FORMATION AND DEVELOPMENT OF THE INSTITUTE OF SUSPENSION OF PRELIMINARY INVESTIGATION

Introduction: in the course of the research, the author examines the evolution of the institution of suspending a preliminary investigation in the context of changes in the criminal procedure legislation of Russia. Materials and Methods: the study utilized a system of scientific methods of cognition: dialectical method, historical, comparative-legal, systematic analysis, dogmatic (formal-legal), and statistical method. Results: the analysis of historical sources of criminal procedural legislation indicates that the concept of "suspension" (at that time – of preliminary investigation) first appeared in the 1864 Code of Criminal Procedure. However, the emergence of this concept was preceded by the "postponement of court proceedings" (both criminal and civil). As a result of constant changes in criminal procedural legislation, the authority to suspend proceedings was alternately granted to the investigator, the court, or the prosecutor; the grounds for suspending the investigation were both narrowed and later expanded again. There was no clear regulation of the grounds for resuming the investigation. Only with the adoption of the CPC RF in 1960 did the norms governing the suspension of pre-trial investigation gain independence, embarking on a path of progressive development that continues to this day. The norms regulating the suspension of inquiry require detailing and harmonization with other norms of procedural law, considering the practice of pre-trial investigation. Discussion and Conclusions: the author comes to the conclusion that the rules governing the suspension of an inquiry require elaboration and harmonization with other rules of the procedural law, taking into account the practice of pre-trial investigation.

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Publication Details

Journal
Bulletin of the Kazan Law Institute of MIA Russia
Published
2025-04-02
DOI
https://doi.org/10.37973/vestnikkui-2025-59-5
Primary Topic
Innovations in Medical Education
Type
article
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article

FORMATION AND DEVELOPMENT OF THE INSTITUTE OF SUSPENSION OF PRELIMINARY INVESTIGATION

Aleksandr Epifanov
Bulletin of the Kazan Law Institute of MIA Russia
Innovations in Medical Education
article

FORMATION AND DEVELOPMENT OF THE INSTITUTE OF SUSPENSION OF PRELIMINARY INVESTIGATION

Aleksandr Epifanov
article en

Abstract

Introduction: in the course of the research, the author examines the evolution of the institution of suspending a preliminary investigation in the context of changes in the criminal procedure legislation of Russia. Materials and Methods: the study utilized a system of scientific methods of cognition: dialectical method, historical, comparative-legal, systematic analysis, dogmatic (formal-legal), and statistical method. Results: the analysis of historical sources of criminal procedural legislation indicates that the concept of "suspension" (at that time – of preliminary investigation) first appeared in the 1864 Code of Criminal Procedure. However, the emergence of this concept was preceded by the "postponement of court proceedings" (both criminal and civil). As a result of constant changes in criminal procedural legislation, the authority to suspend proceedings was alternately granted to the investigator, the court, or the prosecutor; the grounds for suspending the investigation were both narrowed and later expanded again. There was no clear regulation of the grounds for resuming the investigation. Only with the adoption of the CPC RF in 1960 did the norms governing the suspension of pre-trial investigation gain independence, embarking on a path of progressive development that continues to this day. The norms regulating the suspension of inquiry require detailing and harmonization with other norms of procedural law, considering the practice of pre-trial investigation. Discussion and Conclusions: the author comes to the conclusion that the rules governing the suspension of an inquiry require elaboration and harmonization with other rules of the procedural law, taking into account the practice of pre-trial investigation.

Bulletin of the Kazan Law Institute of MIA RussiaVol. 16(1)
Pedagogical University (MZ), Institute of Law (CN)
Openalex Percentile: Top 91%
Innovations in Medical Education
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