The principle of judicial independence (competitiveness) in the legal model of trial according to the Statute of Criminal Procedure of 1864 and the model of trial according to the Soviet Code of Criminal Procedure of the RSFSR (1960)
Автор: Vyskrebtsev B.S.
Журнал: Правопорядок: история, теория, практика @legal-order
Рубрика: История и общая теория обеспечения правопорядка
Статья в выпуске: 2 (45), 2025 года.
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The relevance of the research is caused by the continued search for effective legal regulation of the stage of preparation of materials for the court session. The historical context of changes in the procedural legislation regulating the procedure of procedural activity allows us to assert that its foundation, laid down by the Statute of Criminal Procedure (CC), continues to be preserved. The changes relate to clarifying certain elements of the legal regulation mechanism. For the modern law-making process, it is important to analyze the dynamics of changes and its (dynamics) orientation. That is, it is possible to identify promising areas for the further development of legal relations based on the results of a study of two mechanisms of legal regulation during the periods of the Criminal Procedure Code of 1864 and the Criminal Procedure Code of the RSFSR of 1960. The purpose of the study is to identify patterns of changes in the legal regulation of the stage of trial (preparation of materials for trial), the knowledge of which (patterns) will allow the process of lawmaking to be made more organized and consistent. The results of the study allowed us to conclude that more than a century and a half of law-making process of the first judicial stage is aimed at regulating legal relations related to the development of a list of control issues to be resolved by the court at the stage of preparation of materials for trial; to ensure the independence of judges in making decisions on the appointment of the trial; to eliminate the threat of accusatory bias in the evaluation of criminal case materials received by the court from the stage of preliminary investigation.
Trial, appointment of a trial, justice
Короткий адрес: https://sciup.org/14133293
IDR: 14133293 | DOI: 10.47475/2311-696X-2025-45-2-11-16