Gavrilov, B.Y. Implementation of certain provisions of the Criminal Judicial Proceedings Charter in the modern pre-trial proceedings in Russia

Abstract: The article is devoted to the modern problems in the sphere of criminal procedural legislation and the possibilities for implementation into it of certain provisions of the Charter of Criminal Judicial Proceedings. The immediate object of studies includes the patterns of pre-trial procedure in the process of implementation of specific norms of the Criminal Procedural Code of the Russian Federation at the stages of initiation of a criminal case and preliminary investigation, including the procedural rules for the initiation of a criminal case, refusal to initiate a criminal case, presentation of the accusation, procedural terms for the investigation, choice of the restraining measures towards the persons hiding from the preliminary investigation bodies, and those on federal wanted list, etc., as well as the propositions of the author on the improvement of criminal procedural legislation on these issues. The methodological basis for the study is substantiated with the dialectic cognition method of studying matters and processes in their mutual relation and connection. Its implementation is guaranteed by a complex of general and specific scientific research methods. The scientific novelty of the work is due to the fact that due to the changes introduced in 2007-2013 into the Criminal Code of the Russian Federation, the author offers his own analysis of the main procedural institutions, including initiation of the proceedings on a criminal case, presentation of an accusation, guaranteeing reasonability principles in criminal judicial proceedings, differentiation of procedural capability of prosecutor and head of the investigative bodies, etc.

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