About the Origins of the Problems of Differentiation and Unification of Preliminary Investigation
( Pp. 92-95)
More about authors
Mikhail P. Polyakov
Dr. Sci. (Law), Professor, Honored Lawyer of the Russian Federation, professor of the department of Criminal Procedure
Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia
Nizhny Novgorod, Russian Federation Alexey Yu. Smolin Cand. Sci. (Law), Head of the editorial and publishing department; Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia; Nizhny Novgorod, Russian Federation
Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia
Nizhny Novgorod, Russian Federation Alexey Yu. Smolin Cand. Sci. (Law), Head of the editorial and publishing department; Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia; Nizhny Novgorod, Russian Federation
Abstract:
Differentiation of preliminary investigation is the main trend in the development of modern criminal proceedings. At the same time, the authors claim that it is the unification of the criminal procedural form that is the general rule, while differentiation is only an exception to it, which is especially noticeable within the framework of the technological approach to legal proceedings. In the article, against the background of the concept of unification of preliminary investigation, the advantages and disadvantages of the idea of its differentiation are analyzed.
How to Cite:
Polyakov M. P., Smolin A. Yu. About the Origins of the Problems of Differentiation and Unification of Preliminary Investigation // ECONOMIC PROBLEMS AND LEGAL PRACTICE. 2024. Vol. 20. № 5. P. 92-95. (in Russ.) DOI: 10.33693/2541-8025-2024-20-5-92-95. EDN: UXMTBW
Reference list:
Krylov I.F., Bastrykin A.I. Search, inquiry, investigation. Moscow, 2014.
Pashkevich P.F. Procedural forms of criminal proceedings need to be differentiated // Socialist legality. 1974. No. 9. Pp. 54–56.
Polyakov M.P. Differentiation and unification as «yin» and «yang» of modern issues of preliminary investigation // Actual problems of preliminary investigation. Collection of scientific articles following the All-Russian conference (October 18, 2018) —Nizhny Novgorod, 2019. —Pp. 298–304.
Polyakov M.P., Smolin A.Yu. The principle of procedural economy in criminal proceedings: Monograph. —Nizhny Novgorod: Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia, 2011.
Smolin A.Yu. Criminal Procedure as a Technology: the Essence of the Approach // Legal Science and Practice: Bulletin of the Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia. 2024. No. 1 (65). Pp. 133–137.
Strogovich M.S. On Inquiry and Preliminary Investigation and the «Unified Investigative Apparatus» // Socialist Legality. 1957. No. 5. Pp. 19–26.
Pashkevich P.F. Procedural forms of criminal proceedings need to be differentiated // Socialist legality. 1974. No. 9. Pp. 54–56.
Polyakov M.P. Differentiation and unification as «yin» and «yang» of modern issues of preliminary investigation // Actual problems of preliminary investigation. Collection of scientific articles following the All-Russian conference (October 18, 2018) —Nizhny Novgorod, 2019. —Pp. 298–304.
Polyakov M.P., Smolin A.Yu. The principle of procedural economy in criminal proceedings: Monograph. —Nizhny Novgorod: Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia, 2011.
Smolin A.Yu. Criminal Procedure as a Technology: the Essence of the Approach // Legal Science and Practice: Bulletin of the Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia. 2024. No. 1 (65). Pp. 133–137.
Strogovich M.S. On Inquiry and Preliminary Investigation and the «Unified Investigative Apparatus» // Socialist Legality. 1957. No. 5. Pp. 19–26.
Keywords:
differentiation, unification, preliminary investigation, criminal procedural ideology, Nizhny Novgorod school of proceduralists, technology..
Related Articles
CRIMINALISTIC, PROCEDURAL AND OPERATIVE-SEARCH MEASURES TO COUNTER CRIME IN THE GLOBALIZATION CONDITIONS Pages: 19-23 Issue №23752
On the Question of the Procedural Independence of the Investigator in the Criminal Process
procedural independence
preliminary investigation
investigator
powers
legal status.
Show more
10. FORENSICS; FORENSIC EXPERTISE; OPERATIONAL AND SEARCH ACTIVITIES (12.00.12) Pages: 245-249 Issue №18617
The concept of validation of methodological support for forensic handwriting examination
validation
methodological support of forensic handwriting examination
standardization
unification
qualification
Show more
6. Judicial, prosecutorial, human rights and law enforcement activities Pages: 158-162 Issue №13807
DIGITAL TECHNOLOGY AS A TOOL PROSECUTORIAL SUPERVISION IN THE PRELIMINARY INVESTIGATION STAGE
digital technologies
prosecutorial supervision
preliminary investigation
software product
automated systems
Show more
6. Criminology Pages: 146-150 Issue №6543
Criminological Characteristics of Criminality in Prison
deviant behavior
disruptive action
a social phenomenon
prison crime
criminal law
Show more
10. FINANCE, CASH CIRCULATION AND CREDIT, ACCOUNTING AND ANALYSIS Pages: 134-139 Issue №2928
PROSPECTS OF TAX INCENTIVES OF INVESTMENTS TAKING INTO ACCOUNT IMPROVEMENT OF APPROACHES IN THE TAXATION OF PROFIT OF THE ORGANIZATIONS
tax incentives
investment
the multiplier
technological modernization
investment activity
Show more
5. CRIMINAL LAW AND CRIMINOLOGY; CRIMINAL ENFORCEMENT LAW Pages: 201-203 Issue №16680
Enforcement aspects related to qualification of fraudulent activities
fraud
direct intent
theft
qualification
preliminary investigation
Show more
8. CRIMINAL PROCESS (12.00.09) Pages: 215-220 Issue №18617
Problems in the assessment of the bodies of preliminary investigation efficiency and way to solve them. Foreign experience
preliminary investigation
effectiveness
evaluation criteria
foreign experience
assessments of the activity results
Show more
CRIMINAL LAW (5.1.4.) Pages: 218-222 Issue №24238
On the Issue of Ensuring the Rights of Minors During the Preliminary Investigation
minor
preliminary investigation
enforcement of rights
procedural guarantees
legal representative
Show more
LABOR LAW, SOCIAL SECURITY LAW (12.00.05) Pages: 197-202 Issue №19269
Legal Support for Foreign Labor Migration in the Russian Federation and the UAE: A Comparative Aspect
principle
selective migration
labor force
differentiation
qualifications
Show more
10. CRIMINAL LAW AND CRIMINOLOGY; CRIMINAL ENFORCEMENT LAW 12.00.08 Pages: 265-268 Issue №18758
Integration of digital technologies into preliminary investigations: problems, forecasts
informatization and digitalization
digital technologies
preliminary investigation
investigative actions
law enforcement
Show more
