Stel'makh V.Y. —
Criteria for endowment of individuals with immunity from criminal prosecution and legal nature of revocation of immunity
// Law and Politics. – 2019. – ¹ 12.
– P. 72 - 81.
DOI: 10.7256/2454-0706.2019.12.43298
URL: https://en.e-notabene.ru/lamag/article_43298.html
Read the article
Abstract: The subject of this research consists in certain aspects of legal procedure regarding individuals with criminal procedural immunity: circle of subjects receiving immunity, justification of inclusion therein of certain categories of citizens, as well as circumstances that are subject to assessment by the chambers of Federal Council, Constitutional Court of the Russian Federation towards qualifying panel of judges in agreement to start criminal proceedings regarding members of the Federation Council, deputies of State Duma, judges of Constitutional Court of the Russian Federation and other courts. The author devises criteria for endowment of categories of citizens with the criminal process immunity: affiliation of individual with the deputy or judicial body, i.e. branches of legislative or judicial government body. The author proposes a theoretical model of control over the execution of criminal prosecution of individuals with immunity. Control divides into two segments. First segment forms the criminal procedural control, carried out by the administration of investigative branches, prosecutor’s office and courts of general jurisdiction, and consists in verification of grounds for initiation of criminal investigation and adherence to the procedural rules of initiation of criminal procedure regarding the subject. Second segment form the public legal control, carried out by the branches belonging to the government branch of the subject (chambers of Federal Council, Constitutional Court, branches of judicial community).
Stel'makh V.Y. —
// Actual problems of Russian law. – 2013. – ¹ 1.
DOI: 10.7256/1994-1471.2013.1.6733
Read the article