THE IMPACT OF DEFICIENCIES OF LEGISLATIVE REGULATION OF THE MOMENT OF ENTRY INTO FORCE OF CRIMINAL PROCEDURAL DECISIONS ON THE PRACTICE OF INVESTIGATING AND HEARING CRIMINAL CASES

Abstract

The purpose of the study is to identify deficiencies in the legal regulation of the moment of entry into force of criminal procedural decisions influencing the practice of investigating and hearing criminal cases. The provisions of the current legislation on criminal procedure serve as the basis for the study. Moreover, the conclusions reached in the article are based on a compilation of investigative and judicial practice. In the course of the study, a number of scientific methods are used: analysis and synthesis, comparative legal, empirio-critical, systematic, formal legal. They make it possible to identify problems in determining when individual decisions taken in criminal proceedings enter into force. The study resulted in proposals aimed at improving the Code of Criminal Procedure of the Russian Federation and its application. It is proposed to add to the Code of Criminal Procedure of the Russian Federation that interlocutory judgments must initially be enforceable, and come into force after a certain period. The position is taken on the need to invalidate paragraph 13 of part 2 of Art. 37 of the Code of Criminal Procedure of the Russian Federation and the exclusion of the wording «to approve the decision of the investigator to discontinue criminal proceedings» from the wording of paragraph 9 of part 1 of Art. 39 of the Code of Criminal Procedure of the Russian Federation, which will lead to uniformity in the practice of investigating criminal cases and reduce the risk of manipulation of the right to annul decisions to discontinue a criminal case (criminal prosecution) by the head of the investigative body and the prosecutor.

Keywords

• criminal procedural decisions
• legal force
• appeal
• interlocutory judgments
• enforceability of decisions
• sentence
• ruling