Rotar A.I. —
Means of ensuring the rights to a fair trial after charges have been pressed
// Law and Politics. – 2017. – ¹ 7.
– P. 67 - 74.
DOI: 10.7256/2454-0706.2017.7.43083
URL: https://en.e-notabene.ru/lamag/article_43083.html
Read the article
Abstract:
The subject of this research is the norms of constitutional and criminal procedural legislation, legal positions of the Constitutional Court of the Russian Federation, results of scientific studies, statistical data, and judicial practice materials that pertain to the study area. First and foremost, the author examines the norms and positions, which regulate peculiarity of the status of affected party, procedural provision of parties of the stage of criminal case initiation, as well as procedural aspects of its execution. One of the key problems of protection of rights of the persons harmed by criminal acts consists in ensuring their interests at the pretrial stages of criminal case processing. The conducted research demonstrates the currently existing situation with realization of mechanisms that ensure right to access to justice faces the abundance of issues. At the stage of criminal case initiation, there is an interested party, although without the formal status of a victim. It leads to the following problem: if the legitimate interest of a person alongside the presumption of their violation are present, there must be the guarantees for their protection, including the means of ensuring the right to access to justices. The conclusion is made that for individual involved into any procedural actions at the stage of criminal case initiation must be provided the supporting means that allow referring to judicial defense. In turn, the absence of procedural form for the other proceedings, realization of which is possible at the stage of criminal case initiation, impairs efficiency of the only indicated supporting means – clarification of the rights and responsibilities. As a result, the author substantiates the need for amending the draft of the Part 1.1 of the Article 144 of the Criminal Procedural Code of the Russian Federation and addendum of a new Part 1.2 to this Article. These rules are suggested to be viewed as means of ensuring the access to justice, and must belong to all parties of any procedural actions.
Rotar A.I. —
// Law and Politics. – 2014. – ¹ 8.
– P. 1217 - 1223.
DOI: 10.7256/2454-0706.2014.8.12622
Read the article
Rotar A.I. —
// Law and Politics. – 2014. – ¹ 8.
– P. 1217 - 1223.
DOI: 10.7256/2454-0706.2014.8.42497
Read the article