Decisions taken by military courts on complaints submitted in accordance with Article 125 of the Criminal Procedure of the Russian Federation when determining jurisdiction
Автор: Khalilova V.L.
Журнал: Правопорядок: история, теория, практика @legal-order
Рубрика: Уголовное право и процесс
Статья в выпуске: 2 (45), 2025 года.
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The article examines the issue of decisions taken on complaints filed in accordance with Article 125 of the Criminal Procedure Code of the Russian Federation. An analysis of procedural legislation and judicial practice using the example of a military court indicates the lack of proper legislative regulation of the procedure for a judge to follow upon receipt of a complaint filed in violation of the rules of jurisdiction. The author concludes that it is necessary to amend the criminal procedure legislation in terms of expanding the types of decisions taken by the court during preliminary preparation for a court hearing on complaints filed in accordance with Article 125 of the Criminal Procedure Code of the Russian Federation, in the event that the court does not have jurisdiction over the case. This proposal is based on the principle of reasonableness of the terms of legal proceedings, as well as the constitutional provision that no one can be deprived of the right to have his case considered in the court and by the judge to whose jurisdiction it is assigned by law.
Judicial review, jurisdiction, military courts, military personnel
Короткий адрес: https://sciup.org/14133318
IDR: 14133318 | DOI: 10.47475/2311-696X-2025-45-2-85-88