About the Origins of the Problems of Differentiation and Unification of Preliminary Investigation
- Authors: Polyakova M.P.1, Smolin A.Y.1
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Affiliations:
- Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia
- Issue: Vol 20, No 5 (2024)
- Pages: 92-95
- Section: Criminal Law
- URL: https://journals.eco-vector.com/2541-8025/article/view/685609
- DOI: https://doi.org/10.33693/2541-8025-2024-20-5-92-95
- EDN: https://elibrary.ru/UXMTBW
- ID: 685609
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Abstract
Differentiation of preliminary investigation is the main trend in the development of modern criminal proceedings. At the same time, the authors claim that it is the unification of the criminal procedural form that is the general rule, while differentiation is only an exception to it, which is especially noticeable within the framework of the technological approach to legal proceedings. In the article, against the background of the concept of unification of preliminary investigation, the advantages and disadvantages of the idea of its differentiation are analyzed.
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About the authors
Mikhail P. Polyakova
Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia
Author for correspondence.
Email: polmihpet@rambler.ru
SPIN-code: 4225-9060
Scopus Author ID: 412265
Dr. Sci. (Law), Professor, Honored Lawyer of the Russian Federation, professor of the department of Criminal Procedure
Russian Federation, Nizhny NovgorodAlexey Yu. Smolin
Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia
Email: A.Y.Smolin@yandex.ru
SPIN-code: 8125-3841
Scopus Author ID: 695992
Cand. Sci. (Law), Head of the editorial and publishing department
Russian Federation, Nizhny NovgorodReferences
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- Pashkevich P.F. Procedural forms of criminal proceedings need to be differentiated // Socialist legality. 1974. No. 9. Pp. 54–56.
- Polyakov M.P. Differentiation and unification as «yin» and «yang» of modern issues of preliminary investigation // Actual problems of preliminary investigation. Collection of scientific articles following the All-Russian conference (October 18, 2018) —Nizhny Novgorod, 2019. —Pp. 298–304.
- Polyakov M.P., Smolin A.Yu. The principle of procedural economy in criminal proceedings: Monograph. —Nizhny Novgorod: Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia, 2011.
- Smolin A.Yu. Criminal Procedure as a Technology: the Essence of the Approach // Legal Science and Practice: Bulletin of the Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia. 2024. No. 1 (65). Pp. 133–137.
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