G.N. Vetrova. Judicial Procedure Decisions in Mechanism of the Law Regulation of the Criminal Procedures

Abstract: Procedural form of action implies a certain order of procedure actions and a special way of their registrating – creating special procedural acts (documents). Procedure decisions are to be pointed out. Every stage of criminal legal procedure implies acceptance of certain types of procedure decisions. Their peculiarities are determined by the tasks solved at different procedural stages. The article analyses peculiarities of decisions taken at different procedural stages according to given tasks of the stage of the procedure. The author regards lawfulness and validity requirements concerning different kinds of decisions. Special attention is paid to the analysis of decisions, which are taken during the judicial investigation monitoring. The article also deals with the problem of law procedure violations and their consequences. The classification of law procedure violations and pointing out critical ones is essential for solving problems of the consequences of these violations and choosing ways of eliminating judicial mistakes. Once a procedural violation is considered essential the lawfulness and justice of any final decision including the sentence is doubted. Legislation development towards the differentiation of procedural forms needs more detailed legal regulations of issues concerning the contents of the decisions taken in different procedures. It is desirable to define lawful grounds and conditions for making decisions taking into consideration different types of legislation. It is also desirable to solve the problem of lawfulness and validity monitoring. The article suggests measures aimed at guaranteeing the lawfulness and justice of the sentences in the course of simplified legal procedure.

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