Grounds and Conditions for Conducting a Short-Form Inquest
- Авторлар: Lychev M.V.1
-
Мекемелер:
- Moscow State Pedagogical University
- Шығарылым: Том 15, № 5 (2022)
- Беттер: 444-448
- Бөлім: Articles
- URL: https://journals.eco-vector.com/2072-3164/article/view/531776
- ID: 531776
Дәйексөз келтіру
Ашық рұқсат
Рұқсат берілді
Аннотация
The article discusses certain norms of chapter 32.1 of the Code of Criminal Procedure of the Russian Federation of the Code of Criminal Procedure of the Russian Federation, which regulate the grounds and conditions for the implementation of a short-form inquest and author's works on this issue with a view to the need to change these norms in order to better use a simplified inquest, with the use of which criminal cases are investigated for crimes provided for Parts 2 and 3 of Art. 15 of the Criminal Code of the Russian Federation. The purpose of this article is to show the need to develop the institution of inquest in a short form through a comparative analysis of the total number of criminal cases that are investigated using a short-form inquest and the number of crimes of small and medium gravity, which account for 70% of the total number of all crimes for the period from 2014 to 2021 of the year. At the same time, the article points out the need to pay attention to not the deterioration of the procedural rights of the victim, but mainly the suspect in the event of amendments, to Article 226.1 of the Criminal Procedure Code of the Russian Federation. The conclusion that was formulated as a result of the work carried out is that the contradictions that have currently formed in practice create the need to amend the norms of the Criminal Procedure Code of the Russian Federation that regulate accelerated inquest. This conclusion follows from the fact that the number of criminal cases investigated by investigators using an accelerated form of inquest is incomparably low with the number of crimes of small and medium gravity that could be investigated using this form of inquest.
Негізгі сөздер
Толық мәтін
Авторлар туралы
Mikhail Lychev
Moscow State Pedagogical University
Email: lyhevfemida@mail.ru
Postgraduate student of Socio-Humanitarian Education Institute Moscow, Russia
Әдебиет тізімі
- Aleksandrov S.A. Abbreviated inquiry: novels of the Code of Criminal Procedure of the Russian Federation and the complexity of their application / S.A. Aleksandrov, M.V. Lapatnikov // Criminal trial. 2013. No. 4.
- Gerasenkov V.M. Topical issues of the production of inquiry in an abbreviated form. // Bulletin of the Bryansk State University. 2015. No. 1.
- Golovko L.V. Course of criminal procedure. M., 2017.
- Grigoriev D.A. Accelerated form of pre-trial proceedings in a criminal case and human rights // Justice of the peace. 2011. No. 6.
- Davletov A.A. Criminal Justice of the Russian Federation: a course of lectures. 5th ed., revised. and additional Yekaterinburg: IRA UTK, 2017.
- Zhuravleva N.M. Inquiry in an abbreviated form in the Russian criminal process: problems of legislative regulation, theory and law enforcement. Yekaterinburg 2020.
- Kolosovich M.S., Kolosovich O.S., Mitkova Yu.S. Registration of materials of a criminal case during the production of an inquiry in an abbreviated form: a textbook. - Volgograd: Vesti-Plus, 2014.
- Muraviev K.V. Inquiry in an abbreviated form: commentary on chapter 32.1 of the Criminal Procedure Code of the Russian Federation // Legislation and practice. 2013. No. 1
- Perekrestov V.N. Admission of guilt as a condition for an abbreviated procedure of inquiry // Inquiry in an abbreviated form: issues of legislative regulation and problems of law enforcement: Sat. Art. / under total ed. I.S. Dikareva. Volgograd, 2013.
- Sadykov A.U. Problems of legal regulation of inquiry in an abbreviated form // Society and Law. 2015. No. 4 (54).
- Yushkov S.V. Socio-political system and law of the Kyiv state. M., 1949.
- Monthly collection of the General Prosecutor's Office of the Russian Federation The state of crime in Russia for 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021.
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