COORDINATION OF ISSUES ARISING DURING THE TERMINATION OF CRIMINAL PROSECUTION ON THE GROUNDS PROVIDED FOR IN ARTICLE 282 OF THE CODE OF CRIMINAL PROCEDURE OF THE RUSSIAN FEDERATION
Journal: BULLETIN OF THE KALININGRAD BRANCH OF THE SAINT-PETERSBURG UNIVERSITY OF THE MINISTRY OF INTERNAL AFFAIRS OF RUSSIA
№ 2
, 2024
Rubrics: ARTICLES ABOUT CRIMINAL PROCEDURE
Authors:
Type:
Article
Pages:
from
to
Status:
Published
Received:
12.05.2024
Accepted:
08.07.2024
Published:
08.07.2024
Language:
Russian
Keywords:
consent, termination of criminal prosecution, participation in military operations, suspect, accused, victim, witness
Abstract (English):
Introduction. The article discusses the specifics of the termination of criminal prosecution on the grounds provided for in Article 282 of the Code of Criminal Procedure of the Russian Federation. The comparison of this type of termination of criminal prosecution with other types of termination on non-rehabilitating grounds is carried out. The comparative analysis reveals not only the positive features of legal regulation within the framework of Article 282 of the Code of Criminal Procedure of the Russian Federation, but also the remaining problems accompanying it and requiring their resolution. Methods. In the course of the research, general scientific and private scientific methods of cognition (systemic-structural, formal-legal, logical, comparative-legal) were used. Results. In the course of the study, it was concluded that it is necessary to regulate a number of issues: 1) expanding the list of cases that give the court the right, if the victim or witness does not appear at the court session, to make a decision on the disclosure of their previously given testimony and on the reproduction of a video recording or filming of investigative actions, specifying in paragraph 6 of Part 2 of art. 281 of the Code of Criminal Procedure of the Russian Federation the following "if, as a result of their participation in hostilities, it is not possible to summon them to a court hearing"; 2) extension of the provision of Part 21 of Article 281 of the Criminal Procedure Code of the Russian Federation to the above-mentioned basis, which provides for the need to provide the accused (defendant) in the previous stages of the proceedings with the opportunity to challenge this evidence in the ways provided for by law(by indicating in it the cases provided for in paragraphs 2-6 of Part 2 of Article 281 of the Code of Criminal Procedure of the Russian Federation).
Introduction. The article discusses the specifics of the termination of criminal prosecution on the grounds provided for in Article 282 of the Code of Criminal Procedure of the Russian Federation. The comparison of this type of termination of criminal prosecution with other types of termination on non-rehabilitating grounds is carried out. The comparative analysis reveals not only the positive features of legal regulation within the framework of Article 282 of the Code of Criminal Procedure of the Russian Federation, but also the remaining problems accompanying it and requiring their resolution. Methods. In the course of the research, general scientific and private scientific methods of cognition (systemic-structural, formal-legal, logical, comparative-legal) were used. Results. In the course of the study, it was concluded that it is necessary to regulate a number of issues: 1) expanding the list of cases that give the court the right, if the victim or witness does not appear at the court session, to make a decision on the disclosure of their previously given testimony and on the reproduction of a video recording or filming of investigative actions, specifying in paragraph 6 of Part 2 of art. 281 of the Code of Criminal Procedure of the Russian Federation the following "if, as a result of their participation in hostilities, it is not possible to summon them to a court hearing"; 2) extension of the provision of Part 21 of Article 281 of the Criminal Procedure Code of the Russian Federation to the above-mentioned basis, which provides for the need to provide the accused (defendant) in the previous stages of the proceedings with the opportunity to challenge this evidence in the ways provided for by law(by indicating in it the cases provided for in paragraphs 2-6 of Part 2 of Article 281 of the Code of Criminal Procedure of the Russian Federation).
Keywords:
consent, termination of criminal prosecution, participation in military operations, suspect, accused, victim, witness
consent, termination of criminal prosecution, participation in military operations, suspect, accused, victim, witness
