Judicial Control as an Independent Function of the Judiciary and its Place in Pre-Trial Proceedings in Criminal Cases

Abstract

The paper is devoted to the issues of judicial control in modern Russian pre-trial proceedings in criminal cases.The concept of judicial power is considered, including in the context of the development of scientific ideas about its nature. Based on the developed ideas about this concept and the goals of the judiciary, the author substantiates the thesis that judicial control is an independent function of the judiciary.Next, the features of the parties to disputes resolved through judicial control, their subject are analyzed, and on this basis, the author’s perception of the content of judicial control in pre-trial proceedings in criminal cases is proposed. In conclusion, the issue of the place of judicial control in pre-trial proceedings in criminal cases is considered through the prism of the structure of criminal proceedings. A classification of judicial control proceedings that may exist at the specified stage of the process, depending on their subject, is proposed. The need for further research is stated, due to the insufficiency and inconsistency of regulation of the powers of the court in the exercise of judicial control.