The Production of a Forensic Examination and the Procedural Status of Knowledgeable Persons in Criminal Proceedings in Russia and Latvia
The article provides a comparative analysis of legal acts regulating the organization of forensic activities, as well as the legal status of knowledgeable persons in criminal proceedings in Russia and Latvia. Comparative legal analysis of normative acts consists in comparing the prescriptions of leg...
Ausführliche Beschreibung
Autor*in: |
B. A. Lukichev [verfasserIn] S. G. Alexeev [verfasserIn] |
---|
Format: |
E-Artikel |
---|---|
Sprache: |
Russisch |
Erschienen: |
2022 |
---|
Schlagwörter: |
---|
Übergeordnetes Werk: |
In: Сибирское юридическое обозрение - Omsk Law Academy, 2019, 19(2022), 1, Seite 68-90 |
---|---|
Übergeordnetes Werk: |
volume:19 ; year:2022 ; number:1 ; pages:68-90 |
Links: |
Link aufrufen |
---|
DOI / URN: |
10.19073/2658-7602-2022-19-1-68-90 |
---|
Katalog-ID: |
DOAJ007837232 |
---|
LEADER | 01000caa a22002652 4500 | ||
---|---|---|---|
001 | DOAJ007837232 | ||
003 | DE-627 | ||
005 | 20240414032003.0 | ||
007 | cr uuu---uuuuu | ||
008 | 230225s2022 xx |||||o 00| ||rus c | ||
024 | 7 | |a 10.19073/2658-7602-2022-19-1-68-90 |2 doi | |
035 | |a (DE-627)DOAJ007837232 | ||
035 | |a (DE-599)DOAJ127811d8e94449af8ac63873d674876e | ||
040 | |a DE-627 |b ger |c DE-627 |e rakwb | ||
041 | |a rus | ||
100 | 0 | |a B. A. Lukichev |e verfasserin |4 aut | |
245 | 1 | 4 | |a The Production of a Forensic Examination and the Procedural Status of Knowledgeable Persons in Criminal Proceedings in Russia and Latvia |
264 | 1 | |c 2022 | |
336 | |a Text |b txt |2 rdacontent | ||
337 | |a Computermedien |b c |2 rdamedia | ||
338 | |a Online-Ressource |b cr |2 rdacarrier | ||
520 | |a The article provides a comparative analysis of legal acts regulating the organization of forensic activities, as well as the legal status of knowledgeable persons in criminal proceedings in Russia and Latvia. Comparative legal analysis of normative acts consists in comparing the prescriptions of legal norms, legislative terms and definitions, allowing one to see the general and special, typical and unique in the regulation of forensic activities, as well as the rights and obligations, the volume and nature of the procedural functions of knowledgeable persons in criminal proceedings Russia and Latvia. The study is carried out on the basis of a comprehensive comparative legal analysis of the latest editions of criminal procedure laws (codes), laws in the field of organizing forensic activities in Russia and Latvia, by-laws, as well as other primary sources, including foreign ones, in the original language. Knowledgeable persons, i.e. persons applying special knowledge in criminal proceedings in Russia, are experts and specialists, in Latvia – experts, auditors and specialists. The legal status of knowledgeable persons in criminal proceedings in Russia and Latvia is largely comparable, but not identical. And, despite the transformation of the criminal procedural legislation of Latvia, in accordance with international legal norms and standards of the European Union, the provision of Soviet law on the use by knowledgeable persons of special knowledge in legal proceedings was preserved in the Latvian criminal process. The Code of Criminal Procedure of Russia classifies an expert and a specialist as other participants in criminal proceedings, that is, persons performing the function of promoting justice. Whereas the Latvian Criminal Procedure Law refers an expert and an auditor to persons having powers in criminal proceedings, a specialist – to other persons involved in criminal proceedings. And, if the expert and the auditor in the Criminal Procedure Law of Latvia are considered as independent participants in the criminal process, then the role of a specialist in legal proceedings is reduced to the level of “auxiliary personnel”. An expert and an auditor, according to the requirements of the Criminal Procedure Law of Latvia, are involved in criminal proceedings to give an opinion and fulfill the obligation to provide evidence, that is, as “means of ensuring judicial evidence”. Specialist – to assist officials performing procedural actions in fixing the progress and results of their conduct, using technical means to identify circumstances relevant to the case, but without conducting practical research in search of traces of a criminal act. The results of the comparative legal analysis of the normative acts regulating the rights, obligations, scope and nature of the procedural functions of knowledgeable persons in the criminal proceedings of Russia and Latvia allow us to expand our understanding of the application of special knowledge in the criminal proceedings of foreign states, as well as to critically assess the national criminal procedure legislation for the purpose of its further improvement and optimization. Based on the results of the study of the normative acts of Russia and Latvia, certain problematic aspects of the legal regulation of the procedural status of knowledgeable persons in the Russian criminal procedure legislation is noted, and generalizing conclusions are made. | ||
650 | 4 | |a criminal proceedings | |
650 | 4 | |a expert | |
650 | 4 | |a auditor | |
650 | 4 | |a specialist | |
650 | 4 | |a expert research | |
650 | 4 | |a prosecutor's office | |
650 | 4 | |a court | |
653 | 0 | |a Law | |
653 | 0 | |a K | |
700 | 0 | |a S. G. Alexeev |e verfasserin |4 aut | |
773 | 0 | 8 | |i In |t Сибирское юридическое обозрение |d Omsk Law Academy, 2019 |g 19(2022), 1, Seite 68-90 |w (DE-627)1760616796 |x 26587610 |7 nnns |
773 | 1 | 8 | |g volume:19 |g year:2022 |g number:1 |g pages:68-90 |
856 | 4 | 0 | |u https://doi.org/10.19073/2658-7602-2022-19-1-68-90 |z kostenfrei |
856 | 4 | 0 | |u https://doaj.org/article/127811d8e94449af8ac63873d674876e |z kostenfrei |
856 | 4 | 0 | |u https://www.siberianlawreview.ru/jour/article/view/1710 |z kostenfrei |
856 | 4 | 2 | |u https://doaj.org/toc/2658-7602 |y Journal toc |z kostenfrei |
856 | 4 | 2 | |u https://doaj.org/toc/2658-7610 |y Journal toc |z kostenfrei |
912 | |a GBV_USEFLAG_A | ||
912 | |a SYSFLAG_A | ||
912 | |a GBV_DOAJ | ||
951 | |a AR | ||
952 | |d 19 |j 2022 |e 1 |h 68-90 |
author_variant |
b a l bal s g a sga |
---|---|
matchkey_str |
article:26587610:2022----::hpoutooaoescxmntoadhpoeuasauokoldebeesnicii |
hierarchy_sort_str |
2022 |
publishDate |
2022 |
allfields |
