The genesis of judicial control at the pre-trial stage of the criminal process in Russia and abroad

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Introduction: the article considers issues of the genesis of judicial control at the pre-trial stage of a criminal process. In this case, judicial control is considered as a particular type of state control activity. Materials and Methods: the material is Russian legislation: the legislation of Imperial Russia (1864-1917), the legislation of the Soviet period and modern criminal procedure legislation. The main research method is a historical and legal approaches, the methods of system analysis and comparative law, formal logical methods and techniques. Results: the genesis of judicial control at the pre-trial stage of the criminal process in the domestic legal system is shown in detail. The periods of the development of judicial control are justified. The continuity of Russian law in this issue is noted. Discussion and Conclusions: the continuity of the institution of judicial investigation in pre-revolutionary Russia and the institution of judicial control at the pre-trial stage in modern domestic criminal proceedings is shown. Proposals are made for the perception of pre-revolutionary experience at the present time.

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Короткий адрес: https://sciup.org/142223039

IDR: 142223039   |   DOI: 10.24420/KUI.2019.90.42.016

Статья научная