The concept of judicial control at the pre-judicial stage of the criminal process

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The article discusses the problems of determining judicial control at the pre-trial stage of the criminal process. In this case, judicial control is considered as a special kind of state control activity. In recent decades, control activity is considered in science as a full-fledged variety of legal activity. To determine the essence of judicial control at the pre-trial stage of the criminal process, the author used a combination of scientific methods and techniques, such as etymological, system analysis, formal logic. According to the results of the study, the proposed author's understanding of judicial control at the pre-trial stage of the criminal process as a type of activity preceding the administration of justice, and, at the same time, as a type of control legal activity based on the criminal procedure legislation, carried out by the court as part of the established procedures in order to verify the conformity of actions (decisions) of the bodies of preliminary investigation and inquiry, the prosecutor requirements of the law and the rights of citizens (body izatsii), and involving the active intervention of the court, drawn up by judicial acts. In addition to determining by the author, the essential characteristics of this type of judicial control activity are proposed. Thanks to the proposed innovations, the importance of supervision and control in criminal proceedings has been clarified. In this sense, all those requirements that we usually impose on other types of legal activity, including control activity (possible enforcement of decisions, their enforceability, procedural nature of the activity itself, and others) can be addressed to judicial control. This kind of approach also involves consideration of the types of judicial control activities, including based on generally recognized types of control activities (current and subsequent control and others).

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Court, control, pre-trial stage, procedure, legal activity

Короткий адрес: https://sciup.org/14119481

IDR: 14119481

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