Muravyev, K.V. Precision of preliminary legal evaluation of an act and limitations to judicial proceedings in the Charter of Criminal Judicial Proceedings and in the modern law

Abstract: The object of studies concerns the norms of Russian criminal procedural law, providing for the requirements for reflecting the legal evaluation of an act during the proceedings on a criminal case. Supporting the positions of the procedural law scholars of the pre-Revolution and current time on the inseparable link between material and procedural criminal law, the author has set a goal to provide a comparative analysis of the provisions of the Charter of Criminal Judicial Proceedings of the Russian Empire and the Criminal Procedural Code of the Russian Federation on the issue of possibility for the correct application of material criminal law by the persons handling the case. The article provides comparative analysis of the provisions of the Charter of the Criminal Judicial Proceedings of the Russian Empire and the Criminal Procedural Code of the Russian Federation. The author substantiates the position that the requirements of the current legislation on the precise legal evaluation of an act in the documents at the pre-trial stages of the process is excessive. Turning to the provisions of the Charter of Criminal Judicial Proceedings of the Russian Empire, interpretation of the Senate, norms of the international law, positions of the Constitutional Court of the Russian Federation and the positions of the procedural scholars, the author draws a conclusion on the need to improve the regulation of the limitations to the judicial proceedings in the Criminal Procedural Code of the Russian Federation.

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