CC)
Tim is an hour of understanding of the victim in the material and procedural law may be different. The norms of criminal substantive law are recognized to the point of stosuvannya to really reliable and reliable facts of mischief. Nutrition, chi zapodiya zlochin Skoda singing person, the court virishuє as a result of the completion of all the conditions in good faith with the praise of the viroku. A firm statement on the food chain means the exclusion of an individual will be tolerated by the material and legal sensi. Let's tolerate the procedural sensitization plea in another situation. Here we will tolerate the act of recognition as the reason for granting this person to a complex of procedural rights. Significantly їх part to establish the rights, vikoristovuvanі pіd h zbirannya that otsіntsі evidence: the right to give evidence, present evidence, declare slander and others. Visidichi to the ugesto said, it is possible to Visnovka, the Yakshcho Voznanna Glumadinanitanita Merelyim by the motherly iz alone, the Voznesnna Kertipilim of the process of the process of yoga, more . . Most of the world, it is clear that it is clear in the rules about the so-called rights of private and private-public accusations, for which the skarzhnik will suffer because of the very decision about the destruction of criminal law (Art. 27, part 5, Art. 109). Reliable knowledge about the conscience of the shkod and the fall of the malice is not yet reachable until this moment.
From the procedural and material-legal understanding of the injured vicorist, it is true that the practice of such cases, if the investigation is still dragging out the recognition of the injured person under the drive, which, as a matter of fact, has been reliably established. As a result of suffering, a significant world will have the opportunity to win procedural rights.
1 About the spіvvіdnoshennia procedural and material to understand the victim also divas: Rakhunov R. D. Participants in criminal procedural activities of the radian law. M., 1961. S. 246; Motovilovker Ya. O. Nutrition of the theory of the radyansky criminal process. Tomsk, 1971, p. 93.
Facts and mirkuvannya to lie in the basis of propositions, include a definition before the law, as revealing the understanding of the victim in the procedural sense as a victim of a crime1.
The earlier we will tolerate a person, the more we will be able to really win our procedural rights.
Vkazіvki na pevnu person as a victim of malice call to avenge not only the skarga for malice, which are followed in the order of private or private-public calls, but also declare that reminder, yak serve as a drive to the destruction of criminal inquiries about infliction, aggravation. , that I will confirm this information, є sufficient evidence of the damage to the criminal justice, but we will tolerate the one-hour exile of the designated individual.
Chi pіdlyagaє vyznannyu tolerate the one against whom unfinished evil (preparation) chi swings at evil? Negative feedback on the food chain is motivated by a statement on those who look at the swing or prepare to the point of evil there are no bad memories.
What is the point of suffering, - rhetorically inquired prihilniks at a glance, - if the evil spirits didn’t come across his rights and interests, didn’t give him any shkodi? ... It was understandable that we would tolerate the recognition of such a hulk and let us extort all of them from this procedural act, which was not only a burden, but also a burdensome occupation, like for a hulk, so the body of investigation and court”2.
1 It is important to respect that one of such definitions was formulated by V. N. Savinov: physical person, It’s sufficient enough to support you, that against this protected good, a malicious encroachment was foreseen” (Savinov V.N. Patients in the criminal process. Author’s abstract of the thesis. Candidate of Law. Sciences. Kharkiv, 1978. P. 9)
2 Savitsky V. M., Poteruzha I. I. Patience at the Radyansk criminal process. M., 1963. S. 9.
Among them, however, it is not accepted to the point of respect, that preparation for evil and the swing for evil of exile is suspended by the unsafe criminal law (Article 15 of the RRFSR) and the very blame for the bad luck is shkoda. An encroachment, which did not go away from the evil-doers, may be repeated. To that, having succumbed to such an encroachment on natural clogging in vikritta and punishment of wine. With what food, what number of confessions about the opposite zazіhannya is immaterial1. The practice of knowing vipades, if about the Zatynchini of the Zlorchin of the victims ahead of the tilki vid Slidchogo (in the way, if the apartment is a skeleton is a pyd hour of trival, the skewed is the same by the way regardless of the real shkodi yogo healthy and mine, then it is illogical to allow some procedural renewal of the court zahist. Such a world of guilt is speeded up by these innovations; But it’s possible only if we endure it as a trial court. Tse means the purposes of justice. More "tight" case and the court for their evidence, slander, submission of evidence, patience with the manifestation of truth2.
