The concept and features of legal remedies used in the course of activities that ensure a reasonable term of criminal proceedings

Автор: Polukhin Vladimir M.

Журнал: Теория и практика общественного развития @teoria-practica

Рубрика: Право

Статья в выпуске: 3, 2022 года.

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Criminal procedural activity as a kind of rationally organized human activity presupposes the existence of reasonable boundaries for its course. This requirement is specified in the form of an industry-wide procedural principle, enshrined in the content of Art. 6.1 Code of Criminal Procedure. Although this principle will remain a declaration, if the criminal procedure mechanism does not provide for appropriate procedural means of ensuring it. The cases of violation of a reasonable period of criminal proceedings existing in the modern investigative and judicial practice of the Russian Federation indicate problems in the correct choice and timely application by official bodies and persons of procedural means to ensure a reasonable duration of criminal proceedings. All this actualizes the need to address the study of questions about the concept and role of procedural means of ensuring a reasonable time at the doctrinal level. The clarification of these issues will allow law enforcement officers to increase the level of their practical activities aimed at complying with the requirements of the principle of a reasonable time in criminal proceedings. Due to the modern general scientific and private methods of scientific research and an instrumental approach to the analysis of procedural and legal means, it becomes obvious that there is an inextricable link between such an ideal phenomenon as the goal of criminal proceedings and a real event - a result of the consideration of a criminal case, which should occur in a timely manner. In this process, an important role is played by the competent use of the necessary procedural means by the official participants in the criminal process to ensure the reasonable course of criminal proceedings, which cannot be carried out without a clear understanding of the concept and properties of the relevant procedural means.

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Criminal proceedings, reasonable time, court, justice, procedural means, criminal procedural activity

Короткий адрес: https://sciup.org/149138991

IDR: 149138991   |   DOI: 10.24158/tipor.2022.3.15

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