Department of Criminal procedure

Department of Criminal procedure

 

 The Department of Criminal Procedure was established in 1996 after the division of Criminal Procedure and Criminalistics Departments into two independent departments. From its inception and up to 2011 the Department was headed by, at first, assistant professor, Candidate of Law and then – professor, Doctor of Law N.G. Stoiko.  From 2003 to 2006 during the period of studying Stoiko in doctorate of Saint-Petersburg State University, the Department was headed by the Candidate of Law, associate professor L.V. Mayorova, but from the 1st of January 2011 the lead of the Department was entrusted to Candidate of Law, associate professor A.D. Nazarov.

For a long time the associate professor, Candidate of Law V.G. Zabolotdkii, who was the teacher for many now working lecturers, was working in the Department; now he is on retirement. He is the author of a number of interesting researches on the theory of evidence, which haven’t lost their importance at the present time. Among the untimely dead we should remember World War II veteran, ex-member of the Regional Court Nikolay Firsov, and V.M. Tsarev, who brilliantly defended his thesis at the Leningrad State University and wrote a monograph on the participation of defense counsel in criminal proceedings.

In 1997 the postgraduate study was established in the Department in the specialty 12.00.09 (criminal procedure, criminalistics and forensic inquiry, theory of operatively-search activity). Currently, graduate students, applicants of the Department and at the same time young lecturers are A.A. Brester, O.G. Ivanova, A.A. Lopatin, AG. Tuzov. Scientific management of graduate students is carried out by A.S. Barabash, A.D. Nazarov, N.G. Stoiko and L.V. Mayorova.

The Department supports scientific and teaching connections with colleagues from many Russian and foreign universities, including the Universities of the city of Tomsk, Kemerovo, Barnaul, Irkutsk, Tyumen, Yekaterinburg, Rostov-on-Don, St. Petersburg, Moscow, Tilburg (The Netherlands), Greifswald and Passau (Germany), Prague (Czech Republic). Lecturers of the Department are involved in joint studying projects with foreign colleagues (organization of summer schools for students, including lecturing, teaching the course "Criminal proceedings in foreign countries: a comparative legal aspects", scientific conferences, etc.).

Scientific interests of members of the Department are varied, but mostly they are focused on the two directions. The first are the problems of evidentiary activity and the improvement of criminal process in Russia. The second is a comparative and foreign criminal procedure.

During the implementation of the first direction major researches are realized by the professor A.S. Barabash and associate professor A.D. Nazarov. They published the results of these studies in the monographs in central publishing houses of Russia - "The Nature of the Russian criminal process, the goals of the criminal procedure and the determination", "Public beginning of the Russian criminal process" (A.S. Barabash, St. Petersburg, 2005, 2009 ), "The Effects of investigative errors on the error of the court" (A.D. Nazarov, St. Petersburg, 2003), "Provocations in the operational-search activity" (A.D. Nazarov, Moscow, 2010).

A.S. Barabash has prepared and in 2006 successfully defended his doctoral thesis in Yekaterinburg on "Public beginning of the Russian criminal process", he became the first doctor of Law in the Department, professor.

In 2009, in St. Petersburg, N.G. Stoiko successfully defended his doctoral dissertation on comparative legal topics, becoming the second Doctor of Law, Professor of the Department.

A.D. Nazarov from 2007 to 2010 was on sabbatical as a senior research lecturer of SFU to write his doctoral dissertation, which he is preparing to defend.

During the implementation of the second direction lecturers of the Department were studying in Passau University, Greifswald (Germany), Tilburg (the Netherlands), Prague (Czech Republic), and St. Petersburg, the human rights organizations in Austria, the United Kingdom, Estonia, etc.

The studying resulted in the creation of several collections of articles on comparative law, tutorials on foreign law and enforcement agencies (A.S. Shaginyan, N.G. Stoiko, 1997, 2000, 2004, 2006), the monograph N.G. Stoiko "Criminal process of Western countries and Russia" (2006), translation of  Prof.’s V. Boylke textbook. "Criminal Procedural Law of Germany" (translator Y.M. Ploshkina , scientific editor L.V. Mayorova, 2004), Criminal - Procedural Code Czech Republic (L.V. Mayorova), as well as in the participation of N.G. Stoiko in creating a textbook on the course of criminal proceedings, published in 2007, under the heading of Studying and Methodological Association, a textbook on law enforcement, published by Tomsk colleagues in 2010.

