Right to defense against criminal prosecution and right to a fair trial in short inquiry

Aleksandr Viktorovich Grinenko, Dmitrii Aleksandrovich Makarov, Artem Igorevich Neryakhin, Vasily Dzhonovich Potapov

Resumo


Objective: The purpose of this article is a comprehensive study and assessment of the current state of legislative regulation and the practice of applying the procedural procedure for ensuring the right to protection during the conduct of an inquiry in an abbreviated form, determining ways to resolve the accumulated theoretical and practical problems of implementing this activity, and on this basis developing proposals for improving criminal procedural legislation in the field under study and improving the effectiveness of law enforcement practice. Methods: The use of scientific methods allowed us to formulate an integral procedural mechanism for ensuring the right to protection during the investigation in an abbreviated form. Results: The article focuses on issues in ensuring the right to defense against criminal prosecution and right to a fair trial during a short inquiry with reference to the study of Russian and foreign criminal law and law enforcement practices. Conclusion: The authors proposed a new comprehensive approach to ensuring the right to protection during the investigation in an abbreviated form. Special attention is paid to the problems that law enforcement agencies often encounter. Regulatory proposals in the field of law enforcement have been developed.


Palavras-chave


Rights and legal interests of the parties; Pre-trial proceedings; Protocol for pre-trial preparations

Texto completo:

PDF (English)

Referências


Bezlepkin, B.T. (2017). Commentary on the Criminal Procedure Code of the Russian Federation (article by article). Moscow: KnoRus, 608 p.

Dikov, G.V. (2014). Participation of a lawyer in the trial: approaches of the European Court. Moscow: Razvitiye pravovykh system, 240 p.

Dolgov, A.M. (2016). Inquiry as a form of preliminary investigation: dis. ... cand. jurid. sciences. Kuban State University, Krasnodar, 222 p.

Dolya, E.A. (2013). Features of proof in the production of inquiry in abbreviated form. Russian judge, 6, 43-46.

Gavrilov, B.Ya. (2017). Efficiency of pre-trial proceedings. Criminal proceedings, 2, 19-26.

Golovko, L.V. (1995). Inquiry and preliminary investigation in criminal cases in France. (Main development trends): dis. ... cand. jurid. sciences. Moscow State University, Moscow, 194 p.

Gubarev, I.S. (2020). Theoretical and legal model of reduced pre-trial proceedings for crimes of small and medium gravity: dis. ... cand. jurid. sciences. Academy of Management of the Ministry of Internal Affairs of the Russian Federation, Moscow, 196 p.

Kachalova, O.V. (2018). Accelerated pre-trial proceedings in criminal cases: Prospects for development. Actual problems of Russian law, 4, 121-129.

Kovalev, O.G. (2018). Protocol form of pre-trial preparation of materials: Prerequisites for the emergence and prospects of development taking into account the current legislation. Court administrator, 2, 26-30.

Larin, E.G. (2010). Admission of a person who is not a lawyer as a defender at the stage of preliminary investigation: Legislation and practice. Legislation and practice, 2, 21-24.

Malysheva, O.A. (2013). Pre-trial proceedings in the Russian criminal process: Problems of implementation and legal regulation: dis. ... doct. jurid. sciences. Academy of Management of the Ministry of Internal Affairs of the Russian Federation, Moscow, 506 p

Naumenko, O.A. (2015). Ensuring the rights of the individual during the investigation: dis. ... cand. jurid. sciences. Academy of Management of the Ministry of Internal Affairs of the Russian Federation, Moscow, 231 p.

Nazarova, E.A. (2009). The role of the defender in the process of proving during the investigation of a criminal case. In Modern problems of legal science. Materials of the V International scientific and practical conference of young researchers, Chelyabinsk, Russia, May 6-7, 2009 (Part II, pp. 252-255). Chelyabinsk: Poligraf- Master.

