Improving the institution of judicial appeal against actions and decisions of the criminal prosecution authorities of the Russian Federation
Автор: Vasilyeva N.L.
Журнал: Криминалистика: вчера, сегодня, завтра @kriminalistika-vsz
Статья в выпуске: 3 (31), 2024 года.
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The article examines the institution of judicial appeal against the actions and decisions of the criminal prosecution authorities of the Russian Federation and their officials, which is regulated by Articles 125, 125.1 of the Criminal Procedure Code of the Russian Federation. The article analyzes changes, additions, as well as gaps related to the lack of clear regulation of this institution in the framework of the criminal process in Russia. The scientific study shows that according to the legal regulation of the institute of judicial appeal against the actions and decisions of the criminal prosecution authorities, the judicial authorities do not have any procedural means at all aimed at resolving the legal issue within the framework of a complaint filed by an interested participant in the criminal process. Technical problems related to the formulation of the rule of law are also identified. Based on the analysis of scientific literature and law enforcement practice, the author suggests solutions to improve this institution in order to ensure the rights and legitimate interests of participants in criminal proceedings.
Right for the appeal, subject of the appeal, prosecutor, investigator, assistant criminal investigator, court, applicant, complaint
Короткий адрес: https://sciup.org/143183379
IDR: 143183379 | DOI: 10.55001/2587-9820.2024.32.88.002