Kuzmina E.A. —
Limits of Appeal to the Prosecutor and Decisions of Preliminary Investigation Agencies as One of the Issues that Arises in the Process of Complaint Investigation at Russian Federation Prosecution Office According to Article 124 of the Russian Federation Code of Criminal Procedure
// Legal Studies. – 2019. – ¹ 3.
– P. 13 - 19.
DOI: 10.25136/2409-7136.2019.3.29016
URL: https://en.e-notabene.ru/lr/article_29016.html
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Abstract: The object of the research is social and criminal process relations that arise during appeal to the prosecutor regarding procedural action or inaction and decisions of preliminary investigation agencies. This is an important issue that arises in the process of accepting the complaint according to Article 124 of the Russian Federation Code of Criminal Procedure. The author of the article covers important points such as the basis, matter and limits of the appeal. The subject of the research is the legal standards that regulate limits of appeal to the prosecutor regarding procedural actions and decisions of preliminary investigationi agencies as well as law-enforcement practice of implementation of aforesaid standards, statistical data, and research opinions on the matter. The methodological basis of the research includes general and special research methods such as analysis, induction, deduction, structured system analysis, comparative, formal law and technical law analysis. The main conclusions of the research is that the author emphasizes the need in integral evaluation of a number of issues that may arise in the process of appeal to the prosecutor regarding action or inaction and decisions of preliminary investigation agencies, in particular, legislative recognition of particular limits of appeal to the prosecutor in a single legal act. This would eliminate uncertainty that is often caused by appeal to the prosecution office and would create additional opportunity for citizens to defend their rights and freedoms.
Kuzmina E.A. —
The right to appeal the procedural actions and decisions as means of protection of civil rights in pre-trial process
// Law and Politics. – 2017. – ¹ 12.
– P. 84 - 89.
DOI: 10.7256/2454-0706.2017.12.43122
URL: https://en.e-notabene.ru/lamag/article_43122.html
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Abstract: The object of this research is the public criminal procedure legal relations pertaining to the right to appeal procedural actions (or lack thereof) and decisions of officials carrying out the criminal process, representing the means of protection of rights and liberties of citizens at the pre-trial stage. The article explores such topics as concept, meaning, parties and subject of this type of appeal. The subject of this research is the laws regulating the right to appeal the procedural actions and decisions as means of protection of civil rights in pre-trial process, legal practice of implementation of these norms, statistical data and academic views on this topic. The main conclusions of this research are expressed in the need for a complex assessment of the entirety of questions of appeal of actions (or inaction) and decisions of officials carrying out the criminal procedure, as well as determination of the weak links that still require legal resolutions, namely: establishing the limits of function of the right to appeal through legislation of limited term for filing an appeal, identifying the stage of the process of appeal, etc.