On the issue of the stage of initiating a criminal case: notion, content and problems of functioning of the criminal-procedural institution

AutorDelya A. Oldeeva - Aleksandra V. Aksenova
CargoKalmyk State University named after B.B. Gorodovikov - Kalmyk State University named after B.B. Gorodovikov
Páginas148-163
Periódico do Núcleo de Estudos e Pesquisas sobre Gênero e Direito
Centro de Ciências Jurídicas - Universidade Federal da Paraíba
V. 9 - Nº 03 - Ano 2020 Special Edition
ISSN | 2179-7137 | http://periodicos.ufpb.br/ojs2/index.php/ged/index
148
ON THE ISSUE OF THE STAGE OF INITIATING A CRIMINAL
CASE: NOTION, CONTENT AND PROBLEMS OF FUNCTIONING
OF THE CRIMINAL-PROCEDURAL INSTITUTION
Delya A. Oldeeva1
Aleksandra V. Aksenova2
Abstract: topicality of the problem is
due to the discussion on the issue of
excluding the stage of initiating a
criminal case from the criminal
procedure as a separate criminal-
procedural institution. This problem is
not new. The article traces the history of
discussions over this problem and its

element of criminal process, is aimed at
providing the rights and legal interests of
its participants, both on the part of

The objective of this stage of criminal
procedure is to protect an individual
from groundless involvement into a
criminal trial.
The article objective is to reveal the
notion and content of the stage of
initiating a criminal case, in order to
define its meaning. The research presents
an analysis of literature on the problem.
Basing on the literature analysis, the
1 Kalmyk State University named after B.B. Gorodovikov
2 Kalmyk State University named after B.B. Gorodovikov
contradictions in the opinions of
procedural law specialists are analyzed.
The leading research method is
comparative method. The research
presents the analysis of various opinions
on the problem. The analyzed literature
shows an unexplained feature of
similarity-difference: on the one hand,
the opponents of private interest in the
public criminal procedure insist on
rejecting the institution of a civil suit
within a criminal case; on the other hand,
the opponents of the stage of initiating a
criminal case wish to return to the
private-legal principles of the legal
procedure used before the 1864 reform,
when criminal prosecution was supposed
to start with an allegation from a private
individual.
Having studied the history and literature
on the issue of the stage of initiating a
criminal case, we come to a conclusion
that this issue is still topical nowadays.
Periódico do Núcleo de Estudos e Pesquisas sobre Gênero e Direito
Centro de Ciências Jurídicas - Universidade Federal da Paraíba
V. 9 - Nº 03 - Ano 2020 Special Edition
ISSN | 2179-7137 | http://periodicos.ufpb.br/ojs2/index.php/ged/index
149
The article proposes means of
broadening the list of investigative
actions which are feasible at the stage of
initiating a criminal case.
The materials of the article may be useful
both for practical and educational
activities in the sphere of criminal-
procedural law.
Keywords: criminal-procedural law;
initiating a criminal case; information
about a crime; reasons for initiating a
criminal case; investigative actions;
stage of a criminal procedure.
1. Introduction
The discussion over the issue of
preserving the stage of initiating a
criminal case or eliminating this stage as
a separate criminal-procedural
institution is not new. Many scholars in
the sphere of criminal-procedural law
(A.S. Aleksandrov, Yu.P. Borulenkov,
S.E. Vitsin, L.M. Volodina, B.Ya.
    
Yu.V. Derishev, I.S. Dikarev, A.P.
Kruglikov, N.S. Manova, V.S.
Ovchinskiy, A.V. Pobedkin, V.N.
Yashin, I.L. Petrukhin, A.I. Trusov, A.A.
Usachev, etc.), according to V.V.
Kozhokh   
about the necessity to exclude it from the
Russian Criminal-Procedural Code,
substantiating it with various
organizational-legal reasons.
This discussion is believed to be
reopened due to the Conception of
Judicial Reform in the Russian
Federation of 1991. In particular, it was
also renewed in connection with the
adoption of Federal Law of 4 July 2003
No. 92-
the Criminal-Procedural Code of the
    
this Law were the feasibility of
performing document checks and
inspections by specialists prior to
initiating a criminal case, and
prolongation of the period of inspections
up to 30 days in this case. Some authors
actually assumed that it is necessary not
only to preserve the stage of initiating a
criminal case, but also to significantly
broaden the list of investigative actions
feasible at the stage of checking the
information about a crime (A.M.
Bagmet, A.P. Gulyaev, N.I. Gazetdinov,
I.V. Golovinskaya, A.A. Popov, S.F.
Shumilin, etc.).
2. Materials and Methods
It is common knowledge that the
supporters of the model of preliminary
investigation without the stage of

Para continuar a ler

PEÇA SUA AVALIAÇÃO

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT