Suchergebnisse

The document analyzes the legislation of the Russian Federation and the member states of the European Union on extradition from the point of view of its compliance with the current European Convention on Extradition. It also makes proposals to improve the rules of the Criminal Procedure Code of the Russian Federation that regulates the extradition procedure. Methodologically, the work uses scientific methods of analysis and synthesis, as well as the historical, comparative method, all in an integrated approach. Among the conclusions, the fact that for the previous legal provisions to work, its consolidation only in the Code of Criminal Procedure of the Russian Federation is insufficient. The first step to put them into practice could be to discuss the issue of making the necessary amendments to the Convention on Legal Assistance and Legal Relations in Civil Matters, as well as in the Family and Criminal Affairs regulations of January 22, 1993, of which the countries of the European Convention on Extradition are parties.

Purpose of Study: In this paper, institutions of agreements (mediation) in criminal proceedings in various states were investigated regarding the history of their occurrence and development. The aspects under the study included features related to the use of institutions of agreement in individual countries (USA, Canada, Germany, Russia, Moldova, etc.); the regulatory framework of these countries, statistics on the use of institutions of agreements (mediation), as well as programs used as mediation. Methodology: In the present study, general scientific, as well as special methods and provisions of dialectics were used. In the course of the study, private scientific methods were also used including historical-legal, formal-legal, formal-logical, systemic, and comparative. Results: Currently, the new legal institution of agreement (mediation) is actively developing in the global legal system, contributing to resolving the conflict without holding a trial and just by holding peace negotiations and concluding an agreement with the accused. This institution was initially established in countries with the Anglo-Saxon legal system (USA, UK), and then was developed in countries with a continental legal system (RF, Moldavia, Kazakhstan). Implications/Applications: The mediation is considered to be a convenient approach for resolving conflicts, since it is built on the mutual agreement of two confrontational parties, and it will continue to further develop worldwide and will be included in the legislation of those countries where it has not been fixed yet.

Based on comparative-legal analysis of the jury trials development in Russia and foreign countries, the authors have shown, that broadening of jury trials powers, resulted in remoteness from finding the truth in criminal cases. Concession of the jury's opinion priority over the professionalism of the judge and the evidences, received in the process of investigation, put in jeopardy the fairness and objectivity of the court's decision. As a result, the court, based on the avesty of justicejury's conclusions, is forced, in some cases, to make a travesty of justice.