Jurisdiction in Criminal Cases and Materials of Criminal Proceedings: Problematic Issues

Abstract

In accordance with Article 47 of the Constitution of the Russian Federation, no one can be deprived of the right to have his case heard in that court and by that judge to whose jurisdiction it is attributed by law, the accused of committing a crime has the right to have his case heard by a court with the participation of jurors in cases provided for by federal law. The issue of changing the territorial jurisdiction is also connected with the issue of the impossibility of considering the case by that court or by those courts, the consideration of a criminal case or material in which may call into question the objectivity and impartiality of the court. The Constitutional Court of the Russian Federation and the Supreme Court of the Russian Federation have repeatedly addressed this problem, but practice constantly reveals more and more problematic issues. The authors offer their vision for the resolution of some problematic issues in the presence of disputed jurisdiction when considering a criminal case in court. The issues of jurisdiction in criminal proceedings are quite complicated, and, at the same time, not fully investigated. This article is an attempt to consider in more detail a number of issues that arise when determining jurisdiction in criminal cases considered by courts, as well as materials, including materials considered by courts on the election of preventive measures, and within the framework of procedural control over the preliminary investigation in accordance with Article 125 of the Criminal Procedure Code of the Russian Federation, and at the stage of execution of the sentence, when resolving issues related to its execution.