Judicial Appeal in Pre-Trial Criminal Proceedings: Limits and Procedure
Abstract
In the current political, legal, and socio-economic conditions, the court carries out its activities to protect the inalienable rights of individuals (to security, personal integrity, respect for honor and dignity, etc.), which are guaranteed by the Constitution of the Russian Federation, and to control the legality and validity of procedural actions (inaction) and decisions made by authorities during pre-trial proceedings. The operation of the institute of appeal in pre-trial proceedings helps to eliminate procedural errors and violations of the law committed by authorities. At the same time, the exercise of judicial control over complaints from suspects, defendants, defenders, and victims demonstrates the existence of a set of legal and law enforcement issues that require discussion by the legal community, changes in criminal procedure legislation, and optimization of criminal procedure practice. In furtherance of this, the author conducted a theoretical and development study of the problems based on methodology of academic knowledge and substantiated ways to solve the problems identified during its implementation. The conclusion is formulated about the need to improve the institution of judicial appeal of actions (inaction) and decisions of the authorities in pre-trial proceedings, for that there are legal, organizational, technological conditions and that is justified by the arguments of the author, the positions of other scientists. The aim of the study is to provide a theoretical, legal and practical justification for the need to change the criminal procedure legislation, including the development of proposals to be introduced into it, optimization of criminal procedure aimed at improving the purpose of criminal procedure measures, ensuring protection of the rights and legitimate interests of participants in pre-trial criminal proceedings. Research methods implemented are: dialectical, formal logical, sociological, statistical, content analysis, legal and technical analysis, historical and legal one. It has permitted to formulate the conclusion — the development of criminal procedure policy is in demand at the present time of the Russian statehood, determines the need for a correct understanding of the purpose of the current institution of judicial appeal in pre-trial proceedings, the need for an optimal procedure for court consideration of complaints about actions (inaction), decisions of an investigator, an inquirer, their procedural supervisors, a prosecutor, the expediency of establishing procedural guarantees of the rights of persons participating in a judicial appeal at the stages of initiation of a criminal case and preliminary investigation.
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