Keyword: «pre-trial proceedings»
The article discusses the rationale for the popular digital document management in pre-trial proceedings. The existing automated information system of the Investigative Committee of the Russian Federation does not cover all regions, but works only in several cities of the Russian Federation and, according to international standards, is not a tool for modern pre-trial proceedings. The purpose of the article: to propose the direction of transformation of the mechanism of digital jurisprudence in the Investigative Committee of the Russian Federation. The following methods were used in the article: system, logical method, formal legal method, forecasting method. The author describes a new direction of transformation in the Russian Federation in the form of a cliche of a digital platform of pre-trial proceedings with intuitive software, which in the system of the digital platform of the IC of the state will provide a system of speed and quality of the work of investigators. In addition, the in-demand software (cliche) will allow you to own statistics, analysis of criminal proceedings, the work of experts and databases of cumulative data on the territory of the Russian Federation on a daily basis. The article reveals the needs of the life time of society, focusing on fast-growing technologies in civil use and the need for simultaneous adoption of amendments to the Code of Criminal Procedure of the Russian Federation for the effective growth of pre-trial production capabilities. By creating a digital investigation process, the state becomes possible to organize an internal security complex based on law enforcement agencies.
Taking into account the ongoing search for an effective form of criminal proceedings at the pre-trial stages of the criminal process, the author analyzes the advantages and disadvantages of the protocol form of pre-trial preparation of materials previously used in domestic criminal proceedings, which in modern legal literature is considered as a possible option for introduction into criminal procedural legislation. The conclusion is substantiated that this form of production had a number of shortcomings and its use is possible only if they are eliminated.
This article examines the historical aspect of the establishment of an initial inquiry as a form of pre-trial criminal proceedings, the evolution of the inquiry and its current state. The main emphasis is placed on the difference between the essence of the inquiry in the pre-revolutionary period and its content in the Soviet and subsequent periods of the formation of the State. Note is taken of the role and importance of the inquiry in the investigation of criminal cases and the importance of the inquiry as a tool for seeking and establishing the truth. The significance of the study is seen in the fact that it reveals the main stages and patterns of the development of the inquiry, which can be used in the course of further improvement of pre-trial proceedings.
This article examines the uncertainty of the complainant’s status as a participant in criminal proceedings. The special significance of this issue lies in the fact that the existence of legal relations in criminal proceedings may entail significant violations of the rights of citizens, which in turn leads to poor and inefficient functioning and development of the legal system of the State. The purpose of this article is to study the legal status of the applicant as a participant in criminal proceedings and to put forward proposals for improving criminal procedural legislation. The author concludes that there are uncertainties in modern criminal law legislation and the need for changes aimed at eliminating them.