The constitutional principle of equivalence before the law and the court should give equal right to the right of the people to judicial defense regardless of the social or mine camp, racial or national affiliation, status, enlightenment, mov, setting to religion, to the kind of character to occupy4. At the RRFSR PC) We will suffer no guilt on decisions about the expulsion of individuals, and we will suffer for the obligation of one’s rights in the quality of one’s reputation, or the presence of a criminal record.
It was debatable that there was a nutritional significance in this aspect of the wrongful morally condemned deeds of the victim, as they were the cause of the malice, which was the cause for the yogi, which, by the frame, took the malice.
1 Let's tolerate the fallowness of the species, L. U. Batishcheva. Div: Batishcheva L. U. About exposing individuals, we will suffer for an hour to swing at malice / / Problems of a thorough investigation of the front and the prosecutor's eye on the violation of laws by the bodies of investigation and the front investigation. M., 1982. Z. 58.
2 Div: Strogovich M. S. The course of the radiant criminal process. T. I. M., 1968. S. 257; Ratinov A. The fate of the victim in front of the investigation / / Socialist law. 1959. No. 4. S. 33; Rahunov R. Expansion of the rights of the victim // Socialist law. 1960 No. 4. S. 37.
It is important to respect that one point of the dawn is in the fact that in these situations a person, as if she knew a mischief, is not guilty of being recognized as a victim1.
Varto say - I'm guessing, the correct protilezhny look. The right of an individual to a judicial defense, established by a material law, is due to the adoption of procedural rights for the implementation of that right. Otherwise, it seems, as if it were a sign of moral, physical, or mine shoddy, the pull of criminal responsibility, a person, as if she recognized that shkod, is guilty of being expelled by the victim.
Practically, the problem is tormented by a wide range of errors. So, for the tribute of V. A. Dubrivny, in the lower regions of the ganebna (immoral, anti-righteous) the behavior of the victims on the right side about the defeat was 35 to 42%, on the right side about the death of the ushkodzhennia - from 30 to 39%, on the right side about the Shakhraystvo - vіd 98 to 100%. Ignorance of these osіb suffered superchilo to decent legislation. Infliction of evil under the influx of strong spiritual praise, caused by wrongful actions of the victim, as well as infliction of evil with the transfer between the necessary defenses in the evil, committed by the sufferer, do not exclude, but only help to mitigate the crime of bnal st. st. 104). 105, 110, 111 of the RRFSR CC) Institute for Investigative Charges in the Russian Criminal Proceedings RRFSR)2.
1 Div: Tsipkin A. L. Before the information about defending the rights of an individual in criminal justice / / Development of the rights of citizens of the SRSR. Saratov, 1973, p. 11; Dubravniy V. A. Patience in the face of evil in front of the investigation. Saratov, 1966. Z. 22 and the infringing one may be changed, or at the head of the shkodi may be enforced” (Collection of resolutions of the Plenum of the Supreme Court of the SRSR. 1924-1986. M., 1987. Z. 473) The plenum at times explains, how can the substantive-legal setting be allowed. Let's tolerate the knowledge - an element of procedural vindications, which will change the virishennu of the material and legal ones.
2 Report about tsyu tsіkava, little razroblen problem div.: Katkam Z. I., Lukashevich V.3. Litigation is on the right side of private prosecution. L., 1972. S. 145-157.
It is important to respect that one of the opponents of exile suffered misfortune, as if they themselves acted without prejudice, relying on the decision of the Plenum of the Supreme Court of the SRSR dated April 31, 1962. “About the court practice on the right about swearing,” it says: “About vimagannya in the new swag chi dobrovіlnoї declare about those that have happened, it doesn’t mean that the person is a sign of mischief”, and that “khabarodavets cannot be tolerated and cannot the right to claim the return of valuables transferred from the looting swag”1.
Here, everything is private, but the problem is actual, in which the nourishments of criminal and criminal procedural law are intertwined.
Well, sho dvіdstavi zvіlnennya khabarodavtsya vіd kriminalnoї vіdpovіdalnosti - zdirnitstvo swag and dobrobіlnu statement about those that have become, - fundamentally raznі for tsієyu juridical nature and guilty mother іnіnіnі mother riіznі naslіdki. What is the cost, if the swag is given from the will of the swag, do not change anything, but when it comes to informing you about the future, you don’t change anything. Zvіlnennya wіd vіdpovіdalnosti іn thеіng minds іncludіvіѕ а prize fоr brіyannya vіkrittyu unsafe malice.
