Violations of the law during the preliminary investigation in the russian criminal procedure
| Autor | A. Iu. Antipov - D.A. Grishin - I.Iu. Danilova - N.V. Zharko - L.V. Novikova - A.A. Nuzhdin |
| Cargo | The Academy of Law Management of the Federal Penitentiary Service of Russia - The Academy of Law Management of the Federal Penitentiary Service of Russia - The Academy of Law Management of the Federal Penitentiary Service of Russia - The Academy of Law Management of the Federal Penitentiary Service of Russia - The Academy of Law Management of... |
| Páginas | 379-397 |
Periódico do Núcleo de Estudos e Pesquisas sobre Gênero e Direito
Centro de Ciências Jurídicas - Universidade Federal da Paraíba
V. 9 - Nº 03 - Ano 2020 Special Edition
ISSN | 2179-7137 | http://periodicos.ufpb.br/ojs2/index.php/ged/index
379
VIOLATIONS OF THE LAW DURING THE PRELIMINARY
INVESTIGATION IN THE RUSSIAN CRIMINAL PROCEDURE
A. Iu. Antipov1
D.A. Grishin2
I.Iu. Danilova3
N.V. Zharko4
L.V. Novikova5
A.A. Nuzhdin6
Abstract. This study identifies the
violations committed by authorized
officials in the exercise of their powers,
as well as their causes and consequences
for criminal process. The law
enforcement practice of the preliminary
investigation and its legal basis was
carried out. Violation of the law during
the preliminary investigation reduces its
efficiency and diminishes the authority
of state power in specific public
relations. The study describes typical law
violations in the investigator's actions in
criminal procedure and concludes the
priority of ensuring personal legal status
in criminal procedure. The determinants
of violations in the course of criminal
1 The Academy of Law Management of the Federal Penitentiary Service of Russia
2 The Academy of Law Management of the Federal Penitentiary Service of Russia
3 The Academy of Law Management of the Federal Penitentiary Service of Russia
4 The Academy of Law Management of the Federal Penitentiary Service of Russia
5 The Academy of Law Management of the Federal Penitentiary Service of Russia
6 The Academy of Law Management of the Federal Penitentiary Service of Russia
procedure are determined on the basis of
the analyzed criminal cases. It is
concluded that the demands on the
investigator's actions should be raised
with the simultaneous increase of their
personal responsibility for compliance
with the relevant procedural framework
of criminal process.
Keywords: principle of legality; legal
status of parties to the criminal process;
preliminary investigation; investigative
activities; return of the criminal case to
the prosecutor; rights and interests of
parties to the criminal process
Financing. Proactive development
Periódico do Núcleo de Estudos e Pesquisas sobre Gênero e Direito
Centro de Ciências Jurídicas - Universidade Federal da Paraíba
V. 9 - Nº 03 - Ano 2020 Special Edition
ISSN | 2179-7137 | http://periodicos.ufpb.br/ojs2/index.php/ged/index
380
1. Introduction
It seems that is the lawful,
detailed, professional investigation of
the facts of committing the criminal acts
that determines the efficient crossing
crime along with other circumstances.
This is to ensure the principle of the
unavoidability of punishment and the
restoration of the legal status of criminal
offence victims. Also, the conduct of
legitimate investigations minimizes the
risk of prosecution of the wrongfully
convicted. This work develops
recommendations for improving the
preliminary investigation in criminal
cases. The common goal of the
international documents containing
regulations of public relations in
criminal procedure is to enrich national
legal systems with the requirements of a
fair and prompt investigation, strict
provision of personal legal status in this
process, and compliance with the most
significant common principles of the
considered actions.
2. Materials and methods
The study considered issues have
been studied by many scientists, among
which we tend to allocate Antipova I. A.,
Bykov V. M., Erofeev A. G.,
Kudryavtsev V. N., Kamneva E. V.,
Middleton W., Macdonald S., Neganov
D. A., Petrov V. A., Petrukhin I. L.,
Pospelova J. S., Romanovsky G. B.,
Samochkina R. R., Sviridov M. K.,
Stepanov, Y. I., Tarichko I. Yu., Titov K.
A., Tyunin, V. I., Shirvanova A. A. , and
Florya D. F. It is reported that the
preliminary investigation, along with the
inquiry, allows solving the most
important tasks in the criminal process.
It is no coincidence that researchers 1,
p. 171 note serious changes in criminal
justice. The works 2, p. 41; 3, p. 225; 4,
p. 225 report the inadmissibility of
illegal limitation of human rights and
freedoms, as well as the impossibility of
substantiating such facts by any interests
of law enforcement agencies. At the
same time, the principle of legality is
required for all stages of criminal
process, as it allows to achieve the goals
of criminal process and to ensure the
strict observance of human and civil
rights and freedoms 5, p. 4. Attention is
drawn to improving national systems of
legislation by detailing and specifying
the stage of preliminary investigation,
strengthening the guarantees of personal
legal status of the involved in social
activity with the simultaneous increase
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