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Ivanov, Dmitriy
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Classification of Circumstances that Contributed to the Commission of a Crime in the Legislation of the Russian Federation Volkova, Galina; Ivanov, Dmitriy; Vasyukov, Vitaliy; Polyakov, Sergey; Batyukova, Vera
Jurnal Cita Hukum Vol 12, No 2 (2024)
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v12i2.39698

Abstract

In the article, the authors consider the most pressing issues related to the classification of circumstances that contributed to the commission of a crime in Russian legislation. It is established that the factors that make it possible to classify the above circumstances are: the identity of the suspect (accused); the living conditions and upbringing of the person who committed the crime; the circle of communication of the person who committed the crime; the circumstances of the origin of criminal intent; the circumstances that made it possible to achieve criminal goals; circumstances of an objective nature, the totality of which allows you to commit a specific crime; the absence of preventive measures and preventive work in the presence of appropriate conditions. The authors substantiate the position that the considered factors, according to which the classification of the circumstances under study was carried out, are conditional and are not exhaustive in their essence. At the same time, the classification of the circumstances under consideration by the authors allows the head of the investigative body and the investigator to correctly and competently plan their daily activities aimed at identifying, proving and eliminating them. In conclusion, the authors conclude that the classification of circumstances that contributed to the commission of a crime is necessary to build an algorithm of actions to identify, prove and eliminate them at all stages of pre-trial proceedings in criminal cases. Only when all three dominants are achieved (identification, proof, elimination) will the goals of criminal proceedings be achieved.
Information Support of Procedural Activities to Prove Moral Damage in Pre-Trial Proceedings Ivanov, Dmitriy; Pcholovsky, Nikolay; Makeev, Alexey; Vasyukov, Vitaliy; Skachko, Anna
Jurnal Cita Hukum Vol. 13 No. 2 (2025): Summer Edition
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v13i2.47105

