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Victimological Characteristic of Crimes Against Participants Criminal Legal Proceedings

In  the  Russian  Federation  protection  of  participants  of  criminal  legal  proceedings  against  criminal  encroachments  is  actual and practical significant problem.  One of the features  of considered  socially  dangerous  acts  is  the  raised  extent  of  crime  victim victimization. Victimization of the personality,  that is process of her transformation into the victim, plays an important role in the mechanism of  individual  criminal  behavior. Involvement of persons to the sphere of criminal legal  proceedings  considerably  increases  level of their victimology  as  the  possession  of  the  specific  rights  and  duties  criminal  trial  participants  mark  out  from  a  circle  of  ordinary  citizens.  The given  article  is  devoted  to  research  of  the  victimological  characteristic  of  the  crimes  committed  concerning  participants  of  criminal  legal proceedings.  Methods.  In  this  work  the  method  of  sociological  poll  more  than  1300  participants  of  criminal  legal  proceedings  was  applied. Results.  From results of poll follows that among socially  dangerous acts  made  concerning  participants  of  criminal  legal  proceedings,  the most  widespread  are:  beating and causing varying severity  of harm  to health; threat of murder or causing heavy harm to health;  crimes against property; slander; infringement of life; hindrance to implementation of justice and production of preliminary investigation; bribery or coercion to evidence or evasion from  evidence or to the wrong translation.  Conclusion.  Based  on  the  conducted  research  the  author comes to the conclusion that the most  vulnerable from criminal  encroachments  are such participants  of criminal legal proceedings,  as  the witness,  the victim, the suspect  accused,  the defender, the witness.  At  the  same  time  crimes  concerning  representatives  of  the  victim, the civil respondent,  the civil claimant practically aren’t  committed.  The  received  results  should  be  considered  during  the  developing and improvement of the measures  directed  on considered  crimes  prevention.

 Izv. Sarat. Univ. Economics. Management. Law, 2013, vol. 13, iss. 4(2)
The right to receive qualified legal assistance in criminal proceedings: The concept, the relationship with the right to defense

Introduction. An important achievement of modern criminal procedure legislation and law enforcement practice is the implementation of international standards and democratic legal institutions concerning the strengthening of guarantees of respect for the rights, freedoms and legitimate interests of participants in criminal proceedings. Among them is the right of a person to receive qualified legal assistance. In this regard, it becomes important to analyse the system of scientific views and studies on the issue of qualified legal assistance and its relationship with the right to protection determined by the Constitution of the Russian Federation, and to determine the main characteristics to which such assistance should correspond. Theoretical analysis. The mechanism of procedural support of the right of a person against whom criminal prosecution is being carried out to receive qualified legal assistance is identified, and proposals are formulated to improve the legal guarantees of ensuring legal activity in its implementation. Empirical analysis. A definition of the right to qualified legal assistance has been developed, which represents the rights of a suspect, accused, or victim to use the help of a lawyer with legal education, who is part of the professional legal community, with a confirmed status, in order to ensure the implementation of the purpose of criminal proceedings – in terms of protecting the rights of victims of crimes – and all components of the right to protection from criminal prosecution and prosecution, which are enshrined in the current legislation at all stages of criminal proceedings. Results. The authors carried out a study on scientific representations of the right to qualified legal aid and the distinction between the right to protection and the right to qualified legal aid.

 Izv. Sarat. Univ. Economics. Management. Law, 2021, vol. 21, iss. 2
To the Question of Criminal and Legal Policy Efficiency in the Sphere of the Crime Prevention Against Criminal Legal Proceeding Participants

Introduction. In the Russian Federation the criminal and legal policy in the sphere of protection of criminal legal proceeding participants against criminal encroachments is ineffective. This circumstance leads not only to serious obstacles in justice implementation, but also to direct threat of the personality. One of prevention means of the considered crimes is their criminal legal protection. Nevertheless, the criminal law does not regulate protection of all criminal legal proceedings participants and that is the essential gap in the criminal legislation. Methods. In this work the methods of the criminal legal regulations analysis and sociological poll of more than 1300 paticipants of criminal legal proceedings were applied. Results. The results of research shows that it is necessary to carry out criminal legal protection of the criminal trial participants who aren’t included in the articles of the Criminal Code of the Russian Federation such as private accuser, witness, head of investigative body, chief of division of inquiry. Besides, it is necessary to optimize criminal legal regulations that order the protection of other participants of criminal trial. Conclusion. Based on the received results of research, it offers to enter additions into some articles of the Criminal code of the Russian Federation.

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