Open AccessCharacteristics of cognitive fctions in judicial control proceedigs
Author(s) -
Г.В. Бєсєда
Publication year - 2021
Publication title -
naukovij vìsnik užgorodsʹkogo nacìonalʹnogo unìversitetu. serìâ pravo
Language(s) - Uncategorized
Resource type - Journals
eISSN - 2664-6153
pISSN - 2307-3322
DOI - 10.24144/2307-3322.2021.63.43
Subject(s) - realization (probability) , duty , mathematical proof , complaint , law , set (abstract data type) , control (management) , political science , process (computing) , psychology , computer science , mathematics , artificial intelligence , programming language , statistics , geometry
The article is sanctified to research of problem questions of cognitive activity of inquisitional judge in judicial control realization in pretrial investigation. Certain limits of activity of inquisitional judge are in the process of finishing telling during realization of judicial control, and set forth a conclusion, that an inquisitional judge is an active subject in criminal realization on the stage of pretrial investigation, that conditioned by both the tasks of criminal realization and features of judicial control. Duty of court, including inquisitional judge, in relation to providing of principle of contentionness of parties and absence of duty to take participating in finishing telling is important, but not qualificatory during realization of discretionary plenary powers an inquisitional judge in the process of finishing telling. It is thus accented, that activity of inquisitional judge must be directed not in support of or refutation of the proofs given by the subjects of finishing telling, but on finding out of circumstances, establishment of that is a necessity for consideration of solicitor or complaint essentially and acceptance of legal, reasonable and explained judicial decision.Participation of inquisitional judge is analysed in the process of assembly of proofs, and set forth a conclusion, that an inquisitional judge carries out the activity, sent to "providing" of proofs of parties of criminal realization or representative of legal entity in relation to that realization comes true. It is suggested to make alteration to КПК and give a right to the inquisitional judge at consideration of any solicitor, statement or complaint on own initiative to hear any witness or investigate any materials of criminal case.Certain features of verification and estimation of proofs by an inquisitional judge during realization of judicial control. It is marked that an inquisitional judge at a decisionmaking carries out the estimation of proofs, taking into account the article of consideration, and requirements set in КПК in relation to the necessity of circumstances of wellproven. Investigational problem questions of application of part are 2 articles of 89 КПК in judicial control realization and a conclusion is reasonable in relation to impossibility by an inquisitional judge during judicial control to acknowledge proofs "obviously" impermissible.