Yakіsno іnsha pоdіya represents dacha swag vnaslidok zdirnitstva. Respectfully, before the speech, the decision of the Supreme Court “On judicial practice in the right about habarnitstvo” dated 31 September 1962, as suggested by V.A. At the rest of the nutrition, a new rose is explained, the opposite in front: “At the swag, if there is little money to give the swag, and wine, voluntarily declaring about it before the transfer of the swag, pennies and other values, handed over to the swag, turn to the vlasnik”2. Tse roz'yasnennya, maybe, viklikana until life by the practice of spivrobitnikіv operative services, yakі, otrimavshi skarga for zdirnitstvo swag, denounce the skarzhnik hand over the swag under their control, so that he can take the khabarooderzhuvach for the mischief. In these processes, the confiscation of the subject of swag would become unfair.
1 Stremovsky V. A. Participants in the front investigation of the Radyansk criminal process. Rostov-on-Don, 1966, p. 210; The collection praised the Plenum of the Supreme Court of the SRSR. 1924-1963. M., 1964. S. 262.
2 Collection of resolutions of the Plenum of the Supreme Court of the SRSR. 1924-1986. S. 679.
Well, it’s good that the turn of the swag that was taken away from the razі vimagannya can be presented. For the explanation of the commentators, the health of the swag lies in the fact that the settler “putting a threat to the right-protection interests of the swag”1. With this, as you know, health is not only a way to get rid of swag, but an independent warehouse of a mine malice, transferred to Art. 148 of the Criminal Code of the RRFSR. The sight of “simple” health care is taken away from the swag at the sight of health, it is taken care of by him, who takes the victory for an hour to save the misfortune of his service of renewal. Ale tsya vіdminnіst nі pіrshuvati camps khabarodavtsya, which recognized the vimagannya. As a victim of “simple” health, we will tolerate wine
I would like to complete the review of this food with the words of L. D. Kokorev: “... the assessment of the behavior of the victim may be more controversial, and the court’s docks cannot be looked at from the right, it is not . Facts are guilty of doslіdzhuvatisya, perevіryatisya under the hour of litigation, and the victim cannot be spared the right to bring the legality of their actions”2.
3. The victim has the right to give evidence at the right, especially the representative of the representative, present evidence, declare murmurings, familiarize himself with the materials from the completion of the forward investigation, take part in the court’s examination; declare input; bring scargs to a person, in order to carry out an investigation, a judge, a prosecutor, a court, and also for a virok, or praise the court and the decision of the people's court; pіdtremuvati zvinuvachennya on the right about especially unsafe evil against individuals (parts 2 and 3 of article 53 of the CCP RRFSR)
1 Comment to the Criminal Code of the RRFSR. M., 1984. Z. 367. Kokorev L.D. Inconsistency in the nutrition of victimology, її having invested in the recognition of individuals, we will suffer that її part in the investigation of the prevention of mischief// Vіktimologiya and prevention of law violations. Irkutsk, 1979. S. 58-59.
Vіdpovіdno to the constitutional principle of equality of citizens before the law and the court of indulgence and accusations due to the mother of equal procedural rights. For this CCP of the RRFSR, this principle is always vitrimuetsya. So, at the discretion of the accused and the defendant of the victims and the other representative, they are exclusively told about the completion of the investigation and referral to the court, but they will not be able to get to know the materials (paragraph 2, part 2, article 120 of the CCP RRFSR)
After vikonannya additional evidence for the troubles of the victim and yogo representative of the stink, do not have the right to re-acquaint yourself with the materials of the right (as per Art. 200, Part 4, Art. 204 of the RRFSR CCP) accusatory visnovka (Article 237 of the CCP RRFSR) and take part in the court debates from the right of the community accusation. I will similarly discriminate against each other with a procedural economy. It would be more accurate to call it a trifling crying fight with the additional rights of a person and a hulk, joking the court's defense of their rights and freedoms.
