Improving the stage of initiation of a criminal case
Автор: Fantrov Pavel
Журнал: Legal Concept @legal-concept
Рубрика: Процессуальное право: вопросы теории и правоприменения
Статья в выпуске: 4 т.23, 2024 года.
Бесплатный доступ
Introduction: the problem of improving the stage of initiation of a criminal case is of particular scientific and practical importance. This aspect is the focus of research interest of both procedural scientists and practitioners in the field of criminal justice, which is due to the complex of determinants that are subject to detailed analysis within the framework of the study. The stage of initiation of a criminal case, acting as a kind of “procedural filter”, plays a key role in ensuring a balance between the protection of constitutional rights and freedoms of citizens and the effective investigation of crimes. The relevance of improving the considered stage is due to the following factors: the imperative to increase the effectiveness of the filtration function; the presence of conflicts related to the procedural status of some of its participants; the expediency of abolishing this stage of criminal proceedings. The purpose of the study is to develop and scientifically substantiate proposals for optimizing the statutory regulation of the stage of initiation of a criminal case in the context of the modern paradigm of Russian criminal proceedings. Research objectives: 1) to carry out a conceptual analysis and systematization of existing theoretical approaches to the problem of the expediency of maintaining or abolishing the stage of initiation of criminal proceedings as an autonomous stage of criminal proceedings; 2) to identify and describe fundamental legal conflicts determined by the uncertainty of the procedural status of individual subjects at the stage of initiation of criminal proceedings; 3) to develop scientifically reasoned recommendations for improving the legislation in the field of regulating the initial stage of criminal proceedings.
Initiation of a criminal case, suspect, victim, eyewitness, criminal process, pre-investigation check, procedural actions
Короткий адрес: https://sciup.org/149147458
IDR: 149147458 | DOI: 10.15688/lc.jvolsu.2024.4.23