The Criminal Procedure Mechanism for Ensuring the Effectiveness of the Final Stage of the Investigation

Introduction: the criminal procedure for the ending of inquiry is part of the mechanism that guarantees compliance with the rule of law, the exercise of individual rights during the preliminary investigation, and ensures the implementation of an unhindered trial. The insufficient legal regulation of the final stage of the inquiry leads to errors of a law enforcement nature and low quality of the investigation of cases, which indicates the relevance of the issue of ensuring the effectiveness of the procedure for completing the inquiry by drafting an indictment. The purpose of the study is to eliminate the doubts existing among the law enforcement agencies that arise at the final stage of the preliminary investigation in the form of an inquiry and to formulate proposals for improving the regulatory model of the considered stage of criminal proceedings. In the course of the study, such methods of cognition as the formal legal method in the form of a study of the norms of law, specifically the sociological and comparative law ones, were applied. Results: the paper formulates the conclusions and suggestions to improve the efficiency of the completion of the inquiry. Conclusions: the recommendations set out in the paper are aimed at eliminating the legislative defects, ensuring legal certainty in criminal procedure law, developing a uniform practice of conducting an inquiry, and can be used in the teaching of criminal procedure disciplines, as well as in the practical activities of employees of preliminary investigation bodies, prosecutors and courts.

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Publication Details

Journal
Legal Concept
Published
2024-12-30
DOI
https://doi.org/10.15688/lc.jvolsu.2024.4.22
Primary Topic
Education, Law, and Society
Type
article
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The Criminal Procedure Mechanism for Ensuring the Effectiveness of the Final Stage of the Investigation

Marina Romashova
Legal Concept
Education, Law, and Society
article

The Criminal Procedure Mechanism for Ensuring the Effectiveness of the Final Stage of the Investigation

Marina Romashova
article en

Abstract

Introduction: the criminal procedure for the ending of inquiry is part of the mechanism that guarantees compliance with the rule of law, the exercise of individual rights during the preliminary investigation, and ensures the implementation of an unhindered trial. The insufficient legal regulation of the final stage of the inquiry leads to errors of a law enforcement nature and low quality of the investigation of cases, which indicates the relevance of the issue of ensuring the effectiveness of the procedure for completing the inquiry by drafting an indictment. The purpose of the study is to eliminate the doubts existing among the law enforcement agencies that arise at the final stage of the preliminary investigation in the form of an inquiry and to formulate proposals for improving the regulatory model of the considered stage of criminal proceedings. In the course of the study, such methods of cognition as the formal legal method in the form of a study of the norms of law, specifically the sociological and comparative law ones, were applied. Results: the paper formulates the conclusions and suggestions to improve the efficiency of the completion of the inquiry. Conclusions: the recommendations set out in the paper are aimed at eliminating the legislative defects, ensuring legal certainty in criminal procedure law, developing a uniform practice of conducting an inquiry, and can be used in the teaching of criminal procedure disciplines, as well as in the practical activities of employees of preliminary investigation bodies, prosecutors and courts.

Legal ConceptVol. 23(4)
Ministry of Internal Affairs of the Russian Federation (RU), Moscow University of the Ministry of Internal Affairs of Russia
Openalex Percentile: Top 55%
Education, Law, and Society
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