A prime example is the evolution of the order about the eligibility of the victim in court. In the original text, Part 2, Art. 53 of the RRFSR CCP, the right of the injured and її representative “to take part in the final evidence at the court investigation” is fixed. Ale 8 sickle 1983 The Presidium of the Supreme Court for the sake of the RRFSR changed the phrase to “take part in the judgment of the court”. Shards of the judge's view include a warrant from the court's investigation of the debates of the parties, the only sense of the court changed, nachebto, from whom the victim of that її representative was given the right to take part in the court's debates and in such a way to defend the prosecution. At the same time, at the same art. 53 of the RRFSR CCP, Part 3 was left unborrowed, as before, I mean the right of the victim to receive calls. Do not pass on the arbitrariness of the rules of judicial debates. In addition to what has been said, we come to the point that the right of public accusation suffers like a buv, so we have lost the right to cast our glance at the right, which can not stray from the position of the prosecutor-prosecutor1.
1 Critical consideration of this drive div.: Kokorev L. D. Suffering from evil in the Radyansk criminal process. Voronezh, 1964. S. 59-61; Sotrogovach M. S. The course of the radiant criminal process. T. I. C. 259-260.
Відчуваючи, мабуть, неприродність такого становища і намагаючись “підправити” закон, судді іноді наприкінці судового слідства перед формальним оголошенням про відкриття дебатів надають потерпілому можливість у вигляді додаткових свідчень висловити думку про винності і відповідальності підсудних, тобто, по суті, розпочати судові дебати. Ale tse shorazu lie down in the court of the courts and there will be no problem.
The addition of the RRFSR CPC with a provision for clearance from a jury (Law of the Russian Federation dated April 16, 1993) further aggravated the problem. Article 430 of the first division of the transfer of criminal charges, refer through the prosecutor’s office for calls for the presence of the transfer from the side of the victim. And yet, in case of this, the law does not stipulate the right to do so if such a list is declared. Even then, there is no legal, no moral ability to primus the prosecutor to support the sounding of superficial internal reconciliations after the judgment, declared in court.
Same Art. 430 transferring the right of the sovereign accusation to change the court’s call to the victim’s help, moreover, the change may change the meaning for the court independently of the list of the victim. At other times, change between the full vidmovoi vіd zvinuchennya (for example, the transition from ringing in navmisny vbivstvі to ringing in the threat of vibivstvom) In these cases, the prosecutor on the ruling court allows the injured right to the judicial defense of his rights and his freedoms. In addition to what has been said, we come to the point where we blame the conflict between the criminal procedural law and the constitutional principle of protecting the rights of victims in the event of malice and evil, ensuring that we tolerate access to justice. Before Rechi, the Koliziy, the Boti Podolana was guilty of the lawsuits of the law of victim to the fate of the right of the Pulki Zvinuvachennya Yak Subsidiari Princine, the right of Pirimvati Zvinuvachenny, the sovereign of the same
Investigation and judgment on the right about the wickedness that caused the moral, physical or main misfortune of the people, to be carried out not only in special, but also in the interests of the community. Therefore, the fate of the criminal process at the right of the hromada accusation is the subject of the subjective right of the victim and those at once yog hromadyansky duty.
The law of the goiter is to be tolerated in the face of a death denunciation, unscrupulously buti for vikliki sledchogo to the court for participation in the trials and the court review, to give truthful witnesses, to follow the order of the court session and to follow the orders of the head. Nevikonannya tsikh obov'yazkіv mozhe cause legal sanctions. So, svіdomo untruthful denunciation, svіdomo untruthful svіdchennya, vіdmova or swindle of the victim in the case of witness to drag behind him criminal liability for Art. 180-182 KK RRFSR. In cases of non-appearance without good reasons until the next or before the court of suffering, you can be brought to justice (part 3, article 75 of the PC RRFSR).
The legal literature discusses the nutritional capacity of the physical primus of the victim at times, and it is necessary to look around, expertise, what about the admission to the medical mortgage, surgical operation for the examination of the body of a third-party object (for example, coolies). food, it is supposed to be of an important academic character. Admittedly, the author of this chapter, occupied for fifty years with the practice and theory of the criminal process, do not know the type, yakbi sufferers after the rose'clarification of the goals of that mind, the provadzhennya given dії vіdmovivsya in the look around, expertise. With whom, a priori, the possibility of such incidents is not possible, because more deacons respect the primus stove in such cases as right.
