Inquiry in abbreviated form: issues of theory and practice

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Introduction: the article considers theoretical and practical questions of investigation in an abbreviated form. As a result this institution of criminal procedure was introduced recently it has a number of positive and negative aspects. The author proposes legislative initiatives to increase the effectiveness of the reduced form of inquiry. Materials and Methods: the author studied the scientific and theoretical works of domestic procedural scientists on the problems of understanding criminal procedure law in general and the shortened form of inquiry. The methodological basis of the article was the dialectical method on objective laws of development, the comparative legal method of knowing objective reality and the formal legal method using general scientific methods of analysis, synthesis, induction and deduction. Results: The author proposed recommendations on amending and supplementing the current criminal procedure legislation in this area. These proposals will solve the institutional problems identified during the study and improve the quality of its application. Discussion and Conclusions: on the basis of the study, the author is convinced that this form of inquiry has not become a real alternative to the general procedure for investigation, which shows the analysis of statistical data and the results of a sociological study. The implementation of the procedure of the shortened form of inquiry showed that the new form of criminal procedure is not able to fully achieve the appointment of criminal proceedings and ensure the protection of the rights of participants in the process. Based on this, the author proposes specific ways to solve the main problems.

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Criminal procedure of Russia, preliminary investigation, inquiry in general order, abbreviated form of inquiry

Короткий адрес: https://sciup.org/142231050

IDR: 142231050   |   DOI: 10.37973/KUI.2021.93.73.020

Статья научная