Familiarization with the materials of the criminal case at the end of pre-trial proceedings: content and form
https://doi.org/10.31429/20785836-15-2-67-77
Abstract
Information is an important tool in determining the capabilities of a person in any field of his activity. The receipt of information, as well as its processing, occurs constantly. Access to information in criminal proceedings can be viewed from a very broad perspective: from the powers of the investigator to obtain information in the course of procedural activities, to jurors receiving information from the parties during the trial.
A separate form has access to and receipt of information by participants in criminal proceedings who are directly or indirectly interested in its outcome. The rules of this procedure do not always meet their needs and in some cases become an obstacle in the exercise of procedural rights and in the protection of legitimate interests. Attention is drawn to the scale of erroneous law enforcement, which leads to violations of the rights of interested persons. No less important is the fact that in some cases, citizens also try to abuse their procedural capabilities, creating obstacles in the legitimate activities of criminal prosecution bodies. Most often, such problems arise at the stage of familiarization with the materials of a criminal case at the end of the preliminary investigation, although some difficulties are associated with familiarization in its process.
It seems that the unsatisfactory situation in the field of knowledge in criminal proceedings is a consequence of unresolved problems, both fundamental (including conceptual) and applied (procedural) nature.
Taken together, these circumstances determined the relevance, theoretical and practical significance of this study.
The purpose of this study is to form the author's position on the concept of familiarization with the materials of a criminal case, the definition of its essential features. Research objectives: theoretical analysis of the grounds for familiarization with the materials of a criminal case in criminal proceedings; identification of essential signs of familiarization; empirical study of the problems of familiarization with the materials of a criminal case at the end of the preliminary investigation; formation of types of awareness; the proposal of the author's vision of the essence of familiarization with the materials of the criminal case and ways to solve individual problems of familiarization with the materials of the completed criminal case. Research methods: dialectical, systemic, formal-legal, logical, analytical, synthetic, generalization, hypothetical. Results: the main result of the undertaken research was the author's definition of the concept of familiarization with the materials of a criminal case based on the addition of a list of its essential features and its form.
About the Authors
O. V. GladyshevaRussian Federation
Olga V. Gladysheva, Dr. of Sci. (Law), Professor, Honored Lawyer of Kuban, Head of the Department of Criminal Procedure
Stavropol str., 149, Krasnodar,350040
V. A. Sementsov
Russian Federation
Vladimir A. Sementsov, Dr. of Sci. (Law), Professor, Honored Lawyer of Kuban, Professor of the Department of Criminal Procedure
Stavropol str., 149, Krasnodar,350040
References
1. Avdeeva E.V., Nikolaeva M.M. [Judicial discretion in protecting the rights, freedoms and guarantees of entrepreneurs]. Sudeiskoe usmotrenie: sb. Statei = Judicial discretion: collection of articles / ed. O.A. Egorova, V.A. Vaipan, D.A. Fomin; comp. A.A. Suvorov, D.V. Kravchenko. Moscow: Justicinform; 2020. (In Russ.)]
2. Bagautdinov F.N. [Jury trial: topical issues of the preliminary hearing]. Zakonnost' = Legality'. 2021;(6(1040)):8–14. (In Russ.)]
3. Bagmet A.M., Osmanova N.V. [The activity of the investigator on the formation of the materials of the criminal case at the stage of completion of the preliminary investigation]. Rossiiskii sud'ya = Russian judge. 2020;(2):33–38. DOI: 10.18572/1812-3791-2020-2-33-38. (In Russ.)]
4. Vorob'ev D.M. [The procedure and features of working with citizens' appeals in the Armed Forces of the Russian Federation]. Deloproizvodstvo = Office work. 2021;(2):36–41. (In Russ.)]
5. Dikarev I.S. [Familiarization with the materials of the criminal case during the preliminary investigation: cui bono?]. Ugolovnoe sudoproizvodstvo = Criminal proceedings. 2019;(4);20–24. (In Russ.)]
6. [Proving and decision-making in adversarial criminal proceedings] / E.K. Antonovich, T.Yu. Vilkova, L.M. Volodina i dr.; ed. L.N. Maslennikova. 2nd ed., reprint. and add. Moscow: Norma, INFRA-M; 2022. (In Russ.)]
7. Kalinovskii K.B. [Procedural terms in criminal proceedings and their regulation under the Criminal Procedure Code of the Russian Federation]. Leningradskii yuridicheskii zhurnal = Leningrad Law Journal. 2005;(2(3)):139–145. (In Russ.)]
8. Kolokolov N.A. [Familiarization with the materials of the criminal case. The investigator must be relieved of his uncharacteristic functions]. Rossiiskii sledovatel' = Russian investigator'. 2014;(4):3–6. (In Russ.)]
9. Kostenko K.A. [Problems of theory and practice of countering the delay in familiarization with the materials of the criminal case by inviting the accused a new defender]. Rossiiskii sud'ya = Russian judge. 2016;(9):30–34. (In Russ.)]
10. Lizunov A.S., Lizunov A.S. [Abuse of the right to defense at the stage of familiarization with the materials of the criminal case]. Zakonnost' = Legality'. 2018;(10(1008)):47–50. (In Russ.)]
11. Makarova O.V. [Improvement of judicial proceedings through the introduction of an electronic form of criminal proceedings]. Zhurnal rossiiskogo prava = Journal of Russian Law. 2019;(2(266)):159–168. (In Russ.)]
12. Nabatov M.B. [About some of the risks of introducing digital technologies into criminal proceedings]. Advokatskaya praktika = Law practice. 2022;(4):28–32. DOI: 10.18572/1999-4826-2022-4-28-32. (In Russ.)]
13. Pudovochkin Yu.E., Tolkachenko A.A. [The main directions of intersectoral improvement of the institute of exemption from criminal liability]. Zhurnal rossiiskogo prava = Journal of Russian Law. 2020;(4):59–76. DOI: 10.12737/jrl.2020.042. (In Russ.)]
14. Roganov S.A., Ovchinnikov M.A. [Legal aspects of observing the secrecy of the investigation when choosing a preventive measure in the form of detention]. Leningradskii yuridicheskii zhurnal = Leningrad Law Journal. 2018;(2(52)):223–230. (In Russ.)]
15. Rostova V.N. [Legal personality of participants in criminal proceedings at the stage of initiation of a criminal case]. Zakonnost' = Legality'. 2019;(3(103)):49–53. (In Russ.)]
16. Ryzhakov A.P. [Expert in criminal proceedings]. М., 2020. (In Russ.)]
17. [Means of prosecutorial activity: problems of theory and practice] / O.N. Korshunova, V.V. Lavrov, E.L. Nikitin i dr. Moscow: RU-SAINS; 2019. (In Russ.)]
18. Tat'yanina L.G., Starodumov S.V. [Separate issues of familiarization with the materials of the criminal case at the end of the preliminary investigation]. Vestnik Udmurtskogo universiteta = Bulletin of the Udmurt University. 2021;31(6):1107–1112. DOI: 10.35634/2412-9593-2021-31-6-1107-1112. (In Russ.)]
19. Yur'ev S.S., Korotkova P.E. [Institutional aspects of ensuring the right to get acquainted with the materials of the criminal case]. Evraziiskaya advokatura = Eurasian Advocacy. 2021;(3(52)):41–46. DOI: 10.52068/2304-9839_2021_52_3_41. (In Russ.)]
Review
For citations:
Gladysheva O.V., Sementsov V.A. Familiarization with the materials of the criminal case at the end of pre-trial proceedings: content and form. Legal Bulletin of the Kuban State University. 2023;(2):67-77. (In Russ.) https://doi.org/10.31429/20785836-15-2-67-77