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Actual Problems of Russian Law

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THE HEAD OF THE INVESTIGATIVE BODY IS THE SUBJECT OF THE APPEAL TO A COURT DECISION IN A PRE-TRIAL PROCEEDING

https://doi.org/10.17803/1994-1471.2016.72.11.152-162

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Abstract

Judicial control over the activities of the bodies of preliminary investigation is an integral part of the legal state and civil society. Enshrined in the Constitution of the Russian Federation, the provisions that do not allow the limitation of constitutional rights and freedoms of citizens without a court order, are an express guarantee of the respect for the rights and legitimate interests of individuals involved in criminal proceedings. However, the lack of legislative regulation of procedural forms of activity within the supervisory Court productions allows you to doubt its effectiveness. One of the debating points requiring prompt legislative approval is the right of the head of an investigative body to challenge interlocutory judgments in a pre-trial proceeding. The author concludes that the existing legal regulation makes it possible to state the changing functional purpose of powerful participants in criminal proceedings in the judicial supervisory activities, establishment of the procedural autonomy of the investigating body, necessitating legislative consolidation of the rights of the head of the investigative body to make the appeal submission, and the head of the superior investigating body - to make a Cassation Court decision on submission of the results of forensic control productions.

For citations:

Beketov A.O. THE HEAD OF THE INVESTIGATIVE BODY IS THE SUBJECT OF THE APPEAL TO A COURT DECISION IN A PRE-TRIAL PROCEEDING. Actual Problems of Russian Law. 2016;(11):152-162. (In Russ.) https://doi.org/10.17803/1994-1471.2016.72.11.152-162

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ISSN 1994-1471 (Print)
ISSN 2782-1862 (Online)

ul. Sadovaya-Kudrinskaya, d. 9, Moscow, Russia, 125993

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