Suchergebnisse

The analysis of the legal positions of the ECHR in the aspect of the subject of the article under consideration made it possible to conditionally single out the following standards for ensuring the legality of the implementation of covert activity in criminal proceedings:- predictability. Its essence lies in the fact that the grounds, procedural order, conditions, timing, the circle of persons and crimes in relation to which it is allowed to carry out covert activities should be as detailed, clear and accurate as possible in the criminal procedural legislation. Moreover, any person had the opportunity to familiarize himself with the relevant regulatory prescriptions and foresee the actions that can be carried out in relation to him;- warranty against abuse. The content of this standard can be disclosed by more detailed highlighting of clarifying provisions ("substandards"). These include: control of interference in human rights and freedoms; the certainty of the circle of persons in relation to whom it is possible to carry out secret activities; limited corpus delicti, for the purpose of investigation or prevention of which covert activity is allowed;; the existence in national legislation of procedures that facilitate the law of the implementation of covert activity in criminal proceedings; the temporary nature of the implementation of secret activities in the criminal process;- verifiability. The essence of this standard can be disclosed through the establishment of judicial control over the decision of the issue regarding the possible destruction of information obtained in the course of conducting covert activities, which is not relevant to criminal proceedings, as well as the requirement for the mandatory opening of decisions that were the basis for conducting covert investigative actions;- exclusivity. The main content of this standard is that covert activity in criminal proceedings can be carried out only in cases where the disclosure or prevention of a crime in another way is impossible or is too complicated;- proportionality of the intervention and its expediency. The essence of this standard is that the implementation of certain covert coercive actions that are associated with the restriction of human rights and freedoms must be proportionate to the goals for which such actions are directed. Moreover, these goals and the applied coercion must be necessary in a democratic society;- inadmissibility of tacit interference in the communication of some subjects. First of all, this requirement concerns the need to legislatively guarantee non-interference in communication between a lawyer and his client, a priest and an accused, etc., which means a ban on targeted control over the communication of certain subjects, as well as the obligation to destroy information obtained in the course of an accidental, situational interfering with their communication.

The analysis of the legal positions of the ECHR in the aspect of the subject of the article under consideration made it possible to conditionally single out the following standards for ensuring the legality of the implementation of covert activity in criminal proceedings: – predictability. Its essence lies in the fact that the grounds, procedural order, conditions, timing, the circle of persons and crimes in relation to which it is allowed to carry out covert activities should be as detailed, clear and accurate as possible in the criminal procedural legislation. Moreover, any person had the opportunity to familiarize himself with the relevant regulatory prescriptions and foresee the actions that can be carried out in relation to him; – warranty against abuse. The content of this standard can be disclosed by more detailed highlighting of clarifying provisions ("substandards"). These include: control of interference in human rights and freedoms; the certainty of the circle of persons in relation to whom it is possible to carry out secret activities; limited corpus delicti, for the purpose of investigation or prevention of which covert activity is allowed;; the existence in national legislation of procedures that facilitate the law of the implementation of covert activity in criminal proceedings; the temporary nature of the implementation of secret activities in the criminal process; – verifiability. The essence of this standard can be disclosed through the establishment of judicial control over the decision of the issue regarding the possible destruction of information obtained in the course of conducting covert activities, which is not relevant to criminal proceedings, as well as the requirement for the mandatory opening of decisions that were the basis for conducting covert investigative actions; – exclusivity. The main content of this standard is that covert activity in criminal proceedings can be carried out only in cases where the disclosure or prevention of a crime in another way is impossible or is too ...