10.19073/2658-7602-2022-19-1-68-90 doi (DE-627)DOAJ007837232 (DE-599)DOAJ127811d8e94449af8ac63873d674876e DE-627 ger DE-627 rakwb rus B. A. Lukichev verfasserin aut The Production of a Forensic Examination and the Procedural Status of Knowledgeable Persons in Criminal Proceedings in Russia and Latvia 2022 Text txt rdacontent Computermedien c rdamedia Online-Ressource cr rdacarrier The article provides a comparative analysis of legal acts regulating the organization of forensic activities, as well as the legal status of knowledgeable persons in criminal proceedings in Russia and Latvia. Comparative legal analysis of normative acts consists in comparing the prescriptions of legal norms, legislative terms and definitions, allowing one to see the general and special, typical and unique in the regulation of forensic activities, as well as the rights and obligations, the volume and nature of the procedural functions of knowledgeable persons in criminal proceedings Russia and Latvia. The study is carried out on the basis of a comprehensive comparative legal analysis of the latest editions of criminal procedure laws (codes), laws in the field of organizing forensic activities in Russia and Latvia, by-laws, as well as other primary sources, including foreign ones, in the original language. Knowledgeable persons, i.e. persons applying special knowledge in criminal proceedings in Russia, are experts and specialists, in Latvia – experts, auditors and specialists. The legal status of knowledgeable persons in criminal proceedings in Russia and Latvia is largely comparable, but not identical. And, despite the transformation of the criminal procedural legislation of Latvia, in accordance with international legal norms and standards of the European Union, the provision of Soviet law on the use by knowledgeable persons of special knowledge in legal proceedings was preserved in the Latvian criminal process. The Code of Criminal Procedure of Russia classifies an expert and a specialist as other participants in criminal proceedings, that is, persons performing the function of promoting justice. Whereas the Latvian Criminal Procedure Law refers an expert and an auditor to persons having powers in criminal proceedings, a specialist – to other persons involved in criminal proceedings. And, if the expert and the auditor in the Criminal Procedure Law of Latvia are considered as independent participants in the criminal process, then the role of a specialist in legal proceedings is reduced to the level of “auxiliary personnel”. An expert and an auditor, according to the requirements of the Criminal Procedure Law of Latvia, are involved in criminal proceedings to give an opinion and fulfill the obligation to provide evidence, that is, as “means of ensuring judicial evidence”. Specialist – to assist officials performing procedural actions in fixing the progress and results of their conduct, using technical means to identify circumstances relevant to the case, but without conducting practical research in search of traces of a criminal act. The results of the comparative legal analysis of the normative acts regulating the rights, obligations, scope and nature of the procedural functions of knowledgeable persons in the criminal proceedings of Russia and Latvia allow us to expand our understanding of the application of special knowledge in the criminal proceedings of foreign states, as well as to critically assess the national criminal procedure legislation for the purpose of its further improvement and optimization. Based on the results of the study of the normative acts of Russia and Latvia, certain problematic aspects of the legal regulation of the procedural status of knowledgeable persons in the Russian criminal procedure legislation is noted, and generalizing conclusions are made. criminal proceedings expert auditor specialist expert research prosecutor's office court Law K S. G. Alexeev verfasserin aut In Сибирское юридическое обозрение Omsk Law Academy, 2019 19(2022), 1, Seite 68-90 (DE-627)1760616796 26587610 nnns volume:19 year:2022 number:1 pages:68-90 https://doi.org/10.19073/2658-7602-2022-19-1-68-90 kostenfrei https://doaj.org/article/127811d8e94449af8ac63873d674876e kostenfrei https://www.siberianlawreview.ru/jour/article/view/1710 kostenfrei https://doaj.org/toc/2658-7602 Journal toc kostenfrei https://doaj.org/toc/2658-7610 Journal toc kostenfrei GBV_USEFLAG_A SYSFLAG_A GBV_DOAJ AR 19 2022 1 68-90 |
spelling |
10.19073/2658-7602-2022-19-1-68-90 doi (DE-627)DOAJ007837232 (DE-599)DOAJ127811d8e94449af8ac63873d674876e DE-627 ger DE-627 rakwb rus B. A. Lukichev verfasserin aut The Production of a Forensic Examination and the Procedural Status of Knowledgeable Persons in Criminal Proceedings in Russia and Latvia 2022 Text txt rdacontent Computermedien c rdamedia Online-Ressource cr rdacarrier The article provides a comparative analysis of legal acts regulating the organization of forensic activities, as well as the legal status of knowledgeable persons in criminal proceedings in Russia and Latvia. Comparative legal analysis of normative acts consists in comparing the prescriptions of legal norms, legislative terms and definitions, allowing one to see the general and special, typical and unique in the regulation of forensic activities, as well as the rights and obligations, the volume and nature of the procedural functions of knowledgeable persons in criminal proceedings Russia and Latvia. The study is carried out on the basis of a comprehensive comparative legal analysis of the latest editions of criminal procedure laws (codes), laws in the field of organizing forensic activities in Russia and Latvia, by-laws, as well as other primary sources, including foreign ones, in the original language. Knowledgeable persons, i.e. persons applying special knowledge in criminal proceedings in Russia, are experts and specialists, in Latvia – experts, auditors and specialists. The legal status of knowledgeable persons in criminal proceedings in Russia and Latvia is largely comparable, but not identical. And, despite the transformation of the criminal procedural legislation of Latvia, in accordance with international legal norms and standards of the European Union, the provision of Soviet law on the use by knowledgeable persons of special knowledge in legal proceedings was preserved in the Latvian criminal process. The Code of Criminal Procedure of Russia classifies an expert and a specialist as other participants in criminal proceedings, that is, persons performing the function of promoting justice. Whereas the Latvian Criminal Procedure Law refers an expert and an auditor to persons having powers in criminal proceedings, a specialist – to other persons involved in criminal proceedings. And, if the expert and the auditor in the Criminal Procedure Law of Latvia are considered as independent participants in the criminal process, then the role of a specialist in legal proceedings is reduced to the level of “auxiliary personnel”. An expert and an auditor, according to the requirements of the Criminal Procedure Law of Latvia, are involved in criminal proceedings to give an opinion and fulfill the obligation to provide evidence, that is, as “means of ensuring judicial evidence”. Specialist – to assist officials performing procedural actions in fixing the progress and results of their conduct, using technical means to identify circumstances relevant to the case, but without conducting practical research in search of traces of a criminal act. The results of the comparative legal analysis of the normative acts regulating the rights, obligations, scope and nature of the procedural functions of knowledgeable persons in the criminal proceedings of Russia and Latvia allow us to expand our understanding of the application of special knowledge in the criminal proceedings of foreign states, as well as to critically assess the national criminal procedure legislation for the purpose of its further improvement and optimization. Based on the results of the study of the normative acts of Russia and Latvia, certain problematic aspects of the legal regulation of the procedural status of knowledgeable persons in the Russian criminal procedure legislation is noted, and generalizing conclusions are made. criminal proceedings expert auditor specialist expert research prosecutor's office court Law K S. G. Alexeev verfasserin aut In Сибирское юридическое обозрение Omsk Law Academy, 2019 19(2022), 1, Seite 68-90 (DE-627)1760616796 26587610 nnns volume:19 year:2022 number:1 pages:68-90 https://doi.org/10.19073/2658-7602-2022-19-1-68-90 kostenfrei https://doaj.org/article/127811d8e94449af8ac63873d674876e kostenfrei https://www.siberianlawreview.ru/jour/article/view/1710 kostenfrei https://doaj.org/toc/2658-7602 Journal toc kostenfrei https://doaj.org/toc/2658-7610 Journal toc kostenfrei GBV_USEFLAG_A SYSFLAG_A GBV_DOAJ AR 19 2022 1 68-90 |
