Dikarev I.S. Modernization of the System of Pre-Trial Proceedings in Criminal Procedure

DOI: https://doi.org/10.15688/lc.jvolsu.2017.2.17

Ilya S. Dikarev, Doctor of Juridical Sciences, Associate Professor, Director of the Institute of Law, Volgograd State University, Prosp. Universitetsky, 100, 400062 Volgograd, Russian Federation,  This email address is being protected from spambots. You need JavaScript enabled to view it.

Introduction: the article raises the question whether the system of pre-trial proceeding corresponds to the modern functionality of the investigator and prosecutor, who are not joined any more by corporate communication and general procedural functions after the reform of pre-trial proceedings of 2007. The purpose of the study is to elucidate the necessity of changing the system of pre-trial proceedings in criminal cases. Methods: this has applied the scientific methods of analysis and synthesis, the system approach, the methods of legal interpretation and logical and legal one. The methodological framework is the dialectical method. The result of this research is the conclusion that the stage of preliminary investigation
does not have internal unity in the modern conditions. Its forming stages – the criminal investigation by the investigator and the activities of the prosecutor on the criminal case received with the indictment – have different (mismatched) signs that clearly indicates the invalidity of combining these phases into a single stage. Each of these corresponds to the signs of an independent stage of criminal procedure. Conclusions: the system of pre-trial proceedings is in need of modernization through the separation of activities of the prosecutor on the preliminary investigation of the criminal case received with the outcome document into a separate stage of criminal procedure. This stage is proposed to call the sending of the criminal case by the prosecutor to court. The appropriate changes need to be made in the criminal procedure legislation.

Key words: criminal procedure, stage of criminal procedure, preliminary investigation, prosecutor, investigator, indictment, public prosecutor’s supervision.

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