Prejudice in evidence in cases of economic crimes
Background. The Code of Criminal Procedure of the Russian Federation contains a number of exemptions for criminal proceedings on economic crimes. Evidence in this category of cases is no exception. In particular, the institution of prejudice in criminal proceedings has been repeatedly reformed. For...
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| Format: | Article |
| Language: | English |
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Penza State University Publishing House
2023-08-01
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| Series: | Известия высших учебных заведений. Поволжский регион: Общественные науки |
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| _version_ | 1827862856026030080 |
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| author | Anastasia D. Gned' |
| author_facet | Anastasia D. Gned' |
| author_sort | Anastasia D. Gned' |
| collection | DOAJ |
| description | Background. The Code of Criminal Procedure of the Russian Federation contains a number of exemptions for criminal proceedings on economic crimes. Evidence in this category of cases is no exception. In particular, the institution of prejudice in criminal proceedings has been repeatedly reformed. For many years, the legislator has been trying, taking into account the trends of the times and the priorities set in the state, to establish a balance in the use of court decisions taken in civil, arbitration, administrative proceedings in proving in criminal cases of economic crimes. The purpose of the study is to assess the changes made to Article No. 90 of the Code of Criminal Procedure of the Russian Federation since 2009, as well as the impact of such changes on the proof in “economic” cases. Materials and methods. The implementation of research tasks was achieved on the basis of an analysis of the norms of the Code of Criminal Procedure of the Russian Federation, the Decree of the Constitutional Court of the Russian Federation dated December 21, 2011 No. 30-P. In addition, the views on the institution of prejudice in relation to cases of economic crimes of Russian such process scientists as E.I. Zhidkova, S.A. Lopatin, L.V. Golovko, O.V. Khimicheva, N.V. Azaryonok have been studied. The methodological basis of this study is the dialectical method of scientific knowledge. In this work, general scientific methods of cognition are applied, such as: modeling, analysis, synthesis, analogy, abstraction, deduction, induction and comparison. Results. The institute of prejudice in the Russian criminal process before the reform of 2009 and after it is considered. Differences between sectoral and intersectoral, refutable and irrefutable prejudice are studied. The advantages and disadvantages of the current intersectoral irrefutable prejudice are revealed. Conclusions. Certain disadvantages of the current provision on prejudice in criminal proceedings are noted. Other types of legal proceedings do not provide such a set of guarantees as the criminal process, therefore, the institution of prejudice in its current form, including within the framework of the specifics of proceedings in cases of economic crimes, does not fully meet the goals and objectives of investigating and resolving criminal cases. |
| first_indexed | 2024-03-12T14:00:30Z |
| format | Article |
| id | doaj.art-28e3000da5214194962c86a94202736e |
| institution | Directory Open Access Journal |
| issn | 2072-3016 |
| language | English |
| last_indexed | 2024-03-12T14:00:30Z |
| publishDate | 2023-08-01 |
| publisher | Penza State University Publishing House |
| record_format | Article |
| series | Известия высших учебных заведений. Поволжский регион: Общественные науки |
| spelling | doaj.art-28e3000da5214194962c86a94202736e2023-08-22T06:44:23ZengPenza State University Publishing HouseИзвестия высших учебных заведений. Поволжский регион: Общественные науки2072-30162023-08-01210.21685/2072-3016-2023-2-10Prejudice in evidence in cases of economic crimes Anastasia D. Gned'0Moscow Prosecutorʼs Office for Supervision of the Execution of Laws in Air and Water Transport of the Moscow Interregional Transport Prosecutorʼs Office Background. The Code of Criminal Procedure of the Russian Federation contains a number of exemptions for criminal proceedings on economic crimes. Evidence in this category of cases is no exception. In particular, the institution of prejudice in criminal proceedings has been repeatedly reformed. For many years, the legislator has been trying, taking into account the trends of the times and the priorities set in the state, to establish a balance in the use of court decisions taken in civil, arbitration, administrative proceedings in proving in criminal cases of economic crimes. The purpose of the study is to assess the changes made to Article No. 90 of the Code of Criminal Procedure of the Russian Federation since 2009, as well as the impact of such changes on the proof in “economic” cases. Materials and methods. The implementation of research tasks was achieved on the basis of an analysis of the norms of the Code of Criminal Procedure of the Russian Federation, the Decree of the Constitutional Court of the Russian Federation dated December 21, 2011 No. 30-P. In addition, the views on the institution of prejudice in relation to cases of economic crimes of Russian such process scientists as E.I. Zhidkova, S.A. Lopatin, L.V. Golovko, O.V. Khimicheva, N.V. Azaryonok have been studied. The methodological basis of this study is the dialectical method of scientific knowledge. In this work, general scientific methods of cognition are applied, such as: modeling, analysis, synthesis, analogy, abstraction, deduction, induction and comparison. Results. The institute of prejudice in the Russian criminal process before the reform of 2009 and after it is considered. Differences between sectoral and intersectoral, refutable and irrefutable prejudice are studied. The advantages and disadvantages of the current intersectoral irrefutable prejudice are revealed. Conclusions. Certain disadvantages of the current provision on prejudice in criminal proceedings are noted. Other types of legal proceedings do not provide such a set of guarantees as the criminal process, therefore, the institution of prejudice in its current form, including within the framework of the specifics of proceedings in cases of economic crimes, does not fully meet the goals and objectives of investigating and resolving criminal cases.proofcriminal cases on economic crimesprejudiceconstitutional court |
| spellingShingle | Anastasia D. Gned' Prejudice in evidence in cases of economic crimes Известия высших учебных заведений. Поволжский регион: Общественные науки proof criminal cases on economic crimes prejudice constitutional court |
| title | Prejudice in evidence in cases of economic crimes |
| title_full | Prejudice in evidence in cases of economic crimes |
| title_fullStr | Prejudice in evidence in cases of economic crimes |
| title_full_unstemmed | Prejudice in evidence in cases of economic crimes |
| title_short | Prejudice in evidence in cases of economic crimes |
| title_sort | prejudice in evidence in cases of economic crimes |
| topic | proof criminal cases on economic crimes prejudice constitutional court |
| work_keys_str_mv | AT anastasiadgned prejudiceinevidenceincasesofeconomiccrimes |