allfields_unstemmed |
10.19073/2658-7602-2022-19-1-68-90 doi (DE-627)DOAJ007837232 (DE-599)DOAJ127811d8e94449af8ac63873d674876e DE-627 ger DE-627 rakwb rus B. A. Lukichev verfasserin aut The Production of a Forensic Examination and the Procedural Status of Knowledgeable Persons in Criminal Proceedings in Russia and Latvia 2022 Text txt rdacontent Computermedien c rdamedia Online-Ressource cr rdacarrier The article provides a comparative analysis of legal acts regulating the organization of forensic activities, as well as the legal status of knowledgeable persons in criminal proceedings in Russia and Latvia. Comparative legal analysis of normative acts consists in comparing the prescriptions of legal norms, legislative terms and definitions, allowing one to see the general and special, typical and unique in the regulation of forensic activities, as well as the rights and obligations, the volume and nature of the procedural functions of knowledgeable persons in criminal proceedings Russia and Latvia. The study is carried out on the basis of a comprehensive comparative legal analysis of the latest editions of criminal procedure laws (codes), laws in the field of organizing forensic activities in Russia and Latvia, by-laws, as well as other primary sources, including foreign ones, in the original language. Knowledgeable persons, i.e. persons applying special knowledge in criminal proceedings in Russia, are experts and specialists, in Latvia – experts, auditors and specialists. The legal status of knowledgeable persons in criminal proceedings in Russia and Latvia is largely comparable, but not identical. And, despite the transformation of the criminal procedural legislation of Latvia, in accordance with international legal norms and standards of the European Union, the provision of Soviet law on the use by knowledgeable persons of special knowledge in legal proceedings was preserved in the Latvian criminal process. The Code of Criminal Procedure of Russia classifies an expert and a specialist as other participants in criminal proceedings, that is, persons performing the function of promoting justice. Whereas the Latvian Criminal Procedure Law refers an expert and an auditor to persons having powers in criminal proceedings, a specialist – to other persons involved in criminal proceedings. And, if the expert and the auditor in the Criminal Procedure Law of Latvia are considered as independent participants in the criminal process, then the role of a specialist in legal proceedings is reduced to the level of “auxiliary personnel”. An expert and an auditor, according to the requirements of the Criminal Procedure Law of Latvia, are involved in criminal proceedings to give an opinion and fulfill the obligation to provide evidence, that is, as “means of ensuring judicial evidence”. Specialist – to assist officials performing procedural actions in fixing the progress and results of their conduct, using technical means to identify circumstances relevant to the case, but without conducting practical research in search of traces of a criminal act. The results of the comparative legal analysis of the normative acts regulating the rights, obligations, scope and nature of the procedural functions of knowledgeable persons in the criminal proceedings of Russia and Latvia allow us to expand our understanding of the application of special knowledge in the criminal proceedings of foreign states, as well as to critically assess the national criminal procedure legislation for the purpose of its further improvement and optimization. Based on the results of the study of the normative acts of Russia and Latvia, certain problematic aspects of the legal regulation of the procedural status of knowledgeable persons in the Russian criminal procedure legislation is noted, and generalizing conclusions are made. criminal proceedings expert auditor specialist expert research prosecutor's office court Law K S. G. Alexeev verfasserin aut In Сибирское юридическое обозрение Omsk Law Academy, 2019 19(2022), 1, Seite 68-90 (DE-627)1760616796 26587610 nnns volume:19 year:2022 number:1 pages:68-90 https://doi.org/10.19073/2658-7602-2022-19-1-68-90 kostenfrei https://doaj.org/article/127811d8e94449af8ac63873d674876e kostenfrei https://www.siberianlawreview.ru/jour/article/view/1710 kostenfrei https://doaj.org/toc/2658-7602 Journal toc kostenfrei https://doaj.org/toc/2658-7610 Journal toc kostenfrei GBV_USEFLAG_A SYSFLAG_A GBV_DOAJ AR 19 2022 1 68-90 |
allfieldsGer |
10.19073/2658-7602-2022-19-1-68-90 doi (DE-627)DOAJ007837232 (DE-599)DOAJ127811d8e94449af8ac63873d674876e DE-627 ger DE-627 rakwb rus B. A. Lukichev verfasserin aut The Production of a Forensic Examination and the Procedural Status of Knowledgeable Persons in Criminal Proceedings in Russia and Latvia 2022 Text txt rdacontent Computermedien c rdamedia Online-Ressource cr rdacarrier The article provides a comparative analysis of legal acts regulating the organization of forensic activities, as well as the legal status of knowledgeable persons in criminal proceedings in Russia and Latvia. Comparative legal analysis of normative acts consists in comparing the prescriptions of legal norms, legislative terms and definitions, allowing one to see the general and special, typical and unique in the regulation of forensic activities, as well as the rights and obligations, the volume and nature of the procedural functions of knowledgeable persons in criminal proceedings Russia and Latvia. The study is carried out on the basis of a comprehensive comparative legal analysis of the latest editions of criminal procedure laws (codes), laws in the field of organizing forensic activities in Russia and Latvia, by-laws, as well as other primary sources, including foreign ones, in the original language. Knowledgeable persons, i.e. persons applying special knowledge in criminal proceedings in Russia, are experts and specialists, in Latvia – experts, auditors and specialists. The legal status of knowledgeable persons in criminal proceedings in Russia and Latvia is largely comparable, but not identical. And, despite the transformation of the criminal procedural legislation of Latvia, in accordance with international legal norms and standards of the European Union, the provision of Soviet law on the use by knowledgeable persons of special knowledge in legal proceedings was preserved in the Latvian criminal process. The Code of Criminal Procedure of Russia classifies an expert and a specialist as other participants in criminal proceedings, that is, persons performing the function of promoting justice. Whereas the Latvian Criminal Procedure Law refers an expert and an auditor to persons having powers in criminal proceedings, a specialist – to other persons involved in criminal proceedings. And, if the expert and the auditor in the Criminal Procedure Law of Latvia are considered as independent participants in the criminal process, then the role of a specialist in legal proceedings is reduced to the level of “auxiliary personnel”. An expert and an auditor, according to the requirements of the Criminal Procedure Law of Latvia, are involved in criminal proceedings to give an opinion and fulfill the obligation to provide evidence, that is, as “means of ensuring judicial evidence”. Specialist – to assist officials performing procedural actions