Nguyen, V.T., Pushkarev, V.V., Tokareva, E.V., Makeev, A.V., & Shepeleva, O.R. (2021). Compensation for damage caused by a crime in the socialist Republic of Vietnam and the Russian Federation. Jurnal Cita Hukum-Indonesian Law Journal, 9(2), 211-220. doi: 10.15408/jch.v9i2.21738

Nikanorov, S.A. (2017). The procedural position of the prosecutor in the abbreviated procedures of criminal proceedings: dis. ... cand. jurid. sciences'. Nizhny Novgorod Law Academy, Nizhny Novgorod, 181 p.

Orlov, A.V. (2003). The right to protection: Norms of the Constitution of the Russian Federation and the new Code of Criminal Procedure of the Russian Federation. Society and Security, 1, 37-38.

Ovchinnikov, Yu.G., & Kuzora, S.A. (2014). Problems of participation of an "other" person as a defender in the pre-trial stages of criminal proceedings. Russian Justice, 11, 43-44.

Permyakov, S.V. (2016). On the tactics and forms of participation of a lawyer in the collection of evidence at the stage of preliminary investigation. Russian law journal, 1, 98-102.

Pikalov, I.A. (2004). The role of the defender in the process of proving, during the investigation of a criminal case. Law and Law, 11, 19-22.

Piyuk, A.V. (2017). Theoretical foundations of simplification of forms of resolution of criminal cases by the court in the Russian Federation: typological aspect: dis. ...doct. jurid. sciences. National research Tomsk State University, Tomsk, 469 p.

Pushkarev, V.V., Gaevoy, A., Kolchurin, A., Skachko, A.V., & Lozovsky D.N. (2019). Criminal prosecution and qualification of cybercrime in the digital economy. Journal of Advanced Research in Dynamical and Control Systems, 11(8 SI), 2563-2566.

Pushkarev, V.V., Poselskaya, L.N., Skachko, A.V., Tarasov, A.V., & Mutalieva, L.S. (2021). Criminal prosecution of persons who have committed crimes in the banking sector. Cuestiones Políticas, 39(69), 395-406. doi: 10.46398/cuestpol.3969.25

Vasiliev, D.V. (2015). The emergence and formation of the institute of preliminary investigation in Russia in the XIX-XX centuries. In E. P. Tkacheva (Ed.)., Modern trends in the development of science and technology: A collection of scientific papers based on the materials of the IV International Scientific and Practical Conference, Belgorod, Russia, July 31, 2015 (Part IV, pp. 15-18). Belgorod: IP Tkacheva E.P.

Verushkina, E.V. (2018). Problems of inquiry in abbreviated form in criminal cases, investigative bodies of inquiry of the FSSP of Russia. Practice of enforcement proceedings, 2, 31-44.

Vodyanik, E.A. (2012). The possibility of participating in criminal proceedings as a defender of "other persons". Lawyer, 12, 58-64.

Volevodz, A.G., & Litvishko, P.A. (2010). Procedural aspects of simplified (accelerated) criminal proceedings in some European countries. Russian Justice, 10, 38-41.

Yarygina, L.A. (2017). Proving in the production of an inquiry in an abbreviated form: dis. ... cand. jurid. sciences. Samara National Research University named after Academician S.P. Korolev, Samara, 252 p.

Zotova, M.V. (2016). Inquiry in abbreviated form in the Russian criminal process: dis. ... cand. jurid. sciences. Moscow Academy of Economics and Law, Moscow, 237 p.




DOI: http://dx.doi.org/10.21902/Revrima.v3i32.5641

Apontamentos

  • Não há apontamentos.




Revista Relações Internacionais do Mundo Atual e-ISSN: 2316-2880

Rua Chile, 1678, Rebouças, Curitiba/PR (Brasil). CEP 80.220-181

Licença Creative Commons

Este obra está licenciado com uma Licença Creative Commons Atribuição-NãoComercial 4.0 Internacional.