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THE ESSENCE OF THE CONCEPT OF “JUDICIAL CONTROL„ AND SOME ISSUES OF THE COURT OPERATION ARRANGEMENT IN PRE-TRIAL CRIMINAL PROCEEDINGS

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PDF: Author(s): Vlasov V. I.,
Number of journal: 2(51) Date: May 2020
Annotation:

This article discusses the concept of “judicial control„ its subject, content and types in the modern legal sense. In the criminal procedure sphere, the following types of judicial control were noted: the court giving the preliminary investigation and inquiry the body for taking procedural coercion and conducting investigative and other procedural actions in order to ensure the constitutional rights of a citizen; in accordance with Part 5 of Art. 165 of the Code of Criminal Procedure of the Russian Federation, a court with the participation of the prosecutor exercises control over the lawfulness in urgent situations of the investigative action taken without a court decision and makes a decision on its legality or illegality; in accordance with Art. 125 of the Code of Criminal Procedure of the Russian Federation, considers complaints of unlawful actions or omissions of the officials of the bodies of preliminary investigation and inquiry in the process of pre-trial criminal proceedings. Based on this, it is possible to determine judicial control in pre-trial criminal proceedings as preliminary and subsequent. Consequently, preliminary and subsequent judicial control acts as an object; it is fixed in a certain list of articles of the Code of Criminal Procedure of the Russian Federation, which stipulate the procedure, conditions and procedure for its implementation. A broader understanding of the subject of judicial control includes an appeal to the court of a decision of the preliminary investigation and inquiry body, as well as the prosecutor, on the issues of the decision taken based on the results of the consideration of a report of a crime in accordance with Article 144 and 145 of the Code of Criminal Procedure of the Russian Federation, termination or suspension of criminal proceedings, which could damage the constitutional rights and freedoms of participants in criminal proceedings or impede citizens’ access to justice (part 3 of article 29, part 1 of article 125 of the code of criminal procedure). So, in the criminal procedure legislation there are three forms of judicial control, the scientific improvement of which is the content of this article.in the criminal procedure legislation.

Keywords:

subject; content; essence; judicial control; court activities; pre-trial proceedings; criminal case; investigator; petitions; investigative actions.

For citation:

Vlasov V. I. The essence of the concept of “judicial control„ and some issues of the court operation arrangement in pre-trial criminal proceedings. Business. Education. Law, 2020, no. 2, pp. 227–232. DOI: 10.25683/VOLBI.2020.51.212.