| Autor: |
Vladimir V. Sverchkov |
| Jazyk: |
angličtina |
| Rok vydání: |
2019 |
| Předmět: |
|
| Zdroj: |
Aktualʹnye Problemy Èkonomiki i Prava, Vol 13, Iss 3, Pp 1404-1411 (2019) |
| ISSN: |
2410-0390 |
| Popis: |
Objective to identify the causes of mistakes and quasimistakes in applying criminal law to establish consequences of unsubstantiated illegal lawenforcement decisions made by interrogators investigators prosecutors and judges due to mistakes and quasimistakes to elaborate proposals aimed at preventing these mistakes and quasimistakes. Methods analytical dialectical dogmatic documentary logical practical and systematic. Results the concepts of ldquomistake in applying criminal lawrdquo and ldquoquasimistake in applying criminal lawrdquo are defined the causes of the mentioned mistakes and quasimistakes are identified the most harmful consequences are identified which are related to unsubstantiated illegal lawenforcement decisions made by interrogators investigators prosecutors and judges due to mistakes and quasimistakes at lawenforcement and managerial levels of implementing the criminal legal policy of the state the proposals are formulated to enshrine in the legislation the duty of the law enforcement officer to be responsible for a mistake or quasimistake in decisionmaking and for the negative consequences that have arisen as well as the proposal to exclude such a duty due to objective circumstances. Scientific novelty the article for the first time a defines the concept of ldquoa mistake in applying criminal lawrdquo as a neglect in the investigative and judicial practice inaccuracy distortion flaw when classifying a deed under the criminal law as well as when using the criminal legal measures. Also b the author gives the definition of ldquoa quasimistake in applying criminal lawrdquo as a deliberate making of an illegal unsubstantiated decision. The reasons of the mentioned mistakes or quasimistakes are identified a complexity of the specific situations that must be overcome by applying the criminal law b low professional level of law enforcers c negligence in carrying out the investigationjudicial proceedings due to personal qualities disruption of work excessive workload d impact on decision making of conjuncture circumstances opinionsorders of the lawenforcement bodyrsquos authority other officials or other persons. The most harmful consequences of unsubstantiated illegal lawenforcement decisions made by lawenforcers due to mistakes and quasimistakes are identified a devaluation of the criminal law b degradation of the investigative and judicial system c the loss of peoplersquos faith in the validity of the state authoritiesrsquo decisions decency of the authorities and justice. Practical significance the main provisions and conclusions should be used to improve the investigative and judicial activities at lawenforcement and managerial levels when implementing the criminal law policy of the state. |
| Databáze: |
OpenAIRE |
| Externí odkaz: |
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