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Title |
Legal position of courts, relative to further
participation of the judge in the criminal
proceedings |
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Authors |
Darovskikh Svetlana Mikhailovna
PhD Law, Professor, Head of the
Department of Criminal Proceedings and Forensic
Science of Federal State Budgetary Educational
Institution of Higher Professional Education South
Ural State University (National Research
University); 76, Lenin Av., Chelyabinsk, 454080,
Russia. E-mail: darsvet@mail.ru |
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Section |
Civil and Criminal Procedure |
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Issue |
3/2014 |
Page |
172-175 |
index UDC |
343.162 + 342.565.2 + 347.991 + 341.231.14 |
index LBC |
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Abstract |
The article dwells on the problems related to the
participation of a judge in criminal proceedings on
the case after the consideration of investigator’s
submission, as well as on choosing measures of
restraint and consideration of a complaint over the
actions (or inactivity) of administrative bodies.
The article determines legal positions on the
abovementioned cases which are formulated in
provisions of the Constitutional Court of the
Russian Federation, the Supreme Court of the Russian
Federation, and the European Court of Human Rights.
The author proves the legal positions of the
scientists claiming that further participation of a
judge in criminal proceedings is not feasible. |
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Keywords |
legal position, preventive measure,
complaint in accordance with art. 125 of the
Criminal Code of the Russian Federation,
Constitutional Court of the Russian Federation,
Supreme Court of the Russian Federation, European
Court of Human Right, judge, retrial. |
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