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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.

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