ON THE CRITERIA FOR THE COURT’S ANALYSIS OF PETITIONS IN CRIMINAL PROCEEDINGS

The article presents the classification formulated by the author of the most common grounds for the judge’s refusal to satisfy the petitions submitted. Some problems of the procedural regulation of the institute of petitions in the field of criminal proceedings are identified. The author’s criteria for evaluating the petitions submitted by the judge are proposed: legality, validity, timeliness of submission, absence of the applicant’s intention to abuse law; the analysis of these criteria is carried out. The specifics of the court’s consideration of petitions in the framework of a preliminary hearing are reflected on the example of the resolution of petitions for the exclusion of evidence. The thesis on the inexpediency of resolving the above-mentioned type of petitions at this stage of the proceedings within the framework of the general procedure of the case is argued. The conclusion is formed about the need to analyze the relevance, admissibility and sufficiency of evidence characterizing the circumstances that are the subject of identification in the petitions for judicial action, and their systematization in criminal cases of crimes of various categories. The amendments proposed by the author to the Code of Criminal Procedure of the Russian Federation are reflected, characterizing the features of the application and consideration of petitions at the stage of the preliminary hearing and at the stage of the trial of criminal cases. In particular, it is proposed to file petitions exclusively in writing, to exclude the possibility of a court considering a second petition that completely repeats the previous petition on the grounds and textually; to establish mandatory requirements reflecting the criteria for evaluating the petitions by the court; to make adjustments to Part 4 of Article 271 of the Code of Criminal Procedure of the Russian Federation, regulating the court’s obligation to satisfy a person’s petition for questioning a witness or specialist, who appeared at the court hearing at the initiative of the parties regarding the establishment of requirements for substantiation in the petition of the relevance of the testimony by a witness or a specialist.

petitions, criminal proceedings, criteria for evaluating petitions, abuse of law, relevance, admissibility, suf- ficiency of evidence, trial, timeliness, preliminary hearing, legal regulation of the institute of petitions

Kombarova E. L. On the criteria for the court’s analysis of petitions in criminal proceedings. Biznes. Obrazovanie. Pravo = Business. Education. Law. 2025;1(70):186—193. DOI: 10.25683/VOLBI.2025.70.1199.