Rossinsky S.B. Pathologies of the Russian Crime Reporting Mechanism
DOI: https://doi.org/10.15688/lc.jvolsu.2025.3.13
Sergey B. Rossinsky, Doctor of Sciences (Jurisprudence), Professor, Chief Researcher, Department of Criminal Law, Criminal Procedure and Criminology, Institute of State and Law of the Russian Academy of Sciences, Znamenka St, 10, 119019 Moscow, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it. , https://orcid.org/0000-0002-3862-3188
Introduction: with this paper, the author continues the cycle of publications dealing with the identification and study of doctrinal problems, legislative contradictions and applied difficulties caused by the peculiarities of the original system of pre-trial criminal proceedings that developed in the Soviet period, involving the granting of jurisdictional legal personality to representatives of non-judicial law enforcement agencies. The analysis addresses the statutory shortcomings and the resulting practical deficiencies, inherent in the current mechanism of reviewing crime reports, which is implemented through the stage of initiating a criminal case. The purpose of the paper is to resolve the issue of the need to reform the existing mechanism for reviewing crime reports. Methods: in preparing the paper, the general scientific research methods were used: the dialectical method of cognition, the method of system analysis, the formal logical methods, etc., as well as the special research methods: the formal legal method, the historical legal method, the method of comparative jurisprudence, etc. The results of the study have made it possible to verify the unacceptability of eliminating the pathologies of the Russian mechanism for reviewing crime reports solely by eliminating the stage of initiating a criminal case as a procedurally separate stage of criminal proceedings. Conclusions: 1) a fundamental change in the mechanism for reviewing crime reports outside of systemic unity with other transformations of the Russian criminal process in general, and the preliminary investigation in particular, is absolutely unacceptable; 2) the existing procedure for initiating pretrial proceedings, despite all attempts at modernization, has long failed to meet the profoundly changed conditions of the development of Russian society and inextricably linked needs of law enforcement practice.
Keywords: initiation of a criminal case, pretrial proceedings, initiation of a preliminary investigation, powers of the inquirer, powers of the investigator, verification of the crime report, consideration of the crime report.
Citation. Rossinsky S.B. Pathologies of the Russian Crime Reporting Mechanism. Legal Concept = Pravovaya paradigma, 2025, vol. 24, no. 3, pp. 113-119. (in Russian). DOI: https://doi.org/10.15688/lc.jvolsu.2025.3.13
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