ANALYSIS OF THE GROUNDS AND CONDITIONS FOR APPLYING THE SPECIAL PROCEDURE FOR MAKING A JUDICIAL DECISION

The article examines such a criminal procedural institution as a «special procedure for making a judicial decision». The author notes that based on the analysis of statistical data in the modern period, this institution is almost the main form of judicial proceedings without conducting a judicial investigation. In the content of the article, the author emphasizes that the analysis of Art. 314 of the Criminal Code of the Russian Federation allows us to say that the legislator has already indicated the grounds for applying the special procedure for making a judicial decision in the title of the article. However, the content of this norm indicates that it includes not only the grounds, but also the conditions for its application. At the same time, it seems that the legislator does not fully provide a distinction between these concepts.

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Publication Details

Journal
Bulletin of Chelyabinsk State University Series Law
Published
2024-12-25
DOI
https://doi.org/10.47475/2618-8236-2024-9-4-33-42
Primary Topic
Dispute Resolution and Class Actions
Type
article
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article

ANALYSIS OF THE GROUNDS AND CONDITIONS FOR APPLYING THE SPECIAL PROCEDURE FOR MAKING A JUDICIAL DECISION

E.S. SEVRYUGINA
Bulletin of Chelyabinsk State University Series Law
Dispute Resolution and Class Actions
article

ANALYSIS OF THE GROUNDS AND CONDITIONS FOR APPLYING THE SPECIAL PROCEDURE FOR MAKING A JUDICIAL DECISION

E.S. SEVRYUGINA
article en

Abstract

The article examines such a criminal procedural institution as a «special procedure for making a judicial decision». The author notes that based on the analysis of statistical data in the modern period, this institution is almost the main form of judicial proceedings without conducting a judicial investigation. In the content of the article, the author emphasizes that the analysis of Art. 314 of the Criminal Code of the Russian Federation allows us to say that the legislator has already indicated the grounds for applying the special procedure for making a judicial decision in the title of the article. However, the content of this norm indicates that it includes not only the grounds, but also the conditions for its application. At the same time, it seems that the legislator does not fully provide a distinction between these concepts.

Bulletin of Chelyabinsk State University Series LawVol. 9(4)
Ministry of Internal Affairs of the Russian Federation (RU)
Openalex Percentile: Top 55%
Dispute Resolution and Class Actions
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ANALYSIS OF THE GROUNDS AND CONDITIONS FOR APPLYING THE SPECIAL PROCEDURE FOR MAKING A JUDICIAL DECISION — E.S. SEVRYUGINA · Bulletin of Chelyabinsk State University Series Law (2024) | TGRS Research Map | TGRS