REGULATORY REGULATION OF THE FINAL STAGE OF THE PRELIMINARY INVESTIGATION: COMPARATIVE LEGAL ANALYSIS
Journal: BULLETIN OF THE KALININGRAD BRANCH OF THE SAINT-PETERSBURG UNIVERSITY OF THE MINISTRY OF INTERNAL AFFAIRS OF RUSSIA
№ 1
, 2024
Rubrics: ARTICLES ABOUT CRIMINAL PROCEDURE
Authors:
1.
Ural'skiy yuridicheskiy institut MVD Rossii
(ad'yunktura, ad'yunkt)
from 01.01.2022 until now
from 01.01.2022 until now
Type:
Article
Pages:
from
to
Status:
Published
Received:
28.02.2024
Accepted:
03.03.2024
Published:
05.04.2024
Language:
Russian
Keywords:
Form of completion of preliminary investigation, final stage of preliminary inquiry, prosecutor's supervision, departmental procedural control
Abstract (English):
Abstract Introduction The normative regulation of the final stage of the preliminary investigation has undergone significant changes after the Criminal Procedure Code adoption of the Russian Federation (hereinafter referred to as the CPC RF). At the same time, not all the provisions can be recognized as theoretically and empirically justified. The issue of ensuring the rights and participants freedoms in criminal proceedings at this stage remains problematic today. In the article, the author conducts a comparative analysis of the forms of completion of the preliminary investigation in the Russian Federation and some CIS countries, highlighting the positive experience of both foreign and domestic legislation regulating certain aspects of the investigator procedural activities, head of the investigative body, and the prosecutor at the final stage of the investigation. Methods The author compares the normative regulation of the main forms of the preliminary investigation completion in the form of an investigation: investigation completion with the preparation of an indictment and transfer of the criminal case to the prosecutor for referral to court and termination of the criminal case at the stage of preliminary investigation in Russia, Belarus, Azerbaijan, and Kazakhstan. The author also analyzes and compares the functioning of such legal institutions as departmental procedural control and prosecutorial supervision at the final stage of the preliminary investigation. Result Having analyzed the criminal procedure legislation of the Russian Federation, Belarus, Azerbaijan and Kazakhstan and having conducted a comparative analysis of the two main forms of the completion of the preliminary investigation various aspects, the author believes it possible to discuss the issue of consolidating a number of provisions into the CPC of the RF similar to those present in the CCs of these countries.
Abstract Introduction The normative regulation of the final stage of the preliminary investigation has undergone significant changes after the Criminal Procedure Code adoption of the Russian Federation (hereinafter referred to as the CPC RF). At the same time, not all the provisions can be recognized as theoretically and empirically justified. The issue of ensuring the rights and participants freedoms in criminal proceedings at this stage remains problematic today. In the article, the author conducts a comparative analysis of the forms of completion of the preliminary investigation in the Russian Federation and some CIS countries, highlighting the positive experience of both foreign and domestic legislation regulating certain aspects of the investigator procedural activities, head of the investigative body, and the prosecutor at the final stage of the investigation. Methods The author compares the normative regulation of the main forms of the preliminary investigation completion in the form of an investigation: investigation completion with the preparation of an indictment and transfer of the criminal case to the prosecutor for referral to court and termination of the criminal case at the stage of preliminary investigation in Russia, Belarus, Azerbaijan, and Kazakhstan. The author also analyzes and compares the functioning of such legal institutions as departmental procedural control and prosecutorial supervision at the final stage of the preliminary investigation. Result Having analyzed the criminal procedure legislation of the Russian Federation, Belarus, Azerbaijan and Kazakhstan and having conducted a comparative analysis of the two main forms of the completion of the preliminary investigation various aspects, the author believes it possible to discuss the issue of consolidating a number of provisions into the CPC of the RF similar to those present in the CCs of these countries.
Keywords:
Form of completion of preliminary investigation, final stage of preliminary inquiry, prosecutor's supervision, departmental procedural control
Form of completion of preliminary investigation, final stage of preliminary inquiry, prosecutor's supervision, departmental procedural control
