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DEVELOPMENT DIRECTIONS OF THE SPECIAL JUDICIAL PROCEDURE
Author(s) -
Илья Степанович Дикарев
Publication year - 2021
Publication title -
pravovoe gosudarstvo: teoriâ i praktika
Language(s) - English
Resource type - Journals
ISSN - 2500-0217
DOI - 10.33184/pravgos-2021.1.10
Subject(s) - obligation , dialectic , legislation , criminal procedure , law , judicial interpretation , order (exchange) , judicial opinion , political science , interpretation (philosophy) , computer science , epistemology , business , philosophy , finance , programming language
The complicated application of the special judicial procedure significantly reduces the procedural savings achieved in criminal proceedings. In this regard, the question arises of compliance with modern realities of the complicated procedure for decision-making on the application of the considered form of court proceedings. Purpose: to develop proposals for improving the criminal procedure legislation in order to make it possible to simplify the application of the special judicial procedure. Methods: the author uses the methods of analysis, synthesis, legal interpretation as well as systemic and logo-legal methods; the methodological basis of the research is a dialectical method. Results: it is reasonable to conclude that the change in the role of the court in proving when applying the special judicial procedure, expressed in imposing on it the obligation independently, on the basis of written materials of the case and some judicial investigative actions, to establish the factual circumstances of the criminal case, will simplify the procedure for applying the considered procedural form by refusing to agree with the representatives of the prosecution.   

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