In 2010, with the support of the Chairman of the Legislative Assembly of Krasnoyarsk Krai, the head of the Krasnoyarsk branch of the Association of Lawyers of Russia, Doctor of Law, professor A.V. Uss, under the direction of the Department’s professor N.G. Stoiko a scientific model for monitoring the administration of justice and pilot researches in this direction began to develop. The participants of the program are also Professor, Doctor of Psychology, Head of Psychology and Pedagogy Department of SFU B.I. Hassan, Deputy Director of the Law Institute of SFU, Candidate of Law, Associate Professor A.A. Petrov, lecturers of the Department - Associate Professor I.A. Shevchenko, A.D. Nazarov, assistants – A.A. Brester, A.G. Tuzov, S.D. Krasnousov, A.A. Lopatin, O.G. Ivanova. The same team is actively cooperating with the portal "Pravo.ru."

Lecturers of the Department bravely introduce innovation in educational process. For example, professors A.S. Barabash and N.G. Stoiko have developed unique technology of teaching criminal process for full-time students, where they, firstly, conduct problem seminars, then read lectures; and examination is held in written form, but every work is coded: for the objective evaluation a lecturer doesn’t know whose work his is checking. A.D. Nazarov, A.G. Tuzov, S.D. Krasnousov while teaching law enforcement bodies of Russia for full-time students within point-rating system use video presentations and organize visits to courts, museums of law enforcement bodies, allow students (if in commission) use own laptop on the exam, the audio of personal answer, the lecturer’s questions and students answers, allow the possibility to appeal the given mark, not waiting for repeating an examination, etc. Moreover, the group of A.M. Shcherbakov studied the course "Law Enforcement" in the 2009-2010 academic year and produced a web-site describing the law enforcement agencies in the Krasnoyarsk Krai. (http://law.institute.sfu-kras.ru/po/). The web-site continues to grow with new materials.

Lecturers of the Department are participants of realization of the magistrates programs: “Justice with criminal cases” (supervisor - Doctor of Law, professor,  the head of the Criminal Law Department Law Institute SFU, Honored Lawyer of the Russian Federation, a member of the High Qualification Board of Judges of the Russian Federation A.N. Tarbagaev), " Juvenile Justice" (supervisor - Doctor of Law, Professor, the head of the Department of Criminology and Tort Law N.V. Shchedrin). Now the implementation program for magistrate course on advocacy is being prepared under the direction of Doctor of Law, Professor, the head of the Department of History of State and Law of the Law Institute SFU S.A. Drobyshevsky.

The Department cooperates with the chamber of advocacy (the head - Candidate of Law, Associate Professor, President of the Bar of the Krasnoyarsk Krai S.N. Maltov), the Institute of Advanced Training Association of the Advocacy of the Krasnoyarsk Krai.

In 2010 lecturers of the Department I.A. Shevchenko, A.G. Tuzov, S.D. Krasnousov have finished the program "Mediation in legal work" in the Ural State Law Academy and received a certificate of advanced training.

The Department especially closely cooperates with Saint - Petersburg State University, Tomsk State University, Siberian Law Institute of the Russian Interior Ministry, the Institute of Psychology and Pedagogy of Russian Academy of Sciences, headed by Doctor of Psychology, Professor, candidate of law B.I. Hasan, the Association of Lawyers of Russia, Krasnoyarsk’s branch of which is headed by the speaker of the regional parliament, Honored Lawyer of the Russian Federation, Doctor of Law, Professor A.V.Uss.

 Lecturers of the Department are active participants of the Legal Clinic (LC) Law Institute SFU and human rights defenders. I.A. Shevchenko is the head of the LC, A.S. Barabash, N.G. Stoiko, L.V. Mayorova, A.D. Nazarov, A.S. Shaginyan, A.M. Shcherbakov, A.A. Brester, A.G. Tuzov, O.G. Ivanova, S.D. Krasnousov are the main leading expert-advisers of LC.

A.D. Nazarov supervises programs connected with the work of students in colonies of the region, International Social - Law Project "Step towards" for inmates of Kansk, Abakan and Angarsk juvenile correctional facility. He also leads a program of legal education for students, cadets and soldiers “Living law ", as well as remote (by correspondence) consulting which students realize.