Under the hour of discussion of the problems at the center of respect, the power of the admissibility of the primus of the victim before looking back - dії, dosit extended at the next practice. Proponents of an affirmative answer to this question proceed from the indication of the law: “The decision to conduct an examination is mandatory for the person in respect of whom it was issued” (Article 181 of the Code of Criminal Procedure of the RSFSR) The attribute of a legal obligation is a sanction - the possibility of coercion to execution or punishment for non-performance.
Critically evaluating the law and respecting the need to add it, I. L. Petrukhin having called for administrative reprimand for the evasion of the injured person during the examination1. Ale oskіlki takі vpadki maloymovіrnі, ochіkuvati preventive efektu vіd tskogo novvedennâ year і th say. Before that, the situation seemed to be rather unacceptable: the evil-doer is not opened, the evil-doer does not understand the consequences, and the victim is already administratively punished.
1 Div: Petrukhin I. L. Freedom of specialty and criminal procedural primus. M., 1985. P. 140.
Admirers of the primus eye look at those who, for the interests of the truth, should win over the will of the victim1.
The opposite point of view is in the fact that Primusov enters the criminal process admissible and rightful, including in the cases directly passed by the law, and in the order prescribed by the law. For the victim, who, having looked around, the law of such visits does not pass. Vagomim, it can be said, is a virishal proof of a moral character: on the side lie especially turbota about the defense of yoga rights and legitimate interests. Primus’s glance at the victim would not only be illegal, but morally impermissible entry”2.
4. The legal position of the victim in the criminal process is characterized by both special rights and childishness.
The right of the victim is the whole right of the mother to defend the court against malicious encroachments. In this rightful skin person, fortune-telling yaki recognized shkodi in evil, independently in the її century, physical and mental state.
1 Div: G. Pichkadeva. 1976 No. 3. S. 63-64; Kornukov V.M. Saratov, 1978, pp. 98-103; Comment to the Criminal Procedure Code of the RRFSR. M., 1985. Z. 305.
2 Strogovich M. Z. Decree. tv. T. II. P. 126. Div. also: Kaminska V.I. The protection of the right and the legitimate interests of the people in criminal and procedural law//Radyanska power and law. 1968. No. Yu. S. 32. I. L. Petrukhin, declaring solidarity with the point of dawn (div.: Petrukhin I. L. op. op. p. 140) don’t give a shkody a hint of rubbish (do not accompany naked people), as a whole it is permissible to ... an injured person (certificate) physical injection” (ibid. p. 139)
The power of the childishness, i.e., the self-sustaining of the procedural renewal, especially maintains its rightful freedom. In this plan, three types of victims are distinguished:
As a whole dієzdatnі - healthy adult people, for this choice, zdіysnyuyut tsі rights especially or transfer їх zdіysnennya to their representatives;
Fenced children: not full-time from fourteen to eighteen years, and navit them, deaf, blind and other individuals, yakі z physical and mental nedolіkіv require the implementation of these procedural rights representative of the additional;
Neduezdatnі: malolitnі, and instill mental illness, as it is impossible to give a call to the children and cherubate them, through which their rights - as a whole of a significant part - zdіysnyuyut їхні representatives.
The law is to speak about representatives and legal representatives of the victim. Tse understand that they often run away. Representatives of the victim can be lawyers, as well as close relatives and other individuals, by virtue of the law of empowerment to represent the legitimate interests of the victim (Article 56 of the PC RRFSR). under the supervision of any wines perebuє (clause 8, article 34 of the CCP RRFSR)
You can also separate the representation of a professional, like being a lawyer, and non-professional, like working through your homeland or for obov'yazkom service.
Professional assistance of a lawyer is necessary, if the manager of the interests of the injured person is connected with the variance of specific legal nutrition, super-clear, misleading conditions. A legal representative can secure the interests of the victim there, deprive him of a healthy mind, psychological contact with the patient, turbot about the new and a little bit of evidence. It is permissible and in some cases it is true that the fate of the legal representative-lawyer and the legal representative of the victim1.