in fixing the progress and results of their conduct, using technical means to identify circumstances relevant to the case, but without conducting practical research in search of traces of a criminal act. The results of the comparative legal analysis of the normative acts regulating the rights, obligations, scope and nature of the procedural functions of knowledgeable persons in the criminal proceedings of Russia and Latvia allow us to expand our understanding of the application of special knowledge in the criminal proceedings of foreign states, as well as to critically assess the national criminal procedure legislation for the purpose of its further improvement and optimization. Based on the results of the study of the normative acts of Russia and Latvia, certain problematic aspects of the legal regulation of the procedural status of knowledgeable persons in the Russian criminal procedure legislation is noted, and generalizing conclusions are made. criminal proceedings expert auditor specialist expert research prosecutor's office court Law K S. G. Alexeev verfasserin aut In Сибирское юридическое обозрение Omsk Law Academy, 2019 19(2022), 1, Seite 68-90 (DE-627)1760616796 26587610 nnns volume:19 year:2022 number:1 pages:68-90 https://doi.org/10.19073/2658-7602-2022-19-1-68-90 kostenfrei https://doaj.org/article/127811d8e94449af8ac63873d674876e kostenfrei https://www.siberianlawreview.ru/jour/article/view/1710 kostenfrei https://doaj.org/toc/2658-7602 Journal toc kostenfrei https://doaj.org/toc/2658-7610 Journal toc kostenfrei GBV_USEFLAG_A SYSFLAG_A GBV_DOAJ AR 19 2022 1 68-90 |
allfieldsSound |
10.19073/2658-7602-2022-19-1-68-90 doi (DE-627)DOAJ007837232 (DE-599)DOAJ127811d8e94449af8ac63873d674876e DE-627 ger DE-627 rakwb rus B. A. Lukichev verfasserin aut The Production of a Forensic Examination and the Procedural Status of Knowledgeable Persons in Criminal Proceedings in Russia and Latvia 2022 Text txt rdacontent Computermedien c rdamedia Online-Ressource cr rdacarrier The article provides a comparative analysis of legal acts regulating the organization of forensic activities, as well as the legal status of knowledgeable persons in criminal proceedings in Russia and Latvia. Comparative legal analysis of normative acts consists in comparing the prescriptions of legal norms, legislative terms and definitions, allowing one to see the general and special, typical and unique in the regulation of forensic activities, as well as the rights and obligations, the volume and nature of the procedural functions of knowledgeable persons in criminal proceedings Russia and Latvia. The study is carried out on the basis of a comprehensive comparative legal analysis of the latest editions of criminal procedure laws (codes), laws in the field of organizing forensic activities in Russia and Latvia, by-laws, as well as other primary sources, including foreign ones, in the original language. Knowledgeable persons, i.e. persons applying special knowledge in criminal proceedings in Russia, are experts and specialists, in Latvia – experts, auditors and specialists. The legal status of knowledgeable persons in criminal proceedings in Russia and Latvia is largely comparable, but not identical. And, despite the transformation of the criminal procedural legislation of Latvia, in accordance with international legal norms and standards of the European Union, the provision of Soviet law on the use by knowledgeable persons of special knowledge in legal proceedings was preserved in the Latvian criminal process. The Code of Criminal Procedure of Russia classifies an expert and a specialist as other participants in criminal proceedings, that is, persons performing the function of promoting justice. Whereas the Latvian Criminal Procedure Law refers an expert and an auditor to persons having powers in criminal proceedings, a specialist – to other persons involved in criminal proceedings. And, if the expert and the auditor in the Criminal Procedure Law of Latvia are considered as independent participants in the criminal process, then the role of a specialist in legal proceedings is reduced to the level of “auxiliary personnel”. An expert and an auditor, according to the requirements of the Criminal Procedure Law of Latvia, are involved in criminal proceedings to give an opinion and fulfill the obligation to provide evidence, that is, as “means of ensuring judicial evidence”. Specialist – to assist officials performing procedural actions in fixing the progress and results of their conduct, using technical means to identify circumstances relevant to the case, but without conducting practical research in search of traces of a criminal act. The results of the comparative legal analysis of the normative acts regulating the rights, obligations, scope and nature of the procedural functions of knowledgeable persons in the criminal proceedings of Russia and Latvia allow us to expand our understanding of the application of special knowledge in the criminal proceedings of foreign states, as well as to critically assess the national criminal procedure legislation for the purpose of its further improvement and optimization. Based on the results of the study of the normative acts of Russia and Latvia, certain problematic aspects of the legal regulation of the procedural status of knowledgeable persons in the Russian criminal procedure legislation is noted, and generalizing conclusions are made. criminal proceedings expert auditor specialist expert research prosecutor's office court Law K S. G. Alexeev verfasserin aut In Сибирское юридическое обозрение Omsk Law Academy, 2019 19(2022), 1, Seite 68-90 (DE-627)1760616796 26587610 nnns volume:19 year:2022 number:1 pages:68-90 https://doi.org/10.19073/2658-7602-2022-19-1-68-90 kostenfrei https://doaj.org/article/127811d8e94449af8ac63873d674876e kostenfrei https://www.siberianlawreview.ru/jour/article/view/1710 kostenfrei https://doaj.org/toc/2658-7602 Journal toc kostenfrei https://doaj.org/toc/2658-7610 Journal toc kostenfrei GBV_USEFLAG_A SYSFLAG_A GBV_DOAJ AR 19 2022 1 68-90 |
language |
Russian |
source |
In Сибирское юридическое обозрение 19(2022), 1, Seite 68-90 volume:19 year:2022 number:1 pages:68-90 |
sourceStr |
In Сибирское юридическое обозрение 19(2022), 1, Seite 68-90 volume:19 year:2022 number:1 pages:68-90 |
format_phy_str_mv |
Article |
institution |
findex.gbv.de |
topic_facet |
criminal proceedings expert auditor specialist expert research prosecutor's office court Law K |
isfreeaccess_bool |
true |
container_title |
Сибирское юридическое обозрение |
authorswithroles_txt_mv |
B. A. Lukichev @@aut@@ S. G. Alexeev @@aut@@ |
publishDateDaySort_date |
2022-01-01T00:00:00Z |
hierarchy_top_id |
1760616796 |
id |
DOAJ007837232 |
language_de |
russisch |
fullrecord |
