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
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.
Keywords:
differentiation, unification, preliminary investigation, criminal procedural ideology, Nizhny Novgorod school of proceduralists, technology..


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