Abstract

This article explores the procedure for establishing the facts of moral harm resulting from criminally punishable acts during pre-trial criminal proceedings. The study employs a qualitative research method with a normative-juridical and descriptive-analytical approach, drawing upon legal documents, statutory provisions, and expert opinions to analyze how investigators and inquiry officers handle moral damage claims. Through qualitative content analysis of case files, legal frameworks, and interview data with practitioners, the study identifies procedural gaps and best practices in ensuring justice for victims. It has been demonstrated that investigators and inquiry officers must clearly explain the victim’s right to file a civil claim, take appropriate measures to secure compensation, and provide guidance on evidence collection. The article also analyzes criteria for assessing moral damage, emphasizing the importance of documenting both the psychological and emotional consequences of criminal acts. The findings affirm the necessity of mandatory documentary proof to substantiate claims of moral harm. Moreover, the proactive role of investigators in gathering and attaching supporting documents to case files is essential, as it establishes the legal basis for courts to award fair monetary compensation proportional to the moral suffering endured by victims. REFERENCES: Burdov v. the Russian Federation (No. 2) (complaint No. 33509/04): Ruling of the European Court of Human Rights, Strasbourg, January 15, 2009. (2009). In O. A. Sadovskaya, & A. I. Ryzhov (Comp.), Case law of the European Court of Human Rights in relation to Russia: Collection of selected decisions and decisions of the ECHR for Russian judges: in 2 vols. Vol. 2. Nizhny Novgorod: Komitet protiv pytok. Chechel, G. I. (2013). Preduprezhdeniye prestupleniy – osnova zashchity interesov obshchestva [Prevention of crimes is the basis of society's interests’ defense]. Society and Law. No. 3(45), 176-180. Erofeev, S. V., & Erofeeva, A. S. (2005). Meditsinskiye i yuridicheskiye aspekty problemy vozmeshcheniya moral'nogo vreda v svyazi s povrezhdeniyem zdorov'ya i prichineniyem smerti [Medical and legal aspects of the problem of compensation for moral damage in connection with damage to health and causing death]. In Yu. D. Sergeev (Ed.), Scientific works of the II All-Russian Congress (National Congress) on medical law, Moscow, Russia, April 13-15, 2005: Collection of scientific articles. Moscow: National Medical Law Association. Grinenko, A. V. (2001). Sistema printsipov ugolovnogo protsessa i yeye realizatsiya na dosudebnykh stadiyakh [The system of principles of criminal procedure and its implementation at the pre-trial stages]: Diss. ...Doct. Jurid. Sciences. Voronezh State University, Voronezh. Gritsenko, E. N. (2005). Moral'nyy vred kak posledstviye prestupleniy protiv zhizni i zdorov'ya [Moral harm as a consequence of crimes against life and health]: Abstract. Diss. ...Cand. Jurid. Sciences. People’s Friendship University of Russia, Moscow. Kanaev v. the Russian Federation (complaint No. 43726/02): Ruling of the European Court of Human Rights, Strasbourg, July 27, 2006. (2009). In O. A. Sadovskaya, & A. I. Ryzhov (Comp.), Case law of the European Court of Human Rights in relation to Russia: Collection of selected decisions and decisions of the ECHR for Russian judges: in 2 vols. Vol. 1. Nizhny Novgorod: Komitet protiv pytok. Khasanshina, R. G. (2014). Sushchnost' i znacheniye vozmeshcheniya vreda poterpevshemu pri prinyatii protsessual'nykh resheniy po ugolovnym delam [The essence and significance of compensation for harm to the victim when making procedural decisions in criminal cases]: Diss. ...Cand. Jurid. Sciences. South Ural State University, Kazan. Komarov, I. M., & Potetinov, V. A. (2016). Problemnyye aspekty kompensatsii moral'nogo vreda v poryadke reabilitatsii [Problematic issues of compensation for moral damage in the order of rehabilitation]. Criminalist's library. Scientific Journal. No. 4(27), 59-69. Kopik, M. I. (2014). Kompensatsiya moral'nogo vreda zhertvam terrorizma [Compensation for moral damage to victims of terrorism]: Diss. ...Cand. Jurid. Sciences. Volgograd State University, Volgograd. Krivoshchekov, N. V. (2008). Grazhdanskiy isk v ugolovnom sudoproizvodstve [Civil suit in criminal proceedings]: Monograph. Tyumen: Tyumen Law Institute of the Ministry of Internal Affairs of the Russian Federation. Krylov, E. N. (2016). Chto nuzhno znat' o kompensatsii moral'nogo vreda poterpevshemu [What you need to know about compensation for moral damage to the victim]. Criminal Procedure. Vol. 9, No. 141, 32-43. Kurkina, N. V. (2011). Legal basis and practical regulation of criminal procedural activities of the police for compensation of moral damage. In A. V. Grinenko (Ed.), Criminal, criminal procedural and penal enforcement legislation (current state and directions of improvement): Collection of works of participants of the All-Russian Scientific and Practical Conference, Moscow, Russia, April 13-14, 2011. Moscow: Publishing House of Moscow State University. Melnikov, V. Yu. (2014). Obespecheniye i zashchita prav cheloveka pri primenenii mer protsessual'nogo prinuzhdeniya v