RU

Keyword: «criminal procedure legislation»

This article examines several aspects of ensuring the rights and legitimate interests of suspects and defendants who have filed a motion for a pre-trial cooperation agreement, specifically addressing the possibility of an investigator denying such a motion. It presents arguments and justifications that the decision to deny or grant a motion for a pre-trial cooperation agreement should be made solely by the prosecutor. Furthermore, to fully guarantee the rights and legitimate interests of suspects and defendants who have filed a motion for a pre-trial cooperation agreement, the article provides justifications for the possibility of appealing the decision to deny a pre-trial cooperation agreement in court. Based on the publication's findings, proposals are formulated for introducing corresponding amendments to current criminal procedure legislation.
The article is devoted to the difficulties associated with the use of these operational investigative measures in the framework of criminal proceedings in Russia. The author analyzes the existing gaps in the regulatory framework and suggests ways to eliminate them, aimed at optimizing the use of operational information and giving it an appropriate procedural status.
This article examines the decisions a prosecutor may make regarding a criminal case received from an investigator, and also provides a legal analysis of the grounds for a prosecutor to return a criminal case to the investigator. The publication substantiates the need to differentiate these grounds, which may include: incomplete preliminary investigation; incorrect classification of the crime committed and incorrect scope of the charges brought against the accused, as well as other violations related to the improper application of criminal law; material violations of criminal procedure law; and non-compliance of the indictment with the requirements of the Criminal Procedure Code of the Russian Federation. Based on the publication's findings, proposals are formulated for making corresponding amendments to current criminal procedure legislation.
The article provides a comprehensive analysis of the institution of compulsory medical measures in the criminal law of the Russian Federation. It examines their legal nature, goals, features, and regulatory aspects, taking into account the provisions of the Constitution of the Russian Federation, criminal, criminal procedural, and penal legislation. Special attention is given to the judicial practice of applying these measures in the Bryansk Region, as well as to identifying problems in law enforcement and possible solutions. The article concludes that there is a need to improve legal regulation and strengthen judicial control in the application of compulsory medical measures.