THE RIGHT OF PARTICIPANTS IN PRE-TRIAL PROCEEDINGS REVIEW AND ASSURANCE AT THE STAGE OF PREPARATION TO A JUDICIAL SESSION
(224-228)

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Krepinevich Svetlana Sergeevna. Position: Deputy head of chair. Place of employment: Russian state University of justice. Department: criminal procedure law chair.
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Annotation:
Purpose, task: Preparation for the trial in the pre-trial States of criminal proceedings is accompanied by the presence of multiple new, complex problems of ensuring the rights of participants. The most important and relevant of them is the lack of sufficient and properly systematized legal regulation of social relations, which are developing at the preparatory stage of the court session, which is not only the domestic criminal proceedings, but also a number of foreign States, as written, in particular, scientists of the Republic Of Kazakhstan (K.A. Shaukharov). The task, which was directly set by the author, is to pose the problem of ensuring the right of payment to the participants of pre-trial proceedings at the stage of preparation for the trial and the development of proposals for its optimal resolution. Methodology: in the course of the study various General and private scientific research methods were used: induction, deduction, generalization, abstraction, forecasting, modeling, functional-structural analysis, systematic, logical, comparison, formalization, etc. Conclusions: as a result of the study the following conclusions are formulated: 1. Ensuring the right of appeal of procedural actions (non-action) and decisions of the bodies of pre-trial proceedings should include the Commission of procedural actions prior to the hearing of the complaint. 2. The presence of the preparatory stage before the court session, with the consideration and resolution of issues arising in connection with the insufficient completeness of the materials submitted to the court on the complaints, whether their non-compliance with the requirements of the criminal procedure law, can significantly improve the quality of court decisions, the degree of their legality and validity. 3. For the proper implementation of the preparatory actions the judge before the trial for the consideration of complaints about illegal restriction or violation of the constitutional rights of participants in criminal proceedings, proposed legislation to provide authorization of a judge on the compliance check of submissions established by law, which is necessary to Supplement article 125 of the code of criminal procedure the new parts 3 and 4. The possibility of subsequent use: the results Obtained can be used to improve the criminal procedure legislation of the Russian Federation, to continue research in the field of mechanisms to ensure the rights of participants in criminal proceedings, to optimize the procedural powers of judges, investigators, other participants of preparatory activities, to improve judicial and investigative practice, as well as during the educational process in the preparation of students in the direction of «Jurisprudence» (bachelor, master, postgraduate). The practical significance of the results is expressed in the possibility of their use in investigative and judicial activities. Social significance of the obtained results revealed indirectly, through the optimization of legislative regulation of criminal procedure relations and improve legal protection of the rights of citizens in the preparation for court hearing review, MS-head of the pre-trial stages of criminal proceedings. The value of the results obtained is due to the presence in it of the formation of the problem, which is essential for the improvement of criminal proceedings in General (to achieve their appointment in full), as well as in a certain part-to increase the level of protection of rights and freedoms, the legitimate interests of participants. On the basis of the conducted research, new knowledge about the elements of the legal system in the pre-trial stages of criminal proceedings was obtained, and the conclusions can be useful for the formation of judicial practice, excluding the violation of the rights of participants. The work is intended for researchers and practitioners, students of law schools
How to Cite:
Krepinevich S.S., (2018), THE RIGHT OF PARTICIPANTS IN PRE-TRIAL PROCEEDINGS REVIEW AND ASSURANCE AT THE STAGE OF PREPARATION TO A JUDICIAL SESSION. Gaps in Russian legislation, 5: 224-228.
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Keywords:
criminal proceedings, training, the hearing, right.