On the Question of the Motivation of Interim Court Decisions on the Extension of a Preventive Measure in the Form of Detention
- Authors: Vasilieva M.R.1
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Affiliations:
- The Supreme Court of Tatarstan Republic
- Issue: Vol 14, No 7 (2021)
- Pages: 212-217
- Section: Articles
- URL: https://journals.eco-vector.com/2072-3164/article/view/531408
- ID: 531408
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Abstract
The aim of the study. The article examines the issues of the motivation of interim court decisions on the extension of a preventive measure in the form of detention. The aim of the study is to identify the level of motivation of these decisions, which is necessary to increase the level of legal guarantees for the observance of human rights and freedoms, as well as to determine the directions for improving the criminal procedure legislation and judicial practice. Conclusions. As a result of the study, the author comes to the conclusion that the level of motivation for interim court decisions is low, which leads to heterogeneity of judicial practice and the adoption of court decisions that violate human rights and freedoms. There is a need to develop scientifically grounded recommendations and proposals for amending the Resolution of the Plenum of the Supreme Court of the Russian Federation "On the practice of applying by courts legislation on preventive measures in the form of detention, house arrest, bail and prohibition of certain actions" in order to increase the level of motivation of court decisions on the extension of the preventive measure in the form of detention.
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About the authors
Margarita Ratmirovna Vasilieva
The Supreme Court of Tatarstan Republic
Email: vasileva.margarita.r@yandex.ru
judge assistant Kazan, Russian Federation
References
- Belyaev M.V. Judicial decisions in the Russian criminal process: theoretical foundations, legislation and practice: dis., Dr. Sci. (Law) (: 12.00.09: approved. 06/23/2019. M., 2019.472 p.
- Kachalov V.I., Kachalova O.V. Detention as a preventive measure: justification for application and renewal: a guide. M .: Business style, 2019.82 p.
- Krivosheev S.I. Non-motivation of court decisions as a basis for review on appeal // Vestnik VSU. Series: Law. 2017. No. 3. P. 274-279.
- Kudryavtseva A.V. The motivation of the court decision as a component of the fairness of the trial // Criminal justice. 2018.No. 11.P. 61-64.
- Lupinskaya P.A. Decisions in criminal proceedings: theory, legislation, practice. - 2nd ed., Rev. and add.: monograph. Moscow: "Norm: INFRA-M", 2010, 240 p.
- Chervotkin A.S. Intermediate court decisions in criminal proceedings: monograph. M .: "Prospect", 2017.376 p.
- Chervotkin A.S. Interim court decisions and the procedure for their revision in the Russian criminal process: author. for a scientific degree, Cand. Sci. (Law) 12.00.09 - Criminal procedure, forensic science; operational-search activity M., 2014.25 p.
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