On the Issue of the Stage of Initiation of a Criminal Case: It’s Time for the Legislator to Dot the Dots
( Pp. 28-34)

More about authors
Gavrilov Boris Ya. Doctor of Law, Professor; Professor at the Department of Management of Crime Investigation Units
Federal State Educational Institution of Higher Education “Academy of Management of the Ministry of Internal Affairs of Russia”
Moscow, Russian Federation
Abstract:
The publication discusses issues related to the assessment of the genesis and current state of the rules for the adoption by an investigator, inquirer, body of inquiry of a procedural decision to refuse to initiate a criminal case, the legality and validity of making such decisions based on the results of a procedural check of an application, a report on a crime and the negative impact of these decisions on the implementation of the right of citizens to access provided for in Article 52 of the Constitution of the Russian Federation access to justice and compensation for the damage caused by them, and is also one of the reasons for the distortion of statistical data on the state of crime.
How to Cite:
Gavrilov B.Ya. On the Issue of the Stage of Initiation of a Criminal Case: It’s Time for the Legislator to Dot the Dots. Lobbying in the Legislative Process. 2023. Vol. 2. No. 2. Pр. 28–34. (In Rus.) DOI: 10.33693/2782-7372-2023-2-2-28-34. EDN: CUXRXF
Reference list:
On refusal to accept for consideration the complaint of citizen Ruslan Tigranovich for violation of his constitutional rights by Part one of Article 175 of the Criminal Procedure Code of the Russian Federation: ruling of the Constitutional Court of the Russian Federation No. 533-O of December 21, 2006. SPS ConsultantPlus.
Vitsin S.E. Institute of initiation of criminal proceedings in criminal proceedings. Russian Justice. 2003. No. 6. Pp. 54–56. (In Rus.)
Volevodz A.G. Abolishing the stage of initiating a criminal case: The price of the issue. Criminal Process. 2014. No. 1. Pp. 80–83. (In Rus.)
Volodina L.M. Criminal proceedings: State and problems of development. Bulletin of Economic Security. 2016. No. 5. Pp. 86–89. (In Rus.)
Gavrilov B.Ya. Initiation of a criminal case as a stage of the criminal process: Is it necessary for the Russian preliminary investigation and in what form? Investigation of Crimes: Problems and Ways to Solve Them. 2016. No. 4. Pp. 86–90. (In Rus.)
Gavrilov B.Ya. The concept of improving pre-trial proceedings in the XXI century: The opinion of science and practice. Bulletin of the Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia. 2017. No. 2 (38). Pp. 74–81. (In Rus.)
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Dikarev I.S., Kruglikov A.P. The essence and actual problems of the stage of initiation of a criminal case: Monograph. Moscow: Yurlitinform, 2014. 406 p.
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Polyansky N.N. An essay on the development of Soviet science criminal proceedings. Moscow, 1960. 212 p.
Resolution of the Central Committee of the CPSU and the Council of Ministers of the USSR of July 23, 1966 No. 571 “On measures to strengthen the fight against crime”. URL: https://docs.cntd.ru/document/765711497 (date of accesses: 05.05.2023).
Resolution of the Constitutional Court of the Russian Federation No. 28-P dated 15.06.2021 “On the case of checking the constitutionality of paragraph 2 of part one article 24 of the Criminal Procedure Code of the Russian Federation in connection with the complaint of citizen D.K. Mikhailov. Collection of Legislation of the Russian Federation. 28.06.2021. No. 26. Article 5043.
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Foynitsky I.Ya. Course of criminal proceedings (reprinted). Vol. 2. St. Petersburg, 1996. 607 p.
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Shadrin V.S. The fate of the stage of initiation of a criminal case. Legality. 2015. No. 1. Pp. 47–48. (In Rus.)
Keywords:
statement, crime report, investigator, inquirer, body of inquiry, refusal to initiate criminal proceedings, legality and validity, statistical data on the state of crime.


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