Alexander Shatalov

Judicial Mechanism of Criminal Proceedings of the Special Subjects: the Modern State and Prospects of Optimization

2015. No. 3. P. 100–118 [issue contents]
Procedural mechanism of realization of the criminal proceeding in regard to persons falling under theparticular order of production on criminal cases, provides for as component part and simultaneously method of providing of their inviolability the order of laying an action and bringing in of these persons complicated as compared to ordinary, as defendants on criminal cases. On this basis, the attempt of complex analysis of the most difficult and litigions questions, touching the criminal proceeding of personsfor that he is initially intended, is undertaken in a publication. Authorial vision of possibilities of their decision is expounded in her, on a background a corresponding legal and theoretical ground. Complicating the general order of criminal trial, through introduction of additional duties and prohibitions forpersons accountable for motion and end of production in criminal business, positions of the Russian Federation come forward, in opinion of author, as the extended judicial guarantees of inviolability ofcertain circle of the special subjects executing socially-meaningful functions. Not increasing the volume of their inviolability, they diminish possibility of her limitation, reducing, thus, the danger of realization ofthe groundless criminal proceeding. In spite of the fact that the list of the special subjects to the law isdriven by exhaustive character, in part touching denotation of limits of their judicial immunity, the normsof ch.52 CPC of the Russian Federation carry blanket character, as his actual maintenance is different. An author considers on this basis, that accomplishing judicial actions and accepting statutory decisionsa court, public prosecutor, leader of investigative agency, investigator, must take into account not only envisaged by CPC of the Russian Federation feature of production on criminal cases in regard to the separate categories of persons but also position of normative legal acts exposing their legal status,volume of plenary powers and limits of action of judicial immunity in a that kind, as they are envisaged ina branch legislation. Self legislation on that score, must consistently change in the river-bed of recommendations of International organization of CE «Group of States Against Corruption» (GRECO) speaking out in the report for reduction in him categories of persons to that the special procedure of bringingin of them spreads to criminal responsibility, and also for simplification of such procedure.
Citation: Shatalov A. (2015) Protsessual'nyy mekhanizm ugolovnogo presledovaniya spetsial'nykh sub"ektov: sovremennoe sostoyanie i perspektivy optimizatsii [Judicial Mechanism of Criminal Proceedings of the Special Subjects: the Modern State and Prospects of Optimization]. Pravo. Zhurnal Vysshey shkoly ekonomiki, no 3, pp. 100-118 (in Russian)
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