The article deals with current and controversial issue in the criminal science, specifically the need for the Russian criminal justice process to have an institute to return a criminal case to the procurator at the stage of appointment and preparation of the court hearing. The author emphasizes that during the continuance of RSFSR Code of Criminal Procedure, a special emphasis was put on it as a guarantee of the delivery of justice and the rights of the participants in the proceedings, that put in place the arrangements necessary for an effective court trial. The goal of modern judicial reform is to establish an independent judiciary whose main function is the delivery of justice which can be implemented in criminal proceedings only in adversary criminal proceedings. Since the beginning of its implementation, attitudes towards the institution of returning a criminal case by a court to a procurator to correct lacunae, loopholes, contradictions, irregularities or flaws in pre-trial proceedings have changed dramatically. It is perceived as an attribute of the courts prosecutorial activities, which is inconsistent with its new role as an independent body to resolve legal disputes between a state and an individual awaiting for a founded and equitable decision from the court. Despite critical rhetoric towards the institution of returning the criminal case to the prosecutor, the author argues that it is necessary due to specific status of the first judicial phase in a staged system of Russian criminal justice process. This institute creates conditions for monitoring and verification activities of judges at this stage, and the corresponding authority of judges to determine the future course of criminal cases brought before the courts. However, the author concludes that the task of rectifying the shortcomings of the prosecution can be addressed at the preliminary hearing introduced by the Code of Criminal Procedure of the Russian Federation to resolve various contentious issues. When it is impossible to remove the obstacles that prevent the court from conducting a trial, the judge may, taking into account the views of the parties, decide to return the case to the prosecutor.
The article discusses issues concerning the impact of legislation some countries Anglo-Saxon legal family on contemporary reform of Russian criminal procedure. The author raises the problem of community many of the legal provisions and institutions of Russian and Anglo-Saxon law. The work focuses on the fact that due to frequent legal stories, contradictory law-enforcement practice, the active work of the constitutional Court of the Russian Federation and Plenum of the Supreme Court of the Russian Federation which, by their individual decisions initiate new legislative changes, the reference to comparative legal study of foreign models of the criminal process is inevitable. The study used General scientific and special legal methods of studies: analysis and synthesis, legal modeling, formally-legal. The scientific novelty of the research lies in the author's approach to the study of the problem, which has not only theoretical but also practical importance, consists in the fact that, despite the seemingly opposite type of the Russian legal system related to civil law jurisdictions, and countries of the Anglo-American conglomerate, however, in fact, at the present time, there is the mutual influence and complementarity. In support of this thesis, the author made analysis of such a legal institution as a simplified procedure (in countries with Anglo-Saxon legal family called plea of guilt), which is in the form of a special order of judicial proceedings was introduced in the Russian criminal process. The Russian version of this procedure differs from Anglo-American, however, at its core, it is based on the legislative regulations of great Britain and the United States. The work is concluded that the main influence in Anglo-Saxon law is in the Russian criminal process is manifested in the extension of adversarial origins.
The article discusses issues concerning the legal regulation of the procedure for appealing against judicial decisions taken by the court under appointment of the court session. The author raises the problem of the necessity and appropriateness of any decision appeal taken in this stage of the process. Iit is proved that since any judicial decision determining the further movement received from the Prosecutor of the criminal case affects the interests of the participants in the proceedings. So the participants should be given the right of appeal to the General order, that is, in accordance with chapters 45.1 and 47.1 of the code of criminal procedure. In the paper general scientific and special legal methods of studies are used: analysis and synthesis, legal modeling, formally-legal. The scientific novelty of the research lies in the author's approach to the study of the problem which has not only theoretical but also practical importance, namely, to rethink the essence of the appeal against the intermediate court decisions. The author challenges the position of many scientists that the appeal of any and all decisions made under appointment of the court session, having primarily organizational and security nature, creates judicial red tape and delays the timing of the proceedings and therefore the criminal trial on the merits, basing his opinion that sometimes the execution of certain judgments of the court leads to much more temporal, organizational, and material costs than their verification by the higher court. In addition the right to appeal procedural actions and decisions, as a principle of criminal proceedings, along with other principles is designed to protect the legitimate rights and interests of any participant in the process. In modern Russian criminal proceedings that is a priority. Therefore, the author proposes to exclude the provision on prohibition to appeal an individual judge's decision rendered under appointment of the court session from the code of criminal procedure and to leavу only the ban to appeal the decision on the venue, date and time of the hearing.
Introduction. The article deals with the problem of determining the verification of the materials of the criminal case, submitted to court for trial. The complexity of the identified problems stems from the fact that the criminal procedure act does not have regulation as a subject, as well as the limits of materials verification of criminal case under appointment of the court session, which negatively affects the validity and timeliness of the decision about appointment of judicial proceedings, or other judicial decisions. Methods. We used general scientific research methods such as analysis, synthesis, comparison, and specific scientific methods of studies: formal legal, technical and legal. Results. The author analyzes the algorithm of actions of the judge in verification of materials of criminal case. Conclusions. The paper presents author's vision of the subject of inspection of materials received by the court of criminal cases, the production sequence of actions of a judge under appointment of the court session, the necessity of complex legal regulation in Criminal procedure code of the Russian Federation of the court's activities at the stage of processing, and the systemic, structural-logical structure and verification activities of a judge by analogy with other stages of the criminal process. Key words: stage of court session assignment, judge's actions on verification of materials of the criminal case, powers of the judge, stage of court proceedings, criminal procedure law.
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