1 Div: Collection of resolutions of the Plenum of the Supreme Court of the SRSR. 1924-1986. S. 848.
The introduction of the institute of a representative of the victim (as well as a civil poziwacha, a civil defense) by the RRFSR CCP in 1960 served as a defense of special rights in the criminal process. Ale, in some lawyers of the old school, this novel called out the reaction of the denial. Comments appeared, yakі obmezhuyut the right of the victim to legal assistance. At whom the key of the rose was explained Art. 200 of the RRFSR CPC: “A representative of the injured person is in the order of the defendant, and replaces him (they directly exclaim the law:“ the victim’s representative)”1. Defying the commentator, A. R. Mazalov reasonably respected: “The union “chi” is vital here for those who give an idea about the rightful representative of the times, who take part in the rightful place of the represented, by the very same procedural rights, as represented.” A. G. Mazalov, with all due respect, that “the idea of the possibility of participation is carried out in a number of other articles of the Code (70, 120, 245, 263, 264, 265, 268, 277, 279, 88, 289, 291, 292, 294, 325 CCP RRFSR)”2.
Ordin by the Logimeni law, the law is reserved, ShO in Koli Osіb, yaki Vistupai Yak representers, the law for all nazi professional-advotiv (Article 56 of the RRFSR CCP) is spial of the Professional Permanent, Idnuvyn, the presentation of the representation of the representation of the representation presented. In some, however, situations, the replacement seems to be a representative of the inevitable - zokrema, if the patient who is not a child is surrounded by a child behind the camp of the psyche of a child.
Situations are practical, if the recognition of a minor chi of an incompetent victim is pedagogically counter-indicated with the help of materials. For example, it is worth referring, for example, to materials about sexual mischief, committed against other crimes, to materials that slander the father of the victim, and so on. With such materials, it is enough to recognize the legal representative or the representative of the victim.
1 Scientific and practical commentary to the Criminal Procedure Code of the RRFSR. M., 1963. S. 28-29.
Mazalov A. G. Civilian poses for the criminal process. M., 1967. S. 83. In another well-known scientific and practical commentary (1965), the judgment about the inconsistency of the participation of the next victim and the injured representative was already taken, vtіm, without a statement on yoga hibnist.
It is possible, however, and so, that a non-educational or marginalized child sufferer cannot have legal representatives. If you are not alone, do it if the lawful representative is a smart child against the procedural interests of the person represented (for example, the mother of the victim is trying to make calls to the judiciary - his own person and spivmeshkantsya)
Perhaps, the criminal procedural law will require supplementary norms that establish the following order: a) ob'yazkovoї participation in the right representative of a non-school child is surrounded by a child victim; b) the participation of the representative is not in the order of filing, but the replacement of the new one in the last trial, or in the next court cases; c) adoption in the presence of the right of a legal representative and replace him with a representative-lawyer.
The representative of the injured may have the right, what and the victims, the crime of the right to give evidence (part 2 of article 54 of the CCP RRFSR) community organization cannot be supplemented as a certificate about the situation, as they became a link to the vicons of the procedural borg (clause 3, part 2, article 72 of the CCP RRFSR)
The immunity of a lawyer and those who are equal to the new one is an absolute guarantee of trust, like the stench is guilty of serving with the lawyers, like representing, successfully exercising their rights and freedoms. Should legal representatives follow other, different rules. The fathers and other legal representatives can be supplemented as evidence (part 2 of article 399) and at the same time they are obliged to give truthful witnesses, help them all in the right way and in the delivery of food.
The obov'yazok of legal representatives was appointed, as and corresponding to the similarity between them. Tsі mezhі put h. 1 tbsp. 51 of the Constitution, how to confirm:
"No one is guilty of witnessing against himself, his person and close relatives ..." Being a close relative of the victim, the legal representative is not guilty of giving evidence about the circumstances that slander the victim, as well as the representative himself.
5. Vіdpovіdno up to part 4 of Art. 53 of the RRFSR CCP, if the death of a person caused the evildoer, the rights of the victim are gained by his close relatives. More consequential defense of the rights of specialty would have been wider which rule and on the verges, if the sufferer died after the malice, but not through the malice, but from other reasons.
Kim behind the criminal procedural status will be the relatives of the deceased victim? At the time of the development of the project of the RRFSR's ninth CPC, there were thoughts that they themselves would be victims of the victim2. M. Z. Strogovich at an hour having spoken through those who have vipads, peredbachenih part 4 of Art. 53 CCP RRFSR, to recognize the relatives of the deceased at once and the representatives of that victim: “the stench will be yoga representatives in the sense that they protect the good of the victim, protect the memory of the victim” and the order of the cym “in such cases, the relatives of the victim themselves will be let us tolerate the direct and uninterrupted meaning of the words: the wicked man has given him a heavy moral mischief, the shards of stench have spent a close, dear person to him”3.
