name
Malin Petr Mikhaylovich
Scholastic degree
•
Academic rank
associated professor
Honorary rank
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Organization, job position
• Kuban State Agrarian University
доцент кафедры уголовного процесса
Research interests
уголовный процесс, уголовно-исполнительное право
Web site url
—
Current rating (overall rating of articles)
0
TOP5 co-authors
Articles count: 4
Сформировать список работ, опубликованных в Научном журнале КубГАУ
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Description
The article analyzes the legislative definition of the term of "official of the body of inquiry" (introduced in the paragraph 6 of part 1. article 40.2 of the code of Criminal Procedure of the Russian Federation the Federal law from 30.12.2015 year); it substantiates the definition and demarcation of the procedural powers of the relevant officials involved in the instruction execution process of the head of the inquiry body
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Description
The present article considers the problems of criminal proceedings in respect of foreign citizens and individuals without citizenship in the aspect of the Federal Act 375-FZ, dated 06 July 2016, which made additions to the part 3 of article 12 of the criminal code and article 3 of the code of criminal procedure. The author substantiates the need to include in Section XVI of the code of criminal procedure of a separate Chapter: "peculiarities of proceedings on separate categories of criminal cases", which is devoted the peculiarities of proceedings of criminal cases in respect of foreign citizens and individuals without citizenship who is not living constantly in the Russian Federation, who also is calling to account for criminal prosecution for crimes committed outside the Russian Federation against interests of the Russian Federation or the citizen of the Russian Federation or constantly living in the Russian Federation individuals without citizenship, as well as the definition in the criminal code the list of crimes directed against the interests of the Russian Federation
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ABOUT THE CATEGORY OF “LEGITIMATE INTEREST” IN CRIMINAL PROCEEDINGS
Description
The article investigates the concept and the content of a legitimate interest in criminal proceedings. The author concludes about the necessity of inclusion the additional structural element, legitimate interests of parties of criminal proceedings in the criminalprocedural relationships. The author’s definition of the legitimate interests of some parties of the criminal process is tabled for discussion. Different points of view of legal scholars on the subject are analyzed in this article. The article discusses special features of occurrence of legitimate interests in terms of pretrial agreement undertaking on cooperation with suspected or accused party
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ENFORCEMENT OF THE RIGHTS OF THE MINORITY OF ACCUSED ATTENDING THE MATERIALS OF THE CRIMINAL CASE
Description
The article explores the problems, acquaintance with the materials of the criminal case of a minor accused in the aspect of ensuring his rights as a defender and legal representative. With a view to the proper legal regulation of this procedure, it is proposed to establish a procedure for the joint familiarization with the criminal case file of counsel and the legal representative of a minor accused in the norms of the Code of Criminal Procedure, as well as the procedure for compulsory participation of a legal representative of a juvenile accused while acquainting himself with all materials of the criminal case
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