Kutuev Eldar biography

It is determined by the fact that annually in the conditions of isolation from society, hundreds of thousands of Russian citizens are contained, who are suspects, accused and defendants, but not convicted, whose guilt is proved in the manner prescribed by law and found the court verdict that has entered into legal force. Meanwhile, the share of acquittals, including in relation to persons in custody in the pre -trial detention center, is slowly, but constantly growing.

The social significance of the problems of detention and detention urgently requires the regular appeal of researchers to these issues in connection with the progressive development of civil society and a change in the ideological, political, socio-economic, legal and other conditions of the Russian state. The relevance of studying the problems considered in the dissertation is also due to the fact that in accordance with Art.

It is known what significance the international community gives the observance of the rights and freedoms of man and citizen. Therefore, a number of international documents are devoted to the issues of dealing with persons detained or deprived of freedom. It is clear that the analysis of relevant problems must be carried out taking into account the norms of international law. In this dissertation study, an attempt was made to a comprehensive study and the process of detention, and the process of detention.

The work is analyzed by issues related to the legal nature of the special law “On the detention of suspects and accused of committing crimes”; conditions, grounds and procedural procedure for the election of a preventive measure in the form of detention; the historical development of legal regulation of detention; legal position of persons detained; the conditions and regime of the detention of suspects, accused and defendants in investigative insulators.

Analysis of interconnected problems of detention and detention in the complex allows us to draw the following brief conclusions.

The Federal Law “On the detention of suspects and accused of committing crimes” and, therefore, the content of detention, have a procedural nature, since the Mead and, accordingly, criminal procedure legislation and detention, there are relationships, functioning and coordination. This law acts as a legal mechanism that ensures the implementation of the norms of criminal procedure legislation.

The legality and validity of detention are determined by the legality and validity of the election of a preventive measure in the form of detention, which can be achieved only if there are conditions and grounds established by law for the application of a preventive measure. Among the conditions, it is necessary to distinguish general and special, and among the general-criminal law, material procedure and procedural.

The general conditions include: and the presence of an initiated criminal case; b, the presence of powers from the body or official of powers to choose a preventive measure; in attracting a person as an accused; G in the sanction of an article of the Criminal Code for a term of more than one year; d the presence in the case of evidence of the guilt of the suspect or the accused; It is the presence in the case of a decision on the election of a preventive measure in the form of detention authorized by the prosecutor.

Special conditions are the charges of the suspect to extend the deadline for him and in the presence of certain categories of citizens of one or another immunity. All general conditions relate to the actual procedural, with the exception of the availability of indictment. Evidence of guilt constitute a material and procedural condition. The actual conditions actually are the grounds for taking persons in custody.

The criminal legal conditions of detention are known: the achievement of the age of criminal liability and the seniority of the person. The basis for applying a preventive measure in all cases is the presence of sufficient data to believe that the accused will be hidden from the investigation and the court, or prevent the establishment! The base should be established with reliability, and the possible consequences provided for in the law are only with one degree or another.

Neither accusatory evidence, nor the grounds for the detention of the suspect Art. The list of crimes listed in the part of the legality and validity of the detention is determined by compliance with not only the conditions and grounds for the election of a preventive measure, but also the terms of detention and the procedure for their extension established by law.

The deadline for detention, equal to one and a half years, is too large, and the possibility of its extension by the court up to two years contradicts the trends of democratization and humanization of criminal proceedings. The provisions of Art.The terms of detention of the defendants, the cases of the crimes of which are in the court proceedings, have not been established, which sharply negatively affects the terms of the trial.

The opposite point of view does not comply with the norms of the current legislation because it is unacceptable to identify the deadlines for the proceedings of certain judicial actions, for example, making a decision in the appointment of a court session with the terms of detention. An analysis of the historical aspects of the development of legal regulation of detention and the practice of execution of preliminary conclusion showed that the first attempts to reform the specified area of ​​activity were made by Ekaterina the Great, who developed a project of a general prison charter, whose ideas about the separate detention of detainees, their seizures in the cells, two or three people have not lost their relevance to the present.

