General characteristics of the subjects of the right to file a complaint in Russian criminal proceedings

Автор: Volkolupov Vladimir G.

Журнал: Теория и практика общественного развития @teoria-practica

Рубрика: Право

Статья в выпуске: 9, 2021 года.

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The present study considers the general issues related to the concept and legal status of subjects who have the right to file a complaint regardless of the type of appeal at all pre-trial and judicial stages of criminal proceedings. Based on the author's in-depth analysis of the legal status of subjects who have the right to file a complaint, there is proposed the author's definition of the concept of “applicant”. Taking into account the provisions of the criminal procedure doctrine and modern judicial practice, an exhaustive list of participants in criminal proceedings, as well as other persons entitled to appeal in the Russian criminal process, is clarified. According to the conducted research of such a socio-legal category as “interest”, the author suggest unifying some norms of the criminal procedure institute of appeal in order to coordinate them within the industry.

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Subject of the right to file a complaint, the applicant of the complaint, legal institute of appeal, appeal to the prosecutor or to the head of the investigative body, appeal to the court, appeal through the appeal procedure, appeal to the court of cassation, appeal to the court of supervision

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Короткий адрес: https://sciup.org/149138688

IDR: 149138688   |   DOI: 10.24158/tipor.2021.9.10

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