THE EXPERT’S PETITION IN THE MECHANISM FOR ENSURING HIS SECURITY: PROCEDURAL ASPECT
A person’s petition to ensure his or her safety during the criminal proceedings is the primary means of initiating the public law mechanism of procedural protection. The analysis of criminal procedure legislation suggests that not all parties to criminal proceedings have a de facto right to ma...
| Main Author: | |
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| Format: | Article |
| Language: | English |
| Published: |
Bashkir State University
2023-01-01
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| Series: | Правовое государство: теория и практика |
| Subjects: | |
| Online Access: | https://pravgos.ru/index.php/journal/article/view/731 |
| _version_ | 1827964004812718080 |
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| author | GIZATULLIN Irek Alfredovich |
| author_facet | GIZATULLIN Irek Alfredovich |
| author_sort | GIZATULLIN Irek Alfredovich |
| collection | DOAJ |
| description | A person’s petition to ensure his or her
safety during the criminal proceedings is the primary
means of initiating the public law mechanism
of procedural protection. The analysis of criminal
procedure legislation suggests that not all parties
to criminal proceedings have a de facto right to
make such a petition. For example, obstacles to applying
protective measures against an expert under
the Code of Criminal Procedure of the Russian Federation
are often related to the specific procedural
status of the expert and the procedural rules for the
conduct of certain investigative actions involving
him. Purpose: to assess the effectiveness of the public
law mechanism for ensuring the expert’s security,
the availability of procedural protective measures
for this participant in the criminal procedure. Methods:
system analysis and synthesis, as well as specific
scientific methods are used. The study concludes that
the criminal procedure mechanism for ensuring the
expert’s security is declarative and that the expert’s
procedural interaction with the authorities is useless
in providing protection. Some amendments to
the Code of Criminal Procedure of the Russian Federation
are proposed, including the expert’s right to
file a petition to ensure his safety and to refuse to
participate in criminal proceedings if it is not possible
to ensure his protection by other measures. |
| first_indexed | 2024-04-09T17:08:14Z |
| format | Article |
| id | doaj.art-167287d8a05a448abb40634900b95ebd |
| institution | Directory Open Access Journal |
| issn | 2500-0217 |
| language | English |
| last_indexed | 2024-04-09T17:08:14Z |
| publishDate | 2023-01-01 |
| publisher | Bashkir State University |
| record_format | Article |
| series | Правовое государство: теория и практика |
| spelling | doaj.art-167287d8a05a448abb40634900b95ebd2023-04-20T09:11:06ZengBashkir State UniversityПравовое государство: теория и практика2500-02172023-01-01191(71)5910.33184/pravgos-2023.1.1THE EXPERT’S PETITION IN THE MECHANISM FOR ENSURING HIS SECURITY: PROCEDURAL ASPECTGIZATULLIN Irek Alfredovich0https://orcid.org/0000-0003-2108-690XUfa University of Science and TechnologiesA person’s petition to ensure his or her safety during the criminal proceedings is the primary means of initiating the public law mechanism of procedural protection. The analysis of criminal procedure legislation suggests that not all parties to criminal proceedings have a de facto right to make such a petition. For example, obstacles to applying protective measures against an expert under the Code of Criminal Procedure of the Russian Federation are often related to the specific procedural status of the expert and the procedural rules for the conduct of certain investigative actions involving him. Purpose: to assess the effectiveness of the public law mechanism for ensuring the expert’s security, the availability of procedural protective measures for this participant in the criminal procedure. Methods: system analysis and synthesis, as well as specific scientific methods are used. The study concludes that the criminal procedure mechanism for ensuring the expert’s security is declarative and that the expert’s procedural interaction with the authorities is useless in providing protection. Some amendments to the Code of Criminal Procedure of the Russian Federation are proposed, including the expert’s right to file a petition to ensure his safety and to refuse to participate in criminal proceedings if it is not possible to ensure his protection by other measures.https://pravgos.ru/index.php/journal/article/view/731criminal proceedingsexpertensuring securityparticipants in criminal proceedingsinvestigative actionsexpert opinion |
| spellingShingle | GIZATULLIN Irek Alfredovich THE EXPERT’S PETITION IN THE MECHANISM FOR ENSURING HIS SECURITY: PROCEDURAL ASPECT Правовое государство: теория и практика criminal proceedings expert ensuring security participants in criminal proceedings investigative actions expert opinion |
| title | THE EXPERT’S PETITION IN THE MECHANISM FOR ENSURING HIS SECURITY: PROCEDURAL ASPECT |
| title_full | THE EXPERT’S PETITION IN THE MECHANISM FOR ENSURING HIS SECURITY: PROCEDURAL ASPECT |
| title_fullStr | THE EXPERT’S PETITION IN THE MECHANISM FOR ENSURING HIS SECURITY: PROCEDURAL ASPECT |
| title_full_unstemmed | THE EXPERT’S PETITION IN THE MECHANISM FOR ENSURING HIS SECURITY: PROCEDURAL ASPECT |
| title_short | THE EXPERT’S PETITION IN THE MECHANISM FOR ENSURING HIS SECURITY: PROCEDURAL ASPECT |
| title_sort | expert s petition in the mechanism for ensuring his security procedural aspect |
| topic | criminal proceedings expert ensuring security participants in criminal proceedings investigative actions expert opinion |
| url | https://pravgos.ru/index.php/journal/article/view/731 |
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