Ryabinina T.K. Subject of Materials Verification of the Criminal Case in the Court
- Tatyana K. Ryabinina
- Candidate of Juridical Sciences, Professor, Head of Department of Criminal Process and Criminalistics
- Southwest State University, Honoured Lawyer of the Russian Federation
- 50 let Oktyabrya St., 94, 305040, Kursk, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it.
- Introduction. The article deals with the problem of determining the verification of the materials of the criminal case, submitted to court for trial. The complexity of the identified problems stems from the fact that the criminal procedure act does not have regulation as a subject, as well as the limits of materials verification of criminal case under appointment of the court session, which negatively affects the validity and timeliness of the decision about appointment of judicial proceedings, or other judicial decisions. Methods. We used general scientific research methods such as analysis, synthesis, comparison, and specific scientific methods of studies: formal legal, technical and legal. Results. The author analyzes the algorithm of actions of the judge in verification of materials of criminal case. Conclusions. The paper presents author’s vision of the subject of inspection of materials received by the court of criminal cases, the production sequence of actions of a judge under appointment of the court session, the necessity of complex legal regulation in Criminal procedure code of the Russian Federation of the court’s activities at the stage of processing, and the systemic, structural-logical structure and verification activities of a judge by analogy with other stages of the criminal process.
- Key words: stage of court session assignment, judge’s actions on verification of materials of the criminal case, powers of the judge, stage of court proceedings, criminal procedure law.
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