FINAL ACTS OF THE PRELIMINARY INVESTIGATION AS A KIND OF PROCEDURAL REQUESTS

Abstract

Petitions, complaints and other forms of procedural requests are essential to the achievement of the objectives of criminal justice. These procedural acts ensure that citizens and organizations involved in criminal proceedings can exercise their rights and defend their legitimate interests. Even more important for solving the problems of justice are final acts of the preliminary investigation, which are procedural requests, through the presentation and defense of which the criminal prosecution authorities seek in court to bring the perpetrators to criminal responsibility or apply other criminal law measures to citizens. Thereby, procedural activities are carried out, the results of which directly affect the achievement of the objectives of criminal proceedings, as set out in Article 6 of the Code of Criminal Procedure of the Russian Federation. Purpose: to study the legal nature of the final acts of the preliminary investigation as criminal procedural acts, to identify in them the features of procedural requests and acts of application of law. Methods: the methodological basis of the study is the dialectical method. In addition, general scientific methods of analysis, synthesis and a systematic approach are used, as well as special legal methods: legal interpretation and logical-legal. Results: the research shows that the final acts of the preliminary investigation are hybrid in nature, combining the features of procedural requests and acts of application of law. The significance of the prosecutor’s approval of the final act of the preliminary investigation is revealed, since, by his decision, the prosecutor, on the one hand, acknowledges the achievement of the objectives of the pretrial criminal proceedings and recognizes the stage of the preliminary investigation as completed, and, on the other hand, when assuming the procedural function of criminal prosecution, brings the corresponding procedural action to the court (brings a criminal claim). Taking into account the hybrid nature of the final acts of the preliminary investigation, it is shown that there is an imperfection in the regulation of the procedure of sending criminal cases to court for the application of coercive educational measures, as well as the imposition of criminal law measures in the form of a judicial fine.

Keywords

• criminal procedure act
• procedural request
• indictment
• sending of a criminal case to the court
• criminal claim