<?xml version="1.0" encoding="UTF-8"?><collection xmlns="http://www.loc.gov/MARC21/slim"><record><leader>01000caa a22002652 4500</leader><controlfield tag="001">DOAJ007837232</controlfield><controlfield tag="003">DE-627</controlfield><controlfield tag="005">20240414032003.0</controlfield><controlfield tag="007">cr uuu---uuuuu</controlfield><controlfield tag="008">230225s2022 xx |||||o 00| ||rus c</controlfield><datafield tag="024" ind1="7" ind2=" "><subfield code="a">10.19073/2658-7602-2022-19-1-68-90</subfield><subfield code="2">doi</subfield></datafield><datafield tag="035" ind1=" " ind2=" "><subfield code="a">(DE-627)DOAJ007837232</subfield></datafield><datafield tag="035" ind1=" " ind2=" "><subfield code="a">(DE-599)DOAJ127811d8e94449af8ac63873d674876e</subfield></datafield><datafield tag="040" ind1=" " ind2=" "><subfield code="a">DE-627</subfield><subfield code="b">ger</subfield><subfield code="c">DE-627</subfield><subfield code="e">rakwb</subfield></datafield><datafield tag="041" ind1=" " ind2=" "><subfield code="a">rus</subfield></datafield><datafield tag="100" ind1="0" ind2=" "><subfield code="a">B. A. Lukichev</subfield><subfield code="e">verfasserin</subfield><subfield code="4">aut</subfield></datafield><datafield tag="245" ind1="1" ind2="4"><subfield code="a">The Production of a Forensic Examination and the Procedural Status of Knowledgeable Persons in Criminal Proceedings in Russia and Latvia</subfield></datafield><datafield tag="264" ind1=" " ind2="1"><subfield code="c">2022</subfield></datafield><datafield tag="336" ind1=" " ind2=" "><subfield code="a">Text</subfield><subfield code="b">txt</subfield><subfield code="2">rdacontent</subfield></datafield><datafield tag="337" ind1=" " ind2=" "><subfield code="a">Computermedien</subfield><subfield code="b">c</subfield><subfield code="2">rdamedia</subfield></datafield><datafield tag="338" ind1=" " ind2=" "><subfield code="a">Online-Ressource</subfield><subfield code="b">cr</subfield><subfield code="2">rdacarrier</subfield></datafield><datafield tag="520" ind1=" " ind2=" "><subfield code="a">The article provides a comparative analysis of legal acts regulating the organization of forensic activities, as well as the legal status of knowledgeable persons in criminal proceedings in Russia and Latvia. Comparative legal analysis of normative acts consists in comparing the prescriptions of legal norms, legislative terms and definitions, allowing one to see the general and special, typical and unique in the regulation of forensic activities, as well as the rights and obligations, the volume and nature of the procedural functions of knowledgeable persons in criminal proceedings Russia and Latvia. The study is carried out on the basis of a comprehensive comparative legal analysis of the latest editions of criminal procedure laws (codes), laws in the field of organizing forensic activities in Russia and Latvia, by-laws, as well as other primary sources, including foreign ones, in the original language. Knowledgeable persons, i.e. persons applying special knowledge in criminal proceedings in Russia, are experts and specialists, in Latvia – experts, auditors and specialists. The legal status of knowledgeable persons in criminal proceedings in Russia and Latvia is largely comparable, but not identical. And, despite the transformation of the criminal procedural legislation of Latvia, in accordance with international legal norms and standards of the European Union, the provision of Soviet law on the use by knowledgeable persons of special knowledge in legal proceedings was preserved in the Latvian criminal process. The Code of Criminal Procedure of Russia classifies an expert and a specialist as other participants in criminal proceedings, that is, persons performing the function of promoting justice. Whereas the Latvian Criminal Procedure Law refers an expert and an auditor to persons having powers in criminal proceedings, a specialist – to other persons involved in criminal proceedings. And, if the expert and the auditor in the Criminal Procedure Law of Latvia are considered as independent participants in the criminal process, then the role of a specialist in legal proceedings is reduced to the level of “auxiliary personnel”. An expert and an auditor, according to the requirements of the Criminal Procedure Law of Latvia, are involved in criminal proceedings to give an opinion and fulfill the obligation to provide evidence, that is, as “means of ensuring judicial evidence”. Specialist – to assist officials performing procedural actions in fixing the progress and results of their conduct, using technical means to identify circumstances relevant to the case, but without conducting practical research in search of traces of a criminal act. The results of the comparative legal analysis of the normative acts regulating the rights, obligations, scope and nature of the procedural functions of knowledgeable persons in the criminal proceedings of Russia and Latvia allow us to expand our understanding of the application of special knowledge in the criminal proceedings of foreign states, as well as to critically assess the national criminal procedure legislation for the purpose of its further improvement and optimization. Based on the results of the study of the normative acts of Russia and Latvia, certain problematic aspects of the legal regulation of the procedural status of knowledgeable persons in the Russian criminal procedure legislation is noted, and generalizing conclusions are made.</subfield></datafield><datafield tag="650" ind1=" " ind2="4"><subfield code="a">criminal proceedings</subfield></datafield><datafield tag="650" ind1=" " ind2="4"><subfield code="a">expert</subfield></datafield><datafield tag="650" ind1=" " ind2="4"><subfield code="a">auditor</subfield></datafield><datafield tag="650" ind1=" " ind2="4"><subfield code="a">specialist</subfield></datafield><datafield tag="650" ind1=" " ind2="4"><subfield code="a">expert research</subfield></datafield><datafield tag="650" ind1=" " ind2="4"><subfield code="a">prosecutor's office</subfield></datafield><datafield tag="650" ind1=" " ind2="4"><subfield code="a">court</subfield></datafield><datafield tag="653" ind1=" " ind2="0"><subfield code="a">Law</subfield></datafield><datafield tag="653" ind1=" " ind2="0"><subfield code="a">K</subfield></datafield><datafield tag="700" ind1="0" ind2=" "><subfield code="a">S. G. Alexeev</subfield><subfield code="e">verfasserin</subfield><subfield code="4">aut</subfield></datafield><datafield tag="773" ind1="0" ind2="8"><subfield code="i">In</subfield><subfield code="t">Сибирское юридическое обозрение</subfield><subfield code="d">Omsk Law Academy, 2019</subfield><subfield code="g">19(2022), 1, Seite 68-90</subfield><subfield code="w">(DE-627)1760616796</subfield><subfield code="x">26587610</subfield><subfield code="7">nnns</subfield></datafield><datafield tag="773" ind1="1" ind2="8"><subfield code="g">volume:19</subfield><subfield code="g">year:2022</subfield><subfield code="g">number:1</subfield><subfield code="g">pages:68-90</subfield></datafield><datafield tag="856" ind1="4" ind2="0"><subfield code="u">https://doi.org/10.19073/2658-7602-2022-19-1-68-90</subfield><subfield code="z">kostenfrei</subfield></datafield><datafield tag="856" ind1="4" ind2="0"><subfield code="u">https://doaj.org/article/127811d8e94449af8ac63873d674876e</subfield><subfield code="z">kostenfrei</subfield></datafield><datafield tag="856" ind1="4" ind2="0"><subfield code="u">https://www.siberianlawreview.ru/jour/article/view/1710</subfield><subfield code="z">kostenfrei</subfield></datafield><datafield tag="856" ind1="4" ind2="2"><subfield code="u">https://doaj.org/toc/2658-7602</subfield><subfield code="y">Journal toc</subfield><subfield code="z">kostenfrei</subfield></datafield><datafield tag="856" ind1="4" ind2="2"><subfield code="u">https://doaj.org/toc/2658-7610</subfield><subfield code="y">Journal toc</subfield><subfield code="z">kostenfrei</subfield></datafield><datafield tag="912" ind1=" " ind2=" "><subfield code="a">GBV_USEFLAG_A</subfield></datafield><datafield tag="912" ind1=" " ind2=" "><subfield code="a">SYSFLAG_A</subfield></datafield><datafield tag="912" ind1=" " ind2=" "><subfield code="a">GBV_DOAJ</subfield></datafield><datafield tag="951" ind1=" " ind2=" "><subfield code="a">AR</subfield></datafield><datafield tag="952" ind1=" " ind2=" "><subfield code="d">19</subfield><subfield code="j">2022</subfield><subfield code="e">1</subfield><subfield code="h">68-90</subfield></datafield></record></collection>
