The genesis of the development of normative regulation of the defender access to the criminal case file at the stage of completion of the preliminary investigation

Автор: Nesterov Oleg Anatolyevich

Журнал: Евразийская адвокатура @eurasian-advocacy

Рубрика: Защита профессиональных прав адвоката

Статья в выпуске: 1 (32), 2018 года.

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Purpose: Research into the problem of intentional delay in the process of familiarizing the defender and the defendant with the criminal case file at the stage of completion of the preliminary investigation. Methodology: Historical, legal and formally legal methods were used. Results: In the article attention is drawn to the insufficient regulation in the law of the right to re-appeal for familiarization with the criminal case file. In this regard, the defender and the defendant can use this gap to delay the criminal trial. The necessity to denote the category of explicit delay in acquaintance with criminal case files is set. Since this category has an evaluating character and entails certain difficulties in the course of law enforcement practice, therefore, more complete legislative regulation of this issue is required. Novelty/originality/value: The relevance of the chosen topic is explained by the existence of a problem of deliberately delaying the process of acquaintance with the criminal case file, due to the insufficient regulation of this issue in the legislation.


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IDR: 140225167

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