Initiation of a criminal case as a stage of Russian criminal proceedings

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Introduction: the article examines some problematic issues related to the initiation of a criminal case as one of the stages of Russian criminal proceedings. The author’s proposals for making a number of amendments and additions to the criminal procedure law determine the practical significance of the research and its applied nature. Materials and Methods: the work used regulatory and legal sources, scientific publications devoted to the institution of criminal proceedings, including publications related to the improvement of criminal procedure legislation, as well as modern law enforcement practice. The methodological basis of the research is a systematic approach to the study and analysis of social and legal phenomena. In the course of the research, a set of the following methods was used: comparative-legal, structural-functional, formal-legal, system analysis, a system of general scientific and private methods of cognition, as well as logical techniques and methods of research (analysis, synthesis, induction, deduction). Results of the Study: allowed the author to summarize the materials collected in the process of studying issues related to the formation and development of the institution of criminal proceedings. It was possible to identify some features of its development and scientifically substantiate them. In addition, in response to the conducted research, it was possible to formulate and propose a number of amendments and additions to the normative legal acts concerning the institution of criminal proceedings as an independent, full-fledged stage of criminal proceedings. Findings and Conclusions: the institution of initiation of a criminal case as a stage of criminal proceedings has not yet been fully considered in modern legal science. In order to eliminate the gaps identified in the criminal procedure law regarding the initiation of criminal proceedings, a number of amendments to the Russian criminal procedure law are required.

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Initiation of a criminal case, stages of criminal proceedings, reasons, grounds, legal decision, crime, information, report

Короткий адрес: https://sciup.org/143174441

IDR: 143174441   |   DOI: 10.24412/2312-3184-2021-2-104-114

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