|
author |
B. A. Lukichev |
spellingShingle |
B. A. Lukichev misc criminal proceedings misc expert misc auditor misc specialist misc expert research misc prosecutor's office misc court misc Law misc K The Production of a Forensic Examination and the Procedural Status of Knowledgeable Persons in Criminal Proceedings in Russia and Latvia |
authorStr |
B. A. Lukichev |
ppnlink_with_tag_str_mv |
@@773@@(DE-627)1760616796 |
format |
electronic Article |
delete_txt_mv |
keep |
author_role |
aut aut |
collection |
DOAJ |
remote_str |
true |
illustrated |
Not Illustrated |
issn |
26587610 |
topic_title |
The Production of a Forensic Examination and the Procedural Status of Knowledgeable Persons in Criminal Proceedings in Russia and Latvia criminal proceedings expert auditor specialist expert research prosecutor's office court |
topic |
misc criminal proceedings misc expert misc auditor misc specialist misc expert research misc prosecutor's office misc court misc Law misc K |
topic_unstemmed |
misc criminal proceedings misc expert misc auditor misc specialist misc expert research misc prosecutor's office misc court misc Law misc K |
topic_browse |
misc criminal proceedings misc expert misc auditor misc specialist misc expert research misc prosecutor's office misc court misc Law misc K |
format_facet |
Elektronische Aufsätze Aufsätze Elektronische Ressource |
format_main_str_mv |
Text Zeitschrift/Artikel |
carriertype_str_mv |
cr |
hierarchy_parent_title |
Сибирское юридическое обозрение |
hierarchy_parent_id |
1760616796 |
hierarchy_top_title |
Сибирское юридическое обозрение |
isfreeaccess_txt |
true |
familylinks_str_mv |
(DE-627)1760616796 |
title |
The Production of a Forensic Examination and the Procedural Status of Knowledgeable Persons in Criminal Proceedings in Russia and Latvia |
ctrlnum |
(DE-627)DOAJ007837232 (DE-599)DOAJ127811d8e94449af8ac63873d674876e |
title_full |
The Production of a Forensic Examination and the Procedural Status of Knowledgeable Persons in Criminal Proceedings in Russia and Latvia |
author_sort |
B. A. Lukichev |
journal |
Сибирское юридическое обозрение |
journalStr |
Сибирское юридическое обозрение |
lang_code |
rus |
isOA_bool |
true |
recordtype |
marc |
publishDateSort |
2022 |
contenttype_str_mv |
txt |
container_start_page |
68 |
author_browse |
B. A. Lukichev S. G. Alexeev |
container_volume |
19 |
format_se |
Elektronische Aufsätze |
author-letter |
B. A. Lukichev |
doi_str_mv |
10.19073/2658-7602-2022-19-1-68-90 |
author2-role |
verfasserin |
title_sort |
production of a forensic examination and the procedural status of knowledgeable persons in criminal proceedings in russia and latvia |
title_auth |
The Production of a Forensic Examination and the Procedural Status of Knowledgeable Persons in Criminal Proceedings in Russia and Latvia |
abstract |
The article provides a comparative analysis of legal acts regulating the organization of forensic activities, as well as the legal status of knowledgeable persons in criminal proceedings in Russia and Latvia. Comparative legal analysis of normative acts consists in comparing the prescriptions of legal norms, legislative terms and definitions, allowing one to see the general and special, typical and unique in the regulation of forensic activities, as well as the rights and obligations, the volume and nature of the procedural functions of knowledgeable persons in criminal proceedings Russia and Latvia. The study is carried out on the basis of a comprehensive comparative legal analysis of the latest editions of criminal procedure laws (codes), laws in the field of organizing forensic activities in Russia and Latvia, by-laws, as well as other primary sources, including foreign ones, in the original language. Knowledgeable persons, i.e. persons applying special knowledge in criminal proceedings in Russia, are experts and specialists, in Latvia – experts, auditors and specialists. The legal status of knowledgeable persons in criminal proceedings in Russia and Latvia is largely comparable, but not identical. And, despite the transformation of the criminal procedural legislation of Latvia, in accordance with international legal norms and standards of the European Union, the provision of Soviet law on the use by knowledgeable persons of special knowledge in legal proceedings was preserved in the Latvian criminal process. The Code of Criminal Procedure of Russia classifies an expert and a specialist as other participants in criminal proceedings, that is, persons performing the function of promoting justice. Whereas the Latvian Criminal Procedure Law refers an expert and an auditor to persons having powers in criminal proceedings, a specialist – to other persons involved in criminal proceedings. And, if the expert and the auditor in the Criminal Procedure Law of Latvia are considered as independent participants in the criminal process, then the role of a specialist in legal proceedings is reduced to the level of “auxiliary personnel”. An expert and an auditor, according to the requirements of the Criminal Procedure Law of Latvia, are involved in criminal proceedings to give an opinion and fulfill the obligation to provide evidence, that is, as “means of ensuring judicial evidence”. Specialist – to assist officials performing procedural actions in fixing the progress and results of their conduct, using technical means to identify circumstances relevant to the case, but without conducting practical research in search of traces of a criminal act. The results of the comparative legal analysis of the normative acts regulating the rights, obligations, scope and nature of the procedural functions of knowledgeable persons in the criminal proceedings of Russia and Latvia allow us to expand our understanding of the application of special knowledge in the criminal proceedings of foreign states, as well as to critically assess the national criminal procedure legislation for the purpose of its further improvement and optimization. Based on the results of the study of the normative acts of Russia and Latvia, certain problematic aspects of the legal regulation of the procedural status of knowledgeable persons in the Russian criminal procedure legislation is noted, and generalizing conclusions are made. |
abstractGer |
