Suchergebnisse

Objective: The purpose of this article is a comprehensive study and assessment of the current state of legislative regulation and the practice of applying the procedural procedure for ensuring the right to protection during the conduct of an inquiry in an abbreviated form, determining ways to resolve the accumulated theoretical and practical problems of implementing this activity, and on this basis developing proposals for improving criminal procedural legislation in the field under study and improving the effectiveness of law enforcement practice. Methods: The use of scientific methods allowed us to formulate an integral procedural mechanism for ensuring the right to protection during the investigation in an abbreviated form. Results: The article focuses on issues in ensuring the right to defense against criminal prosecution and right to a fair trial during a short inquiry with reference to the study of Russian and foreign criminal law and law enforcement practices. Conclusion: The authors proposed a new comprehensive approach to ensuring the right to protection during the investigation in an abbreviated form. Special attention is paid to the problems that law enforcement agencies often encounter. Regulatory proposals in the field of law enforcement have been developed.

Through the method of reviewing scientific documentation, the objective of the study is to determine international legal standards for the implementation of criminal prosecution and its implementation in legislation in Russia and Germany. International standards in the field of criminal procedure are analyzed, from which the category "international standards of criminal prosecution" has been developed. To form a unified concept for the implementation of criminal prosecution and create an effective mechanism to protect the rights of the accused, the need for further investigation of international standards is argued. Within the framework of this investigation, an attempt was made to draw attention to the issues of the regulation of the implementation of criminal prosecution in international documents, as well as the national legislation of the Russian Federation and the Federal Republic of Germany. It is concluded that international standards for the application of criminal prosecution play an important role in consolidating the rule of law and improving criminal procedure legislation, as they contribute to the formation of a unified concept of criminal prosecution and set the permissible limits for restricting the rights of the accused.

This article discusses the role of the Russian court in accusatory criminal proceedings. At the legislative and practical levels, there is uncertainty about the degree of judicial activity in relation to the question of evidence. The theoretical model of the accusatory system assumes that there is minimal judicial intervention in the investigative proceedings of the parties. The latter must act and defend their position in the criminal case. The court is supposed to have a passive stance. The methodological basis of this study is composed of general scientific and legal methods such as dialectical, historical, systematic, comparative legal, formal-logical methods, etc. Most countries that practice an accusatory model of criminal justice grant the court a certain level of action that allows it to participate fully in the evidence during trials. By way of conclusion, it is suggested to improve the capabilities of the Russian court to actively investigate the evidence, as well as to offer new forms of defense to the parties.