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Shinkaruk V.M. Basis of Initiation of Legal Proceedings: Terminological Problems of Interindustry Character

Vladimir Markovich Shinkaruk
Candidate of Juridical Sciences, Associate Professor, Department of Criminal Procedure and Criminalistics,
Volgograd State University
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Prosp. Universitetsky , 100, 400062 Volgograd, Russian Federation


Abstract. In the submitted article the legislative design of the basis of initiation of legal proceedings provided by Art. 140 of the CPC of the RF according to which that basis is understood as existence of the sufficient data indicating crime signs is analyzed. Despite existence of the numerous scientific works devoted to problems of initiation of legal proceedings, teoretiko-legal problems of formation of occasions and the basis for initiation of legal proceedings remain rather actual for today. In particular, not up to the end resolved there is also a question of terminological definiteness at a legislative regulation of the considered stage. Partly it occurs because in the theoretical analysis of the concept “crime signs” as necessary element of the basis for initiation of legal proceedings indissoluble communication of the penal and criminal procedure law is especially visually shown. This circumstance creates prerequisites for a discrepancy in understanding of signs of a crime and difficulty in interpretation of the considered norm.
The author draws a conclusion about need of improvement of the criminal procedure legislation by entering of specifications into the formulation of the basis of initiation of legal proceedings, namely expediency of the instruction into Art. 140 of the CPC of the RF on actus reus signs.

Key words: basis of initiation of legal proceedings, crime signs, actus reus, public danger, illegality, punishability, object, objective party, subject, subjective party. 

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