The analysis of the legal positions of the ECHR in the aspect of the subject of the article under consideration made it possible to conditionally single out the following standards for ensuring the legality of the implementation of covert activity in criminal proceedings:- predictability. Its essence lies in the fact that the grounds, procedural order, conditions, timing, the circle of persons and crimes in relation to which it is allowed to carry out covert activities should be as detailed, clear and accurate as possible in the criminal procedural legislation. Moreover, any person had the opportunity to familiarize himself with the relevant regulatory prescriptions and foresee the actions that can be carried out in relation to him;- warranty against abuse. The content of this standard can be disclosed by more detailed highlighting of clarifying provisions ("substandards"). These include: control of interference in human rights and freedoms; the certainty of the circle of persons in relation to whom it is possible to carry out secret activities; limited corpus delicti, for the purpose of investigation or prevention of which covert activity is allowed;; the existence in national legislation of procedures that facilitate the law of the implementation of covert activity in criminal proceedings; the temporary nature of the implementation of secret activities in the criminal process;- verifiability. The essence of this standard can be disclosed through the establishment of judicial control over the decision of the issue regarding the possible destruction of information obtained in the course of conducting covert activities, which is not relevant to criminal proceedings, as well as the requirement for the mandatory opening of decisions that were the basis for conducting covert investigative actions;- exclusivity. The main content of this standard is that covert activity in criminal proceedings can be carried out only in cases where the disclosure or prevention of a crime in another way is impossible or is too ...

On the basis of econometric modeling a conclusion about low efficiency of state policy to promote small business in Russia has been made. The elasticity of the level of entrepreneurial activity in terms of state support does not exceed 0.3. The ways to improve efficiency include the replacement of budget subsidies by the expansion of tax benefits and the volume of government purchases from small businesses. The combined effect of these measures covers various aspects of business activities, which will increase the return on fiscal measures to support small businesses. ; На основе эконометрического моделирования сделан вывод о низкой эффективности государственной политики содействия малому бизнесу в России. Эластичность уровня предпринимательской активности по величине государственной поддержки не превышает 0,3. К способам улучшения эффективности отнесено замещение бюджетного субсидирования расширением налогового льготирования и объемов государственных закупок у малого бизнеса. Совместное влияние указанных мер охватывает различные аспекты предпринимательской деятельности, что позволит увеличить отдачу от бюджетно-налоговых мер поддержки малого бизнеса.

Based on monitoring of current foreign criminal procedural legislation and its application, as well as scientists' points of view, an analysis of the process of digitalization of criminal justice in some leading countries, in particular Ukraine, was carried out. The positive aspects of the systematic transfer of proceedings to digital mode were highlighted – optimization of pre-trial investigation and trial procedures, saving budget funds, reducing the number of authorized entities involved in certain procedural actions, applying effective methods of electronic communication, and so on. Risks include a lack of proper technological support and the threat of cyberattacks, intensification of abuse and falsification of evidence. Prospects for the development of digitalization have been determined in terms of interaction with electronic registers, the simplification of application transfer, petitions and complaints directly through the system of electronic cases and so on. Arguments are given on the expediency of applying an integrated approach to the implementation of the concept of electronic judicial proceedings, in particular the use of electronic document management and access to court cases in electronic form, the use of modern digital technologies in the implementation of procedural actions, and ensuring the proper recording of the trial by videoconference. It is emphasized that the basis of such digital innovations in the field of criminal justice should be the principle of humanism, that is, with human rights and legitimate interests as a priority.

The subject of research is the implementation of covert activities in criminal proceedings through the prism of international acts, decisions of the European Court of Human Rights.The purpose of the work is to formulate common standards for ensuring the legality of implementing covert activities in criminal process through the prism of legal positions of the European Court Of Human Rights.The methodological basis or research isthe totality of general and special scientific methods of scientific cognition. The formal-legal (legal-technical) method was used to study the rules of law, to analyze the features of legal technique; and the hermeneutical method revealed the legal content of the norms, legislative proposals and defects in legal regulation. The statistical method helped to generalize judicial practice of ECHR. While building up the system of the standards for the ensuring the legality of implementing covert activities in criminal process we used the system-structural method.The main results and conclusions. The analysis of the legal positions of the ECHR made it possible to conditionally single out the following standards for ensuring the legality of the implementation of covert activity in criminal proceedings:– predictability. Its essence lies in the fact that the grounds, procedural order, conditions, timing, the circle of persons and crimes in relation to which it is allowed to carry out covert activities should be as detailed, clear and accurate as possible in the criminal procedural legislation. Moreover, any person had the opportunity to familiarize himself with the relevant regulatory prescriptions and foresee the actions that can be carried out in relation to him;– warranty against abuse. The content of this standard can be disclosed by more detailed highlighting of clarifying provisions ("substandards"). These include: control of interference in human rights and freedoms; the certainty of the circle of persons in relation to whom it is possible to carry out secret activities; limited corpus ...