dosudebnom proizvodstve Rossiyskoy Federatsii [Ensuring and protecting human rights when applying procedural coercion measures in pre-trial proceedings of the Russian Federation]: Diss. Doct. Jurid. Sciences. People’s Friendship University of Russia, Moscow. Nadyseva, E. H. (2014). Ugolovno-protsessual'nyye aspekty problemy vozmeshcheniya vreda, prichinonnogo prestupleniyem [Criminal procedure aspects of the problem of compensation for criminally caused damage]. Bulletin of the Moscow State Regional University. Series: Jurisprudence. No. 4, 88-94. Nguyen, V. T., Pushkarev, V. V., Tokareva, E. V., Makeev, A. V., & Shepeleva, O. R. (2021). Compensation for damage caused by a crime in the socialist Republic of Vietnam and the Russian Federation. Journal Cita Hukum. Vol. 9, No. 2, 211-220. https://doi.org/10.15408/jch.v9i2.21738 Ostankov, S. M. (2007). Features of compensation for moral damage in criminal proceedings. In the Thematic "round tables" of the NOXIS of the Moscow University of the Ministry of Internal Affairs of Russia (2006-2007). Moscow: Moscow University of the Ministry of Internal Affairs of Russia. Plenum of the Supreme Court of the Russian Federation. (2013). Resolution of June 27, 2013, No. 19 “On the application by courts of legislation regulating the grounds and procedure for exemption from criminal liability” (as amended by resolution of the Plenum of the Supreme Court of the Russian Federation of November 15, 2016, No. 48). Retrieved from https://www.vsrf.ru/documents/own/8350/ Pushkarev, V. V., Fadeev, P. V., Khmelev, S. A., Van Tien, N., Trishkina, E. A., & Tsviliy-Buklanova, A. A. (2019). Crimes in the Military-Industrial Complex (MIC). International Journal of Recent Technology and Engineering. Vol. 8, No. 3, 7950-7952. https://doi.org/10.35940/ijrte.C6635.098319 Pushkarev, V. V., Poselskaya, L. N., Skachko, A. V., Tarasov, A. V., & Mutalieva, L. S. (2021). Criminal prosecution of persons who have committed crimes in the banking sector. Cuestiones Políticas. Vol. 39, No. 69, 395-406. https://doi.org/10.46398/cuestpol.3969.25 Pushkarev, V. V., Skachko, A. V., Gaevoi, A. I., Vasyukov, V. F., & Alimamedov, E. N. (2022). Managing the investigation of cryptocurrency crimes in the Russian Federation. Revista Electrónica de Investigación en Ciencias Económicas. Vol. 10, No. 19, 111-125. Savkina, M. A. (2014). Otvetstvennost' gosudarstva pered poterpevshimi ot prestupleniya i mekhanizm kompensatsii ushcherba [The responsibility of the state to the victim of a crime and the mechanism of compensation for damage]. Rossiyskaya yustitsiya. No. 5, 48-50. Shipshin, S. S. (2021). Production of a forensic psychological examination. Bulletin of the Ministry of Justice of the Russian Federation. No. 4, 115-118. State Duma of the Federal Assembly of the Russian Federation. (1996). Criminal Code of the Russian Federation of June 13, 1996, No. 63-FZ. Retrieved from http://pravo.gov.ru/proxy/ips/?docbody&nd=102041891&ysclid=lxmd9ifewk474600514 State Duma of the Federal Assembly of the Russian Federation. (2001). Code of Criminal Procedure of the Russian Federation of December 18, 2001, No. 174-FZ. Retrieved from http://pravo.gov.ru/proxy/ips/?docbody=&nd=102073942&ysclid=lxmcyu7jfo490204262 Tarnavsky, O. A., & Kurbatova, A. V. (2011). Vozmeshcheniye vreda poterpevshemu: vzglyad na rossiyskiye problemy cherez prizmu opyta zarubezhnykh stran [Compensation for damage to the victim: A look at Russian gaps through the prism of the experience of foreign countries]. Gaps in Russian Legislation. No. 6, 226-230. Teterina, T. V. (2004). Problemy obespecheniya imushchestvennykh, inykh prav i zakonnykh interesov poterpevshego v ugolovnom protsesse [Problems of ensuring property, other rights and legitimate interests of the victim in criminal proceedings]: Diss. ...Cand. Jurid. Sciences. Nizhny Novgorod Academy of the Ministry of Internal Affairs of the Russian Federation, Nizhny Novgorod. Vereshchagina, A. V. (2013). O faktorakh, vliyayushchikh na razmer kompensatsii moral'nogo vreda, prichinonnogo nezakonnymi deystviyami doznavatelya, sledovatelya, prokurora i suda v khode osushchestvleniya ugolovnogo sudoproizvodstva (na materialakh sudebnoy praktiki) [On the factors affecting the amount of compensation for moral damage caused by illegal actions of the investigator, investigator, prosecutor, and court during criminal proceedings (based on the materials of judicial practice)]. State and Law. No. 4, 46-55. Vladimirova, V. V. (2005). Compensation for moral damage in cases of crimes that caused the death of a person. Criminal Process. No. 11, 59-64. Zvereva, Yu. N. (2015). Dokazyvaniye kharaktera i razmera vreda, prichinennogo prestupleniyem [Proving the nature and extent of the harm caused by the crime]: Diss. ...Cand. Jurid. Sciences. Nizhny Novgorod Academy of the Ministry of Internal Affairs of the Russian Federation, Nizhny Novgorod.
The Investigator’s Actions to Compensate for the Harm Caused by the Crime in Determining the Form of Terminating the Preliminary Investigation Ivanov, Dmitriy; Potapov, Vasily; Vasyukov, Vitaliy; Artemova, Valeriia; Alimamedov, Elmir
Jurnal Cita Hukum Vol. 11 No. 2 (2023)
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v11i2.34006

