Activity view of restructurisation of the criminal process: the attempt of dogmatic Shawshank Redemption?
Journal Title: Правова позиція - Year 2018, Vol 1, Issue
Abstract
The article deals with the actual issue of the national criminal procedure restructuring as a means of its optimization in the context of the competitive ideology and philosophy of penal proceedings. Within the national doctrine criminal procedure is traditionally considered as an integral operational system which consists of four interconnected sub-systems (proceedings): preliminary (pre-trial proceedings), principal (judicial proceedings), supervisory (proceedings on judicial review), and executive (proceedings on enforcement of judicial decisions). Analyzing the positions of Russian proceduralists, the author concludes that at the beginning of the XXI century a certain methodological idea of varying degrees of conceptual formalization « step by step» began looking for a place under the sun. This idea can be interpreted as a scientific understanding of the complete withdrawal of pre-trial proceedings from the structure of criminal procedure with further distinguished regulation of the pre-trial activities of parties on the preparation of a criminal claim and its denial as well as court activities on the consideration of how proved or unproved the legal claims of a prosecutor as a criminal plaintiff are. Following the above-mentioned points, the detailed methodological and procedural argumentation of the conclusion that pre-trial and judicial proceedings are distinctive types of legal activity is stated. Thus, they cannot be combined within the concept of "criminal process".
Authors and Affiliations
В. П. Гмирко
Keywords
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