Direction "Protecting the rights of citizens from illegal actions of law enforcement agencies” is supervised by A.S. Barabash and his graduate student A.A. Brester. N.G. Stoiko is a member of the Qualification Board of Judges of the Krasnoyarsk Krai (previously this honorable mission was held by A.S. Barabash). N.G. Stoiko and A.G. Tuzov are members of the Public Monitoring Commission of Krasnoyarsk Krai to monitor places of detention of citizens (up to 2011 N.G. Stoiko headed this Commission, A.S.Barabash was a member of the Commission, and Tuzov A.G. is currently the Deputy Chairman of the Commission). A.S. Barabash, L.V. Mayorova, A.S. Shaginyan are included in the Scientific - Advisory Council of the Krasnoyarsk regional court. N.G. Stoiko headed the Krasnoyarsk regional social initiative group "Public Committee for the Protection of Human Rights" and the Public Council under the Russian Federal Penitentiary Service of the Krasnoyarsk Krai. L.V. Mayorova chairs the Public Council under the Federal Migration Service of Russia in Krasnoyarsk Krai. N.G. Stoiko is a member of the public council under the police of Krasnoyarsk Krai and Regional Administration of Russian Federal Drug Control Service of the Krasnoyarsk Krai, the Board of Trustees at the Kansk juvenile correctional facility. N.G. Stoiko, A.S. Barabash, A.D. Nazarov are members of the Expert Council under the Commissioner for Human Rights in the Krasnoyarsk Krai. N.G. Stoiko, A.S. Barabash, L.V. Mayorova, A.D. Nazarov, A.S. Shaginyan are included in the membership of the Scientific - Advisory Council at Investigative Department  of Investigating Committee of Russia in Krasnoyarsk Krai. A.D. Nazarov is the deputy chairman of the Public Committee for the Protection of Human Rights, the Public Council under the Russian Federal Penitentiary Service of the Krasnoyarsk region and the FPS of Russia in the Khakassia Republic, a member of the Commission on Minors under the Government of the Krasnoyarsk Krai and the Bar Council of Krasnoyarsk Krai.

A.D. Nazarov, A.S. Shaginyan are lawyers of well-known Krasnoyarsk Bar Association "Shpagin and Partners"; A.M. Shcherbakov is retired colonel of justice who many years served as a prosecutor in Krasnoyarsk garrison, now also engaged in advocacy.

Lecturers of the Department within law enforcement activity take an active part in grant projects of the European Commission on Human Rights, PRI ("International Penal Reform"), the Moscow Helsinki Group, International and Russian foundations - Ford, MacArthur, "New Eurasia", "Public Verdict" "Help children in difficult life situation", "Fulcrum", etc. Within these projects scientific seminars and trainings for law enforcement officers, judges and lawyers on the topic are regularly held: "The protection of human rights in the criminal justice field" as well as international legal summer school for students, legal competitions and contests for students, psychologically-legal intensives for "difficult" children (including a summer rafting on the rivers of Siberia) and pupils of Kansk, Abakan, Angarsk juvenile correctional facility, etc.

Lecturers of the Department are actively cooperating with regional and federal electronic and print media.

The Department has developed a long-range plan for its activities: using of innovative technologies in teaching, creating an electronic textbook on the law enforcement agencies of the Russian Federation, the work of the “electronic Department of Criminal Procedure", support the formation of departments of prosecutorial, investigative, penal practices, creating together with St. Petersburg State University a joint magistracy in Advocacy and others.

 

Employees of the Department

         Staff: 

  • Acting head of the Department Alexander Dmitrievich Nazarov – Candidate of Law, Associate Professor;
  • Professor Anatoly Sergeevich Barabash - Doctor of Law, Associate Professor;
  • Associate Professor Ludmila Victorovna Mayorova – Candidate of Law, Associate Professor;
  • Associate Professor Armen Stepanovich Shaginyan – Candidate of Law;
  • Associate Professor Ilya  Alexandrovich Shevchenko – Candidate of Law;
  • Andrey Gennadievich Tuzov – assistant lecturer;
  • Olga Gennadievna Ivanova – assistant lecturer;
  • Natalia Nikolaevna Lobysheva – assistant of the Department.

 

Part-time staff:

  • Nikolay Gennadievich  Stojko – professor, Doctor of Law, associate professor;
  • Sergei Nikolaevich Maltov – President of  the Bar Association in the Krasnoyarsk Krai, the head of the Department of advocacy, associate professor, Candidate of Law;
  • Alexander Mikhailovich Shcherbakov – senior lecturer;
  • Alexander Brester – assistant lecturer;
  • Andrey Lopatin – assistant lecturer.

 

      Postgraduate students:

  • Ilgar Zeynalov
  • Michael Katushenko
  • 3 Michael Martyniuk
  • Sergei Merkushev
  • Anastasia Trishkina