On the current state of the reduced form of pre-trial investigation

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Introduction: modern realities require an increase in the efficiency of the criminal procedural activity of the investigating bodies, minimization of the period from the moment of committing a crime to the moment of administration of justice, especially in criminal cases about crimes committed in the conditions of evidence, which do not pose a great public danger and difficulty in proving, provided compliance with guarantees of individual rights. The article is devoted to the study of problematic issues of legal regulation introduced by Federal Law No. 23-FZ of 03/04/2013 in the Criminal Procedure Code of the Russian Federation, chapter 321 «Pre-trial investigation in reduced form», from the point of view of both its effectiveness and ensuring the rights and legitimate interests of participants involved in the scope criminal procedural legal relations. Materials and Methods: when preparing this study, the author studied law enforcement practice, namely, materials from archival criminal cases in seven regions of the Russian Federation, representing the Central, Volga and North Caucasian federal districts, analyzed the data of official statistical information of the Department of Justice under the Supreme Court of the Russian Federation, the Ministry of Internal affairs of the Russian Federation. The methodological basis of the study is formed by general scientific and private scientific methods, in particular: formal-logical, document analysis, statistical, sociological (in the form of a survey of respondents from 33 regions of the Russian Federation). Results of the Study: the criteria for the effectiveness of criminal procedural activities of the investigative bodies are determined, the analysis of the legal regulation of pretrial investigation in reduced form is carried out in terms of its effectiveness and ensuring the rights and legitimate interests of participants in the proceedings, as well as compliance with the designated criteria. Findings and Conclusions: the author came to the conclusion that, in fact, reduced form of preliminary investigation is not reduced at all, and does not achieve procedural efficiency, as the legislator originally intended when introducing Chapter 321 into the Criminal Procedure Code of the Russian Federation, and also does not ensure effective implementation by the preliminary investigative bodies of this institution, as well as the observance of guarantees of individual rights.

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Protection of the rights and legitimate interests of participants in criminal proceedings, guarantees of individual rights, pre-trial proceedings, pre-trial investigation in reduced form, interrogator

Короткий адрес: https://sciup.org/143174503

IDR: 143174503   |   DOI: 10.24412/2312-3184-2021-1-112-123

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