О правовой сущности частных постановлений (определений) суда в современном уголовном судопроизводстве

Abstract

Issues related to the effectiveness of criminal proceedings in terms of achieving its appointment are among the key issues both in the theory of the criminal procedure and in the law enforcement practice of this area. One of the procedural means of responding to deviations from the requirements of the law is the power of the court provided by the Criminal Procedure Code of the Russian Federation (part 4 of article 29) to issue private rulings (determinations) on the basis of revealed violations of the law in the course of criminal proceedings. At the same time, despite the increasing attention in procedural science and law-enforcement practice to these pro-cedural decisions, the issues of procedural-legal nature of private (decisions) court rulings are among the de-batable in the theory of criminal procedural law, which determines the relevance and timeliness of addressing them at the level of scientific research. Within the framework of this study, taking into account the institutional approach and analysis of modern criminal procedure legislation, issues related to the procedural nature and grounds for the decision of private rulings (decisions) of the court are considered. Conclusions are drawn about the exclusivity of the named procedural acts in the system of other court decisions, their special role both in the process of ensuring the effectiveness of criminal proceedings in specific cases, and in the general direc-tion of improving the quality of justice.