ON THE SUBJECT AND LIMITS OF APPEALS TO A COURT AGAINST ACTIONS (INACTIONS) AND DECISIONS OF THE BODIES OF PRELIMINARY INVESTIGATION AND PROSECUTION

Abstract

Currently, against the general background of the legislator's desire to expand judicial control in criminal proceedings, the problems of the theory, legal regulation and practice of appealing in court against various actions (inactions) and decisions of the bodies of inquiry, preliminary investigation and the prosecutor are particularly complex and of particular interest. Purpose: to study problems related to the proper understanding and determination of the scope of circumstances subject to judicial appeal in accordance with Article 125 of the Code of Criminal Procedure of the Russian Federation. Methods: general scientific (dialectical, systemic, structural-functional, logical, etc.) and specific scientific (formal legal, comparative legal, prognostic, etc.). Results: the reasons are identified that lead to the uncertainty of understanding the subject and limits of the judicial appeal procedure under Article 125 of the Code of Criminal Procedure of the Russian Federation, causing numerous difficulties in law enforcement practice. The article offers possible ways of solving the problems.

Keywords

• appeal
• right to appeal in court
• subject of appeal
• limits of appeal
• judicial control
• judicial procedure for considering a complaint