The article provides a comparative analysis of legal acts regulating the organization of forensic activities, as well as the legal status of knowledgeable persons in criminal proceedings in Russia and Latvia. Comparative legal analysis of normative acts consists in comparing the prescriptions of legal norms, legislative terms and definitions, allowing one to see the general and special, typical and unique in the regulation of forensic activities, as well as the rights and obligations, the volume and nature of the procedural functions of knowledgeable persons in criminal proceedings Russia and Latvia. The study is carried out on the basis of a comprehensive comparative legal analysis of the latest editions of criminal procedure laws (codes), laws in the field of organizing forensic activities in Russia and Latvia, by-laws, as well as other primary sources, including foreign ones, in the original language. Knowledgeable persons, i.e. persons applying special knowledge in criminal proceedings in Russia, are experts and specialists, in Latvia – experts, auditors and specialists. The legal status of knowledgeable persons in criminal proceedings in Russia and Latvia is largely comparable, but not identical. And, despite the transformation of the criminal procedural legislation of Latvia, in accordance with international legal norms and standards of the European Union, the provision of Soviet law on the use by knowledgeable persons of special knowledge in legal proceedings was preserved in the Latvian criminal process. The Code of Criminal Procedure of Russia classifies an expert and a specialist as other participants in criminal proceedings, that is, persons performing the function of promoting justice. Whereas the Latvian Criminal Procedure Law refers an expert and an auditor to persons having powers in criminal proceedings, a specialist – to other persons involved in criminal proceedings. And, if the expert and the auditor in the Criminal Procedure Law of Latvia are considered as independent participants in the criminal process, then the role of a specialist in legal proceedings is reduced to the level of “auxiliary personnel”. An expert and an auditor, according to the requirements of the Criminal Procedure Law of Latvia, are involved in criminal proceedings to give an opinion and fulfill the obligation to provide evidence, that is, as “means of ensuring judicial evidence”. Specialist – to assist officials performing procedural actions in fixing the progress and results of their conduct, using technical means to identify circumstances relevant to the case, but without conducting practical research in search of traces of a criminal act. The results of the comparative legal analysis of the normative acts regulating the rights, obligations, scope and nature of the procedural functions of knowledgeable persons in the criminal proceedings of Russia and Latvia allow us to expand our understanding of the application of special knowledge in the criminal proceedings of foreign states, as well as to critically assess the national criminal procedure legislation for the purpose of its further improvement and optimization. Based on the results of the study of the normative acts of Russia and Latvia, certain problematic aspects of the legal regulation of the procedural status of knowledgeable persons in the Russian criminal procedure legislation is noted, and generalizing conclusions are made. |
abstract_unstemmed |
The article provides a comparative analysis of legal acts regulating the organization of forensic activities, as well as the legal status of knowledgeable persons in criminal proceedings in Russia and Latvia. Comparative legal analysis of normative acts consists in comparing the prescriptions of legal norms, legislative terms and definitions, allowing one to see the general and special, typical and unique in the regulation of forensic activities, as well as the rights and obligations, the volume and nature of the procedural functions of knowledgeable persons in criminal proceedings Russia and Latvia. The study is carried out on the basis of a comprehensive comparative legal analysis of the latest editions of criminal procedure laws (codes), laws in the field of organizing forensic activities in Russia and Latvia, by-laws, as well as other primary sources, including foreign ones, in the original language. Knowledgeable persons, i.e. persons applying special knowledge in criminal proceedings in Russia, are experts and specialists, in Latvia – experts, auditors and specialists. The legal status of knowledgeable persons in criminal proceedings in Russia and Latvia is largely comparable, but not identical. And, despite the transformation of the criminal procedural legislation of Latvia, in accordance with international legal norms and standards of the European Union, the provision of Soviet law on the use by knowledgeable persons of special knowledge in legal proceedings was preserved in the Latvian criminal process. The Code of Criminal Procedure of Russia classifies an expert and a specialist as other participants in criminal proceedings, that is, persons performing the function of promoting justice. Whereas the Latvian Criminal Procedure Law refers an expert and an auditor to persons having powers in criminal proceedings, a specialist – to other persons involved in criminal proceedings. And, if the expert and the auditor in the Criminal Procedure Law of Latvia are considered as independent participants in the criminal process, then the role of a specialist in legal proceedings is reduced to the level of “auxiliary personnel”. An expert and an auditor, according to the requirements of the Criminal Procedure Law of Latvia, are involved in criminal proceedings to give an opinion and fulfill the obligation to provide evidence, that is, as “means of ensuring judicial evidence”. Specialist – to assist officials performing procedural actions in fixing the progress and results of their conduct, using technical means to identify circumstances relevant to the case, but without conducting practical research in search of traces of a criminal act. The results of the comparative legal analysis of the normative acts regulating the rights, obligations, scope and nature of the procedural functions of knowledgeable persons in the criminal proceedings of Russia and Latvia allow us to expand our understanding of the application of special knowledge in the criminal proceedings of foreign states, as well as to critically assess the national criminal procedure legislation for the purpose of its further improvement and optimization. Based on the results of the study of the normative acts of Russia and Latvia, certain problematic aspects of the legal regulation of the procedural status of knowledgeable persons in the Russian criminal procedure legislation is noted, and generalizing conclusions are made. |
collection_details |
GBV_USEFLAG_A SYSFLAG_A GBV_DOAJ |
container_issue |
1 |
title_short |
The Production of a Forensic Examination and the Procedural Status of Knowledgeable Persons in Criminal Proceedings in Russia and Latvia |
url |
https://doi.org/10.19073/2658-7602-2022-19-1-68-90 https://doaj.org/article/127811d8e94449af8ac63873d674876e https://www.siberianlawreview.ru/jour/article/view/1710 https://doaj.org/toc/2658-7602 https://doaj.org/toc/2658-7610 |
remote_bool |
true |
author2 |
S. G. Alexeev |
author2Str |
S. G. Alexeev |
ppnlink |
1760616796 |
mediatype_str_mv |
c |
isOA_txt |
true |
hochschulschrift_bool |
false |
doi_str |
10.19073/2658-7602-2022-19-1-68-90 |
up_date |
2024-07-03T14:24:30.615Z |
_version_ |
1803568200415182848 |
fullrecord_marcxml |