Tsya construction vibrates, prote, aggravated theoretical character. Represented by Nyshirschokom Sensі, the powerful civil law, will be the same person - representation of the izhmensi rings of the right to submit, to be stunned, to the right to represent the rights to represent (Article 182 of the Civil Code of the RRFSR) , already there are no rights, creation, change and application of those to become the essence of representation. Practically, it is effective to honor the memory of the deceased, his relative may need the help of a representative-lawyer. However, the realization of such a possibility should be put under doubt, as if a deceased relative should be considered a representative: the law does not transfer the participation in the process of such a subject, as a “representative of a representative”.
1 Div: Kalashnikova N. Ya. Expansion of the rights of the victim in criminal litigation// Nutrition of judiciary in the new legislation of the SRSR. M., 1959. Z. 245. The Supreme Court of the SRSR became the year for this position. Div: Collection of resolutions of the Plenum of the Supreme Court of the SRSR. 1924-1986. Z. 847-848.
2 Div: Ratinov A. The fate of the victim in the subsequent investigation / / Socialist law. 1959. No. 4. S. 32.
3 Strogovich M. Z. Decree. tv. T. I. C. 258.
Without a doubt, the death of the victim, accepting rich vipadkah, bring moral and sometimes material harm to his relatives. However, it is fair to say that "the recognition of close relatives of a dead victim by the right does not mean the law and supercritical judgment of the victim as an individual, a zokrema." At the link with the cym, such vipadias are formed, if a heavy body of ushkodzhennia transforms the injured into a harmless, unruly invalid. Why do yoga relatives suffer morally and materially, so that they don’t override the legacy of being beaten. But close relatives who sacrifice evil, as if they recognize such an indirect shkod, cannot be recognized as suffering in the sensi art. 53 CCP RRFSR. Let's see if we look, for example, the relative of the deceased victim will be distinguished as the subject of the process - the offender of the victim2. In the same way, the interpretation is difficult in nutrition about the right of the offender to a professional legal assistant representative-lawyer, and in theoretical terms, the rethinking of the extension of the procedural offense to the offense, if the death of the victim to the point of perfection has become a legacy not of an evil, but of other reasons.
Call the relatives to live among themselves, so that the rights of the deceased zdiisnyuvav one of them. Ale, how buti, how can the stench not be dominating that the fate of the process is claimed by a sprig of relatives? Supporters of the restriction of the rights of the individual did not miss the opportunity to decide in a decisive way and ϶ᴛᴏt the question: “If there are several close relatives and all of them wish to exercise the rights of the victim, then the question of who the rights of the victim are transferred to is decided by the person conducting the inquiry, the judge, the prosecutor, the investigator, the investigator, the investigator, chi court”3.
1 Savitsky St M., Popgeruzha I. I. Decree. tv. Z. 14.
2 Div: Borodin S. V. Review by the court of criminal inquiries about driving in. M., 1964. S. 145; Larin A. Representatives and offenders in the criminal process//Radyanska justice. 1981. No. 2. S. 21-22.
3 Comments to the Code of Criminal Procedure of the RRFSR. M., 1995. Z. 92.
Tse roz'yasnennya formally superechit the text of Art. 53 CPC RRFSR, yak transferring the rights of the deceased victim to his relatives - in multiple. In fact, dotrimannya tsomu roz'yasnennyu meant bovіlne zamezhennya rights osobistostі on shkoda tsіlyam criminal process. Superechka among relatives for food, who from them zdijsnyuvatime the rights of the victim, blame through the differences at the sight of the evil. In these minds it is especially bad, that the next court took all possible points of dawn to respect. In the resolution "On the practice of stosuvannya by the courts of legislation that regulates the fate of the victim in criminal justice" Plenum of the Supreme Court of the SRSR clarified: "In case of rights of the victim, a small number of close relatives of the dead can claim the stint, and you can also be recognized"1 . Z urahuvannyam already vyslovlennykh mirkuvan more accurately would be called tsikh osib offenders. Ale does not call sumniviv vkazіvka on the possibility of participation in the right of a number of offenders in one and the same victim. Before the speech, this idea can be expressed more clearly when replacing "they can be recognized" by "they can be recognized." For the law does not transfer or substantiate the recognition of a dead relative as an offender, who is the victim, nor the criteria for choosing one of them.