In the periodization of the development of legal regulation of the detention and institutions of preliminary imprisonment, five stages should be distinguished: the first years; The second years, the third years, the fourth years and the fifth from the year to the present. The detention of suspects, accused and defendants in specially intended for this institutions determines the appearance of a special status - the status of a person contained in custody.

This status is characterized by certain law enforcements, determined primarily by the presence of the detention regime. Laws should be imposed only with the aim of solving the problems of criminal proceedings and the prevention of the consequences provided for in Art. Depending on the possibilities of the exercise of general civil rights and obligations in the investigative insulators, they are divided into three groups in the literature: 1.

In our opinion, the regime of detention of persons as a preventive measure is established by the norms of the Constitution of the Russian Federation, the Federal Law “On the Content of the Suspects and Crowns of Crimes of Crimes”, criminal-procedural and limited limits Criminal-executive legislation the way of their life in the investigative insulator, which is determined by isolation from the company, separate placement by the cameras, the protection of these persons, the supervision of them, the internal schedule of the day, the legal position of the suspects, accused and the defendants, due to law enforcements, and the legal position of the administration of the preliminary imprisonment and its employees.

The elements of the detention regimen are isolation from society, separate placement in cameras, protection, supervision, internal daily routine, legal status of persons detained, legal status of the administration and employees of the investigative insulator. The current state of the conditions of detention is determined by the material, food, food, and sanitary support of persons detained.

An analysis of legislative and by -laws that regulate detention and detention and familiarization with the current state of detention of detention suggests that if the legal regulation of the public relations under consideration as a whole meets the norms of international law and morality, then the practice of its application in the places of preliminary imprisonment into custody contradicts both international legislation, as well as moral standards.

The conditions of detention need an early improvement and bringing them in accordance with the norms of domestic and international legislation. For this, it is necessary to take measures to improve criminal procedure legislation, change the practice of choosing a preventive measure in the form of imprisonment, resuscitation of the federal program for the construction of new and reconstruction of existing investigative insulators - the main places of the detention of suspects, accused and defendants.

The study of interconnected problems of detention and detention indicates that they need special study and are waiting for their researchers to have problems associated with the legal position of employees of investigative insulators and their superiors, the essence and content of individual elements of the detention regime, the grounds and conditions of the use of physical force, special tools, gas and firearms, and some other problems.

List of literature of the dissertation research candidate of legal sciences Kutuev, Eldar Karimovich, year 1. Normative acts and their projects. The Constitution of the Russian Federation. Civil Code of the Russian Federation. Parts One and the second. Report of the UN Secretary General "Alternatives to imprisonment and measures to return offenders to society." Work document of the UN Congress for Crime prevention and handlers.

Milan, Italy, Law of the Russian Federation of April 18The working document of the Fifth Congress of the UN to prevent crime and the treatment of offenders. Criminal Executive Code of the Russian Federation. Criminal Code of the Russian Federation. Special literature. Alekseev S. General theory of law. A course in two volumes. Alekseev N. Leninist ideas in criminal proceedings the stage of preliminary investigation.

Andreev V. Preliminary detention in investigative insulators: the practice of execution and the problem of improvement. Artamonov V. Science of Soviet correctional labor law. Astashenkov V. Striving and preliminary investigation of cases of minors. Volgograd, Akhpanov A. measures of procedural coercion: social value, theory and practice of application. Karaganda, Bakaev D.

Activities of the district, city prosecutor to authorize the arrest of the accused. Kharkov, prosecutor supervision of the legality of the arrest of the accused. Batyuk V. Detention and detention in the stage of preliminary investigation. Kyiv, Belozerov Yu. Ensuring the rights and legitimate interests of the individual at the stage of initiating criminal proceedings. Belyaev N.

The goals of punishment and means of achieving them. Criminal law policy and ways to implement it. Bekeshko S. suspect in the Soviet criminal process. Minsk, Bibilo in N. The constitutional principles of justice and their implementation in the stage of execution of the sentence. Bozhev V. Criminal procedure legal relations. Bugylin V. The constitutional foundations of the legal status of the individual.

Vandyshev V. Criminal process. The initiation of criminal cases of crimes committed by police officers. Vandyshev in V. Fundamentals of criminal proceedings. Vasiliev A. The regime in forced labor institutions. Viktorov B.