Abstract

Investigations into the termination of preliminary criminal investigations traditionally encompass two forms: closing a criminal case and concluding the preliminary investigation through an indictment for prosecutor transfer. Prior research has examined these processes, emphasizing the importance of procedural correctness and legal compliance. However, existing studies fall short in elucidating the investigator's actions concerning harm compensation during preliminary investigation termination. The purpose of this study was to explore the investigator's actions to ensure compensation for harm caused by a criminally punishable act during the termination of the preliminary investigation. The authors employed a holistic approach, including the general scientific method, systematic analysis, synthesis, and comparative legal analysis. The results revealed that regardless of the form of termination, measures for compensating victims of criminal acts must be taken. These include appealing against unlawful decisions, and preparing claims for rights protection and compensation in civil proceedings. Compensation for harm remains a priority throughout pre-trial proceedings, even after termination.
Termination of a Criminal Case (Criminal Prosecution) Due to the Imposition of a Court Fine Volevodz, Alexander; Ivanov, Dmitriy; Polyakov, Sergey; Bezryadin, Viktor; Alyshkin, Vladislav
Jurnal Cita Hukum Vol. 11 No. 2 (2023)
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v11i2.34007

Abstract

Criminal cases in Russia often hinge on a critical decision during the preliminary investigation stage: whether to proceed to trial or terminate the case. While various grounds for termination exist, one central condition revolves around the compensation or reparation for harm caused by the crime. This article examines the termination of criminal cases through court fines to compensate for the damage caused by crimes. The research utilizes the general scientific method of cognition for detailed examination and analysis, the systematic approach method for procedural considerations, and methods of analysis and synthesis to identify law enforcement challenges. The study systematically analyses the legal provisions and judicial practices related to imposing court fines since 2016. Results indicate that total compensation for harm is crucial for applying termination grounds under Article 25.1 of the Criminal Procedure Code. Voluntary harm compensation often leads to the termination of criminal cases, effectively preventing the creation of a criminal record for the accused.
Restitution as a Prerequisite for Case Termination: Analyzing Conditional Exoneration in Russian Criminal Procedure Grinenko, Aleksandr; Ivanov, Dmitriy; Kleshchina, Elena; Alyshkin, Vladislav; Bezryadin, Viktor
Jurnal Cita Hukum Vol. 12 No. 1 (2024)
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v12i1.37741

