The Right of Participants in Criminal Proceedings to Appeal in the Pre-Trial Stages
( Pp. 94-99)
More about authors
Yuri V. Franciforov
Dr.Sci.(Law), Professor, Professor of the Department of Criminal Procedure
Saratov State Law Academy
Saratov, Russia Ksenia N. Gorshkova postgraduate student of the Department of Criminal Procedure
Saratov State Law Academy
Saratov, Russia
Saratov State Law Academy
Saratov, Russia Ksenia N. Gorshkova postgraduate student of the Department of Criminal Procedure
Saratov State Law Academy
Saratov, Russia
Abstract:
Abstract: The purpose of the study. The article deals with the problem of forecasting the development of the right to appeal in criminal proceedings. A comparative legal analysis of the norms of the right to appeal against the Statute of Criminal Proceedings of 1864 and the modern Criminal Procedure Code of the Russian Federation has been carried out. The purpose of the study is to establish and identify similarities and differences in the legal mechanisms governing the right to appeal in order to predict its development in the future. Conclusions. The modern version of the right to appeal at the pre-trial stage of the criminal process has much in common with the right to appeal in pre-revolutionary Russia, which allows us to talk about the cyclical development of criminal procedural legislation. We predict that the vector of development in the future will be aimed at democratizing the right to appeal, improving mechanisms to increase its accessibility and effectiveness at the pre-trial stage of the criminal process.
How to Cite:
Franciforov Yy.V., Gorshkova K.N. The Right of Participants in Criminal Proceedings to Appeal in the Pre-Trial Stages // Gaps in Russian Legislation. 2024. Vol. 17. №5. Pp. 094-099. (in Russ.). DOI: 10.33693/2072-3164-2024-17-5-094-099. EDN: JWWAFQ
Reference list:
Kuzmina O.V. Investigator as a subject of appeal against court decisions at the pre-trial stage of the criminal process // Criminal law. 2010. N 3. pp. 85-89.
Usachev A.A. Appeal against actions and decisions of the court and officials conducting criminal proceedings//Criminal proceedings/Ed. by A.I. Bastrykin, A.A. Usachev. M.: Publishing house Yurayt. 2014.- 545 p.
Mirgorodskoy E.R. A retrospective analysis of the formation of the institute of judicial control// Tribune of the young scientist.2021.No.1.pp.74-79.
Grigorieva N.V. The main historical stages of the development of the institute of appeal in pre-trial proceedings// Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia.2015.No.3. pp.138-140.
Yakupov D.A. The concept and meaning of appeal in criminal proceedings//The course of criminal proceedings//Edited by V.A. Mikhailov, Voronezh: Publishing house of NPO MODEK, 2006. – 826 p.
Foynitsky I. Ya. Acquittal decisions of jurors // Journal of Civil and Criminal Law. 1879. Book 6. pp. 1-64.
Smolkova I.V. The Statute of criminal proceedings - the great monument of the epoch// Glagol of justice.2014. No.2.Pp. 48-53.
Nikitina E.V. Procedure for consideration of a complaint by a prosecutor, head of an investigative body/ Edited by V.S. Balakshin, Yu.V. Kozubenko, A.D. Proshlyakov. -M.: Infotropik media, 2016. – 912 p.
Ryzhakov A.P. The procedure for consideration of the complaint by the prosecutor and the court/Criminal trial/A.P. Ryzhakov. M.: Publishing house Exam, 2007. -718 p.
Ryzhakov A.P. Poryadok rassmotreniya zhaloby prokurorom i sudom/Ugolovnyy protsess/A.P. Ryzhakov. M.: Izd-vo Ekzamen, 2007. -718 s.
Usachev A.A. Appeal against actions and decisions of the court and officials conducting criminal proceedings//Criminal proceedings/Ed. by A.I. Bastrykin, A.A. Usachev. M.: Publishing house Yurayt. 2014.- 545 p.
Mirgorodskoy E.R. A retrospective analysis of the formation of the institute of judicial control// Tribune of the young scientist.2021.No.1.pp.74-79.
Grigorieva N.V. The main historical stages of the development of the institute of appeal in pre-trial proceedings// Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia.2015.No.3. pp.138-140.
Yakupov D.A. The concept and meaning of appeal in criminal proceedings//The course of criminal proceedings//Edited by V.A. Mikhailov, Voronezh: Publishing house of NPO MODEK, 2006. – 826 p.
Foynitsky I. Ya. Acquittal decisions of jurors // Journal of Civil and Criminal Law. 1879. Book 6. pp. 1-64.
Smolkova I.V. The Statute of criminal proceedings - the great monument of the epoch// Glagol of justice.2014. No.2.Pp. 48-53.
Nikitina E.V. Procedure for consideration of a complaint by a prosecutor, head of an investigative body/ Edited by V.S. Balakshin, Yu.V. Kozubenko, A.D. Proshlyakov. -M.: Infotropik media, 2016. – 912 p.
Ryzhakov A.P. The procedure for consideration of the complaint by the prosecutor and the court/Criminal trial/A.P. Ryzhakov. M.: Publishing house Exam, 2007. -718 p.
Ryzhakov A.P. Poryadok rassmotreniya zhaloby prokurorom i sudom/Ugolovnyy protsess/A.P. Ryzhakov. M.: Izd-vo Ekzamen, 2007. -718 s.
Keywords:
Statute of Criminal Proceedings of 1864, right to appeal, pre-trial stage of criminal proceedings, complaints, petition, Code of Criminal Procedure of the Russian Federation..
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