FEATURES OF A JUDGE’S PLANNING OF THE JUDICIAL INVESTIGATION IN THE MODERN CRIMINAL PROCEDURE
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Author(s): | Kombarova E. L., |
| Number of journal: | 3(76) | Date: | September 2026 |
| Annotation: | The article examines the role of planning the judicial investigation as an element of the forensic component of judicial activity. It characterizes the specifics of the court’s planning of the judicial investigation during the period of the RSFSR Criminal Procedure Code of 1960. The article notes the active role of the judge in the process of examining evidence, which necessitates the court’s determination of the tactical line of examining the circumstances of the case, as well as individual tactics and their implementation during the judicial investigation. The article explores the features of the planning of the judicial investigation in the context of the modern Criminal Procedure Code of the Russian Federation of 2001, particularly the influence of the adversarial principle in criminal proceedings on the specifics of a judge’s planning of the judicial investigation, which determines the impossibility of the judge’s planning of examining evidence in the context of finding flaws in the evidence base and modeling the process of proof from the perspective of the investigator or other participants in criminal proceedings. The article identifies similarities and differences in the factors that determine the planning of the judicial investigation in the Soviet period and in the present day. Attention is paid to the specifics of planning the stage of the judicial investigation in the context of digitalization, including the analysis of the court’s decision to conduct certain judicial actions in a remote format, and the systematization of the advantages and disadvantages of conducting criminal trials using video conferencing. The author proposes changes to the criminal procedure legislation, which include the introduction of a new article 231.1 in the Criminal Procedure Code of the Russian Federation, which regulates the obligation for the judge to create a written plan of the judicial investigation for each court session, describes the structure of this plan, and outlines the conditions for its implementation. The author argues that the plan of the judicial investigation should be an integral part of the judicial record-keeping process and should be presented to the court of appeal, along with the materials of the criminal case, if necessary. | ||
| Keywords: | judicial investigation, planning, court, tactics, digitalization, video conferencing, forensic recommendations, tactical line, tactical technique, criminal procedure legislation, public interest, private interest |
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| For citation: | Kombarova E. L. Features of a judge’s planning of the judicial investigation in the modern criminal procedure. Biznes. Obrazovanie. Pravo = Business. Education. Law. 2026;3(76):176—183. DOI: 10.25683/VOLBI.2026.76.1703. |
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