Ensuring the rights and legal interests of the applicant at the stage of excitation of criminal case

Автор: Gulgenov A.B., Demin A.A.

Журнал: Криминалистика: вчера, сегодня, завтра @kriminalistika-vsz

Статья в выпуске: 4 (12), 2019 года.

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The article is devoted to the study of tools that ensure the rights and legitimate interests of applicants at the stage of criminal proceedings. The authors put forward the problem that in modern criminal procedure legislation there are legal gaps that contribute to abuse of applicants at the stage of criminal proceedings. To study the problem posed, the authors studied the legal status of the applicant. The problem of mixing the concept of the applicant and the victim is indicated, in connection with which, based on the established doctrine, the authors pointed out the need to consolidate the concept of the applicant in the Code of Criminal Procedure of the Russian Federation. The authors also considered the issue of changing the procedure for initiating a criminal case. Scientific and technological progress contributes to the consolidation of electronic registration of reports of crimes. The article addresses the issue of abuse by law enforcement officials. The conclusion is substantiated that the legislator should take actions to terminate such opposition, for example, by a “targeted” change in the legislation.

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Rights and legitimate interests, applicants, criminal proceedings, electronic registration, opposition

Короткий адрес: https://sciup.org/143169725

IDR: 143169725   |   DOI: 10.24411/2587-9820-2019-10039

Статья научная