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Law and Politics

Signs of individual judicial regulation in criminal proceedings and its definition

Kripinevich Svetlana Sergeevna

PhD in Law

Deputy Head of the Department of Criminal Procedure Law named after N.V. Radutnaya, Russian State University of Justice, Moscow

117418, Russia, g. Moscow, ul. Novocheremushkinskaya, 69

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Abstract: Criminal proceedings are the sphere of mandatory regulation. However, its development and modern achievements of the entire legal science as a whole make it possible to make relevant clarifications to its content (legislation and activities). The purpose of the work is to identify the most significant features of individual judicial regulation in the field of criminal proceedings and offer them to the general scientific community for discussion. The main subject of this study was the theoretical concept of "individual judicial regulation" and its features in criminal proceedings. In criminal proceedings to date, such studies have been fragmentary, whereas in the theory of law, civil sciences, this area is represented by large-scale and fundamental works. It seems that the scale of the research and its long history should be realized not only in civil proceedings, civil and administrative law, but also in criminal proceedings. One of the first in this series should be the definition of the concept of "individual judicial regulation in criminal proceedings".   In the course of the research, traditional scientific methodology was used: including general scientific methods (dialectics, analysis, synthesis, generalization, etc.), as well as private scientific methods - comparative legal and formal legal. The applied methods of scientific research allowed us to gain new knowledge concerning the essential features of individual judicial regulation and their use in defining this concept. The result was the author's definition of individual judicial regulation in criminal proceedings. The application of the results is possible in the field of ongoing scientific research, in terms of improving criminal procedure legislation and the practice of its application. The main conclusion of the author is the need to introduce the concept of individual judicial regulation into criminal proceedings at the level of its theoretical provisions and into the legislative framework.

Keywords: participants in criminal proceedings, legal regulation, legal relations, criminal proceedings, the main signs, the concept, individual judicial regulation, judicial power, court decisions, procedural form
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