Open AccessEvolution of the Institution of Judicial Control over Pre-Trial Proceedings in the Republic of Moldova
Author(s) -
А В Верещагина,
D. A. Kumankova
Publication year - 2022
Publication title -
aktualʹnye problemy rossijskogo prava
Language(s) - English
Resource type - Journals
eISSN - 2782-1862
pISSN - 1994-1471
DOI - 10.17803/1994-1471.2022.137.4.148-163
Subject(s) - institution , law , political science , legislation , control (management) , the republic , judicial review , work (physics) , management , engineering , economics , mechanical engineering , philosophy , theology
Judicial control is understood as control over the compliance of the activities and decisions of lawenforcement agencies and officials with the requirements established by law. The legal procedure for exercisingjudicial control in the Russian Federation has been criticized. Since 2015, Russia has seen intensification of a discussionabout the establishment of a special subject, namely an investigating judge who would exercise judicial controlover pre-trial proceedings. Some states have experience in exercising judicial control over pre-trial proceedings byinvestigating judges. One of these states is the Republic of Moldova. The paper presents the results of the studyof the regulatory model of the institution of judicial control over pre-trial proceedings in the Republic of Moldova.The purpose of the work is to study the evolution of the institution of judicial control in the Republic of Moldova. Toachieve the formulated goal, it is necessary to solve the following tasks: 1) to determine the concept and appointmentof a judge for criminal prosecution; 2) to highlight the stages of development of judicial control over pre-trialproceedings in Moldova; 3) to designate the range of basic powers of a judge in criminal prosecution. Historicaldiachronic, logical-dogmatic and comparative-legal methods are used in the research. An analysis of the regulatoryprovisions concerning the implementation of judicial control over pre-trial proceedings allows us to conclude thatit is sufficiently elaborated in the criminal procedure legislation of the Republic of Moldova. The advantages of theinstitution under study are: the establishment of a special entity exercising judicial control over pre-trial proceedings;systemic regulation of his powers; lack of duplication of norms; consistent adjustment of the institution.