Title |
Some suggestions on improving model of criminal
procedural relations at the stage of a criminal case
initiation
|
Autors |
Akhmatov Ivan Igorevich
a postgraduate student of Criminal Procedure and Criminalistics Department of
South Ural State University. 454080, Chelyabinsk, 76 Lenin avenue. E-mail: darklawyer@mail.ru |
Section |
Civil and Criminal Procedure |
Issue |
7/2012 |
Page |
177-183 |
index UDC |
343.133 + 343.13 |
index LBC |
Х410.211 |
Abstract |
This paper is devoted to some problems of
organization and development of a model of criminal
procedural relations between the preliminary
investigation bodies and prosecution at the stage of
criminal case initiation. The article presents the
author’s vision of the circumstances causing the
ineffectiveness of the procedural interaction
between these two authoritative subjects of criminal
proceedings in light of recent changes in criminal
procedure legislation. According to author’s opinion
there is presented the way of productive legislative
revision of some provisions of the Criminal
Procedure Code of the Russian Federation, there is
noted the necessity of including additional
guarantees for the independence of the preliminary
investigation authorities in the relationships with
a prosecution at the stage of a criminal case
initiation, including procedures for judicial appeal
against illegal and (or) unjustified prosecutor’s
acts of reaction by an investigator. |
Keywords |
criminal procedural relations; system model of legal
relationship; preliminary investigation body; head
of the investigative body; investigator; prosecutor;
stage of criminal case initiation; non-procedural
method of prosecutor’s reaction; procedural
independence; institutional protectorate;
interdepartmental conflict; judicial appeal against
prosecutor’s decisions. |
|
You can access full text version of
the article |