Вопросы совершенствования правовой регламентации института ходатайств в уголовном судопроизводстве России

Abstract

The study relevance is due to the presence of a number of legal institute of petitions problems in criminal proceedings in Russia, which have accumulated in recent years and require the measures development for their prompt resolution. The purpose of the work is to study the petitions institution in the criminal process of Russia, to identify trends in its development and accumulated legal contradictions that impede the participants rights realization in the process, as well as to develop proposals and recommendations for solving the problems found. The work used classical methods of legal study: analysis, synthesis, generalization of law enforcement practice, logic. Based on the legislation analysis, decisions of higher courts and law enforcement practice, it was concluded that it is necessary to take measures to reform the legal regulation of the petitions institute, primarily related to the rights realization and legitimate interests of participants in the criminal process. The conclusion is substantiated that an effective model of interaction between the person conducting the investigation and the persons participating in the criminal case presupposes the legislative consolidation of the right to file petitions in articles directly devoted to their procedural status. The reforming necessity the petitions institute and establishing minimum requirements for their structure and content, as well as fixing the obligation of the person who accepted the criminal case for his proceedings to resolve the petition by issuing a reasoned decision and notifying the applicant about the decision taken by the law within the time period established by law is proved.