The investigator as an independent subject of criminal prosecution in cases of terrorist crimes
Abstract
This article aims to study the theory and practice of criminal prosecution of terrorist crimes in the Russian Federation. Most of the scientific work is mainly devoted to the study of criminal law and the criminological aspects of the fight against such criminal activities. It is therefore of particular importance to identify the problems of legal regulation of the investigator's activities in order to prosecute criminal offences and develop proposals for their optimal resolution. Cognitionic methods include: an anthropological, synthesis, statistics, partner, particular, systemic structural, legal modeling. In the Russian federation the prosecutor has judicial supervision in the criminal proceedings. Everything concludes that Federal Law of the Russian Federation No. 87-87-05.06.2007 redistributed control of the criminal proceedings by the investigator of the corporation a series of substantive rights of the chief prosecutor of the investigating body. In this sense, the optimal proportion of departmental control and tax supervision of the investigator, such as the establishment of a reasonable balance of these powers of control and supervision, increases the effectiveness of criminal prosecution of terrorism offences.
Downloads
References
BAILEY, Alison; CREE, Lisa. 2011. “Terrorism preparation by Michigan law enforcement agencies” In: American journal of criminal justice. Vol. 36, No. 4, pp. 434-447.
BALAKSHIN, Villar. 2011. “Independent - dependent investigator” In: Legality. Vol. 10, pp. 29-34.
BYKOV, Vyacheslav. 2008. “Investigator's procedural independence” In: Criminal process. Vol. 5, pp. 40-43.
EPIKHIN, Alexander. 2016. “Protection by the government and security support for the parties of modern criminal process in Russia: Problems and perspectives” In: Journal of Legal, Ethical and Regulatory. Vol. 19.
EPIKHIN, Alexander; MAKEEVA, Inna; TASAKOV, Sergei; MISHIN, Andrei; SLED, Yurii; ZEINALOVA, Larisa. 2016. “Protection of the Witnesses and Victims: International Legal Acts, Legislation of some States and the Modern Russian Legislation” In: Journal of Advanced Research in Law and Economics. Vol. 7, No. 2, pp. 313-322.
FLETCHER, George. 2006. “The Indefinable Concept of Terrorism” In: Journal of International Criminal Justice. Vol. 4. No. 5, pp. 894– 911.
GATAULLIN, Zyufyar Shakirovich. 2015. Theoretical and procedural aspects of the prosecution of terrorism cases: monograph. Publishing House of the Elabuga Institute of the K(V)FU. Elabuga, Russia.
KHORYAKOV, Sergey. 2006. Investigator's procedural independence: thesis for the Candidate of Law. Chelyabinsk, Russia.
KULAGIN, Natlali. 1995. In defense of the rights and legitimate interests of the investigator. Human rights and law enforcement. Volgograd, Russia.
LABORDE, Jean-Paul; DEFEO, Michael. 2006. “Problems and prospects of implementing UN action against terrorism” In: Journal of International Criminal Justice. Vol. 4, No. 5, pp. 1087-1103.
MALYSHEVA, Olga A. 2009. “The procedural position of the investigator in the conditions of modern legal regulation” In: Russian investigator. Vol. 2, pp. 8-10.
OFFICIAL WEB-SITE OF THE GENERAL PROSECUTOR'S OFFICE OF THE RUSSIAN FEDERATION. 2018. Available online. In: http://genproc.gov.ru/upload/iblock/6f3/0112_2018.xls. Consultation date: 15/05/2020.
OFFICIAL WEB-SITE OF THE MINISTRY OF INTERNAL AFFAIRS OF THE RUSSIAN FEDERATION. 2014. Available online. In: http://www.mvd.ru. Consultation date: 15/05/2020.
OGORODOV, Andre. 2017. Investigator's procedural independence in criminal proceedings: thesis for the Candidate of Law. Chelyabinsk, Russia.
VARTANOV, Alexander. 2012. Problems of the investigator's procedural independence under the Criminal Procedure Code of the Russian Federation: abstract of a thesis for the Candidate of Law. Krasnodar, Russia.
VASSALATIY, Zhander. 2010. Methods of investigating crimes of a terrorist nature: abstract of a thesis for the Candidate of Law. Chelyabinsk, Russia.
YUREVICH, Alexander Epihin; GATAULLIN, Zyufyar Shakirovich; ZAITSEV, Oleg Aleksandrovich; GRISHINA, Ekaterina Pavlovna; MISHIN Andrey Viktorovich. 2019. “Criminal prosecution of terrorist crimes in jury trial: legality and appropriateness” In: Humanities & Social Sciences Reviews. Vol. 7, No. 5, pp. 674-677.
Copyright
The authors who publish in this journal agree to the following terms:
The authors retain the copyright and guarantee the journal the right to be the first publication where the article is presented, which is published under a Creative Commons Attribution License, which allows others to share the work prior to the recognition of the authorship of the article work and initial publication in this journal.
Authors may separately establish additional agreements for the non-exclusive distribution of the version of the work published in the journal (for example, placing it in an institutional repository or publishing it in a book), with an acknowledgment of its initial publication in this journal.
This work is under license:
Creative Commons Reconocimiento-NoComercial-CompartirIgual 4.0 Internacional (CC BY-NC-SA 4.0)