<?xml version="1.0" encoding="UTF-8"?><collection xmlns="http://www.loc.gov/MARC21/slim"><record><leader>01000caa a22002652 4500</leader><controlfield tag="001">DOAJ007837232</controlfield><controlfield tag="003">DE-627</controlfield><controlfield tag="005">20240414032003.0</controlfield><controlfield tag="007">cr uuu---uuuuu</controlfield><controlfield tag="008">230225s2022 xx |||||o 00| ||rus c</controlfield><datafield tag="024" ind1="7" ind2=" "><subfield code="a">10.19073/2658-7602-2022-19-1-68-90</subfield><subfield code="2">doi</subfield></datafield><datafield tag="035" ind1=" " ind2=" "><subfield code="a">(DE-627)DOAJ007837232</subfield></datafield><datafield tag="035" ind1=" " ind2=" "><subfield code="a">(DE-599)DOAJ127811d8e94449af8ac63873d674876e</subfield></datafield><datafield tag="040" ind1=" " ind2=" "><subfield code="a">DE-627</subfield><subfield code="b">ger</subfield><subfield code="c">DE-627</subfield><subfield code="e">rakwb</subfield></datafield><datafield tag="041" ind1=" " ind2=" "><subfield code="a">rus</subfield></datafield><datafield tag="100" ind1="0" ind2=" "><subfield code="a">B. A. Lukichev</subfield><subfield code="e">verfasserin</subfield><subfield code="4">aut</subfield></datafield><datafield tag="245" ind1="1" ind2="4"><subfield code="a">The Production of a Forensic Examination and the Procedural Status of Knowledgeable Persons in Criminal Proceedings in Russia and Latvia</subfield></datafield><datafield tag="264" ind1=" " ind2="1"><subfield code="c">2022</subfield></datafield><datafield tag="336" ind1=" " ind2=" "><subfield code="a">Text</subfield><subfield code="b">txt</subfield><subfield code="2">rdacontent</subfield></datafield><datafield tag="337" ind1=" " ind2=" "><subfield code="a">Computermedien</subfield><subfield code="b">c</subfield><subfield code="2">rdamedia</subfield></datafield><datafield tag="338" ind1=" " ind2=" "><subfield code="a">Online-Ressource</subfield><subfield code="b">cr</subfield><subfield code="2">rdacarrier</subfield></datafield><datafield tag="520" ind1=" " ind2=" "><subfield code="a">The article provides a comparative analysis of legal acts regulating the organization of forensic activities, as well as the legal status of knowledgeable persons in criminal proceedings in Russia and Latvia. Comparative legal analysis of normative acts consists in comparing the prescriptions of legal norms, legislative terms and definitions, allowing one to see the general and special, typical and unique in the regulation of forensic activities, as well as the rights and obligations, the volume and nature of the procedural functions of knowledgeable persons in criminal proceedings Russia and Latvia. The study is carried out on the basis of a comprehensive comparative legal analysis of the latest editions of criminal procedure laws (codes), laws in the field of organizing forensic activities in Russia and Latvia, by-laws, as well as other primary sources, including foreign ones, in the original language. Knowledgeable persons, i.e. persons applying special knowledge in criminal proceedings in Russia, are experts and specialists, in Latvia – experts, auditors and specialists. The legal status of knowledgeable persons in criminal proceedings in Russia and Latvia is largely comparable, but not identical. And, despite the transformation of the criminal procedural legislation of Latvia, in accordance with international legal norms and standards of the European Union, the provision of Soviet law on the use by knowledgeable persons of special knowledge in legal proceedings was preserved in the Latvian criminal process. The Code of Criminal Procedure of Russia classifies an expert and a specialist as other participants in criminal proceedings, that is, persons performing the function of promoting justice. Whereas the Latvian Criminal Procedure Law refers an expert and an auditor to persons having powers in criminal proceedings, a specialist – to other persons involved in criminal proceedings. And, if the expert and the auditor in the Criminal Procedure Law of Latvia are considered as independent participants in the criminal process, then the role of a specialist in legal proceedings is reduced to the level of “auxiliary personnel”. An expert and an auditor, according to the requirements of the Criminal Procedure Law of Latvia, are involved in criminal proceedings to give an opinion and fulfill the obligation to provide evidence, that is, as “means of ensuring judicial evidence”. Specialist – to assist officials performing procedural actions in fixing the progress and results of their conduct, using technical means to identify circumstances relevant to the case, but without conducting practical research in search of traces of a criminal act. The results of the comparative legal analysis of the normative acts regulating the rights, obligations, scope and nature of the procedural functions of knowledgeable persons in the criminal proceedings of Russia and Latvia allow us to expand our understanding of the application of special knowledge in the criminal proceedings of foreign states, as well as to critically assess the national criminal procedure legislation for the purpose of its further improvement and optimization. Based on the results of the study of the normative acts of Russia and Latvia, certain problematic aspects of the legal regulation of the procedural status of knowledgeable persons in the Russian criminal procedure legislation is noted, and generalizing conclusions are made.</subfield></datafield><datafield tag="650" ind1=" " ind2="4"><subfield code="a">criminal proceedings</subfield></datafield><datafield tag="650" ind1=" " ind2="4"><subfield code="a">expert</subfield></datafield><datafield tag="650" ind1=" " ind2="4"><subfield code="a">auditor</subfield></datafield><datafield tag="650" ind1=" " ind2="4"><subfield code="a">specialist</subfield></datafield><datafield tag="650" ind1=" " ind2="4"><subfield code="a">expert research</subfield></datafield><datafield tag="650" ind1=" " ind2="4"><subfield code="a">prosecutor's office</subfield></datafield><datafield tag="650" ind1=" " ind2="4"><subfield code="a">court</subfield></datafield><datafield tag="653" ind1=" " ind2="0"><subfield code="a">Law</subfield></datafield><datafield tag="653" ind1=" " ind2="0"><subfield code="a">K</subfield></datafield><datafield tag="700" ind1="0" ind2=" "><subfield code="a">S. G. Alexeev</subfield><subfield code="e">verfasserin</subfield><subfield code="4">aut</subfield></datafield><datafield tag="773" ind1="0" ind2="8"><subfield code="i">In</subfield><subfield code="t">Сибирское юридическое обозрение</subfield><subfield code="d">Omsk Law Academy, 2019</subfield><subfield code="g">19(2022), 1, Seite 68-90</subfield><subfield code="w">(DE-627)1760616796</subfield><subfield code="x">26587610</subfield><subfield code="7">nnns</subfield></datafield><datafield tag="773" ind1="1" ind2="8"><subfield code="g">volume:19</subfield><subfield code="g">year:2022</subfield><subfield code="g">number:1</subfield><subfield code="g">pages:68-90</subfield></datafield><datafield tag="856" ind1="4" ind2="0"><subfield code="u">https://doi.org/10.19073/2658-7602-2022-19-1-68-90</subfield><subfield code="z">kostenfrei</subfield></datafield><datafield tag="856" ind1="4" ind2="0"><subfield code="u">https://doaj.org/article/127811d8e94449af8ac63873d674876e</subfield><subfield code="z">kostenfrei</subfield></datafield><datafield tag="856" ind1="4" ind2="0"><subfield code="u">https://www.siberianlawreview.ru/jour/article/view/1710</subfield><subfield code="z">kostenfrei</subfield></datafield><datafield tag="856" ind1="4" ind2="2"><subfield code="u">https://doaj.org/toc/2658-7602</subfield><subfield code="y">Journal toc</subfield><subfield code="z">kostenfrei</subfield></datafield><datafield tag="856" ind1="4" ind2="2"><subfield code="u">https://doaj.org/toc/2658-7610</subfield><subfield code="y">Journal toc</subfield><subfield code="z">kostenfrei</subfield></datafield><datafield tag="912" ind1=" " ind2=" "><subfield code="a">GBV_USEFLAG_A</subfield></datafield><datafield tag="912" ind1=" " ind2=" "><subfield code="a">SYSFLAG_A</subfield></datafield><datafield tag="912" ind1=" " ind2=" "><subfield code="a">GBV_DOAJ</subfield></datafield><datafield tag="951" ind1=" " ind2=" "><subfield code="a">AR</subfield></datafield><datafield tag="952" ind1=" " ind2=" "><subfield code="d">19</subfield><subfield code="j">2022</subfield><subfield code="e">1</subfield><subfield code="h">68-90</subfield></datafield></record></collection>
|
score |
7.400403 |