Open AccessInitiation of a Criminal Case: Unconditionally Abolish or Try to Understand the True Reasons for its Occurrence?
Author(s) -
Sergey B. Rossinskiy
Publication year - 2021
Publication title -
aktualʹnye problemy rossijskogo prava
Language(s) - English
Resource type - Journals
eISSN - 2782-1862
pISSN - 1994-1471
DOI - 10.17803/1994-1471.2021.127.6.133-139
Subject(s) - legislator , vesting , criminal justice , criminal procedure , context (archaeology) , political science , supporter , relation (database) , law , isolation (microbiology) , subject (documents) , criminology , sociology , computer science , legislation , history , biology , microbiology and biotechnology , archaeology , database , library science
The paper deals with the problems that are the subject of longstanding scientific discussion, conducted in relation to the prospects of the stage of initiation of a criminal case as an independent stage of criminal procedural activity. Being a supporter of the principled elimination of the stage of initiating a criminal case, the author nevertheless believes that such a decision cannot be made in isolation from understanding the real reasons that prompted Soviet scientists to develop these mechanisms, and the legislator — to introduce them into the system of criminal procedural regulation. Based on the results of his previous research on the problems of pre-trial proceedings, the author believes that the emergence of the stage of initiation of a criminal case is directly related to the one that has been formed since the 1920s. The original Russian system of pre-trial proceedings that has survived to this day, expressed in the integration of the functions of the "police" and "justice" and in the vesting of the "power" ministries and departments with procedural powers of a judicial and investigative nature. In this regard, the author concludes that the question of the further fate of the stage of initiation of a criminal case can be finally resolved only in the context of a clear understanding of the prospects for the development of the entire system of Russian pre-trial proceedings.