Abstract

In this scholarly article, the researchers methodically examine the protocols involved in discontinuing criminal cases through the conciliation of the involved parties, as well as ceasing criminal prosecution on the grounds of active contrition, contingent upon the pivotal requirement of recompensing the damage inflicted by the criminal act. The study substantiates that the investigator, or the individual responsible for the preliminary inquiry, bears the mandatory duty to ascertain, via investigative measures, that the injury wrought by the criminal offence has been comprehensively redressed. The authors delineate that the transcript of the victim's interrogation is the most prevalent procedural document, signifying that the conciliation procedures are mutually satisfactory, voluntary, and indicative of the parties' willingness and preparedness to reconcile. Conclusively, the authors infer that exemption from criminal accountability and the consequent cessation of the criminal case, predicated upon reconciliation or earnest remorse, is contingent upon the substantiated evidence of actual compensation for the harm engendered by the criminally punishable deed.
Comparative Legal Analysis of the Use of Electronic Format of Criminal Cases and the Procedure under the Code of Criminal Procedure of the Russian Federation Ivanov, Dmitriy; Grinenko, Aleksandr; Fadeev, Pavel; Ermakov, Sergey; Antimonova, Svetlana
Jurnal Cita Hukum Vol. 12 No. 2 (2024)
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v12i2.39691

Abstract

The article deals with the foreign experience of digitalisation in the preliminary investigation. Conservative views of law enforcers and legislators on this issue dominate the Russian Federation. There are only small steps towards digitalising preliminary investigations in our country. At the same time, it has been established that the introduction of various information systems and automated workstations into practice, which was supposed to create a unified system and network of broad coverage, has not happened due to the lack of a unified request from the system of investigative bodies and technical capabilities, as well as lack of an urgent need for changes in the working procedure on the part of investigators and interrogators. In conclusion, the authors conclude that there are currently only minor steps towards digitalisation of pre-trial investigations and creating an electronic format for criminal cases in the Russian Federation. However, the rapidly developing information and telecommunication technologies will also do their job in this aspect, which will lead to the creation and successful testing of the topic studied by the authors.
Classification of Circumstances that Contributed to the Commission of a Crime in the Legislation of the Russian Federation Volkova, Galina; Ivanov, Dmitriy; Vasyukov, Vitaliy; Polyakov, Sergey; Batyukova, Vera
Jurnal Cita Hukum Vol. 12 No. 2 (2024)
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v12i2.39698

Abstract

In the article, the authors consider the most pressing issues related to the classification of circumstances that contributed to the commission of a crime in Russian legislation. It is established that the factors that make it possible to classify the above circumstances are: the identity of the suspect (accused); the living conditions and upbringing of the person who committed the crime; the circle of communication of the person who committed the crime; the circumstances of the origin of criminal intent; the circumstances that made it possible to achieve criminal goals; circumstances of an objective nature, the totality of which allows you to commit a specific crime; the absence of preventive measures and preventive work in the presence of appropriate conditions. The authors substantiate the position that the considered factors, according to which the classification of the circumstances under study was carried out, are conditional and are not exhaustive in their essence. At the same time, the classification of the circumstances under consideration by the authors allows the head of the investigative body and the investigator to correctly and competently plan their daily activities aimed at identifying, proving and eliminating them. In conclusion, the authors conclude that the classification of circumstances that contributed to the commission of a crime is necessary to build an algorithm of actions to identify, prove and eliminate them at all stages of pre-trial proceedings in criminal cases. Only when all three dominants are achieved (identification, proof, elimination) will the goals of criminal proceedings be achieved.
Co-Authors Alimamedov, Elmir Alyshkin, Vladislav Antimonova, Svetlana Artemova, Valeriia Batyukova, Vera Bezryadin, Viktor Ermakov, Sergey Fadeev, Pavel Grinenko, Aleksandr Kleshchina, Elena Makeev, Alexey Pcholovsky, Nikolay Polyakov, Sergey Potapov, Vasily Skachko, Anna Vasyukov, Vitaliy Volevodz, Alexander Volkova, Galina