PROCEDURE REQUIREMENTS AS A METHOD OF IMPLEMENTATION OF THE RIGHTS OF PARTICIPANTS OF SHIP PROCEDURE
Author(s): Korsakova A.A., Teplyakova O.A.
Rubric: Criminal law and criminalistics
Release: 2020-1 (23)
Keywords: petition, criminal proceedings, participants in proceedings, investigator, procedure for reviewing and resolving applications, exercising the rights and freedoms of participants in criminal proceedings
Annotation: The article considers the application as a unique means of protection, one of the guarantees for the realization of the rights of persons involved in criminal proceedings. The main features inherent in the procedural petition are summarized. The purpose and objectives of the procedural petition is disclosed, a list of persons, participants in the legal proceedings authorized for applications of the procedural petition is indicated. The relevance and importance from the point of view of law and investigative ethics indicates the application of the norms of criminal procedure legislation governing the activities and behavior of the investigator related to the procedure for considering and resolving an application. Attention is drawn to the wording “permission to petition”, from which it follows that permission implies certain actions of the investigator to establish facts and circumstances that contribute to the adoption of one of the decisions, namely: to satisfy the petition; or full or partial refusal to satisfy the application. It analyzes the typical errors and violations associated with the activities of law enforcement officials to consider and resolve applications. Based on this, recommendations are made on the preparation of the application.
Bibliography: Korsakova A.A., Teplyakova O.A. PROCEDURE REQUIREMENTS AS A METHOD OF IMPLEMENTATION OF THE RIGHTS OF PARTICIPANTS OF SHIP PROCEDURE // Jurisprudence. – 2020. – № 1 (23). – С. 68-72. doi: 10.21777/2587-9472-2020-1-68-72