INVESTIGATION-COURT ACTIONS: PROBLEMS OF REGULATION

Abstract

Objective: to reveal the problem situations of legal regulation of investigation-court actions performed during court investigation in the Russian criminal procedure, and to reveal their peculiarities. Methods: The methodological basis of the research is the system of scientific provisions of materialistic dialectics as the general method of cognition, as well as the systemic-structural analysis method. Results: The conclusion is made that in court investigation not all court actions are permissible, but only those promoting the realization of procedural positions of the parties and aimed at making legal and grounded court decisions, and, in exceptional cases, helping the judge (the court) with the account of the parties’ opinions to solve a problem (impasse) procedural situation. Scientific novelty: The author views court actions in narrow and broad sense. Besides, the author has elaborated and for the first time stated the specific features of investigation-court actions carried out at court investigation. Chapter 37 of the Russian Criminal-Procedural Code is suggested to supplement with a new Article 283.1 “Acquiring a specialist’s conclusion” . Practical value: The theoretical provisions formulated in the research can be used in scientific, law-making and law enforcement activity, in educational process of higher professional educational institutions of juridical profile, in qualification improvement of scientific-educational personnel in the sphere of jurisprudence.

Keywords

• court investigation
• court actions
• investigation-court actions