Features of the Normative Regulation of Simplified Criminal Procedures (Development of the Problem)

Introduction. The author examines simplified criminal procedures. These include a special procedure for making a judicial decision when the accused agrees with the charges brought against him (Chapter 40 of the Criminal Procedure Code of the Russian Federation), a special procedure for trial when concluding a pre-trial cooperation agreement (Chapter 40.1 of the Criminal Procedure Code of the Russian Federation), and an abbreviated inquiry (Chapter 32.1 of the Criminal Procedure Code of the Russian Federation). The subject of study is the provisions of the criminal procedure law and the legal norms enshrined in them, regulating the above-mentioned procedural forms. Systemic connections between the relevant norms are also taken into account. Purpose. The purpose of this article is to identify and analyze the features of the norms of Chapter 32.1 of the Criminal Procedure Code of the Russian Federation, which regulates the procedure that we consider as derivative in relation to the “classical” special procedure for trial, taken in the rank of a “standard” simplified judicial proceeding. Methodology. The stated object and subject of the research are considered by the author using the method of analysis, synthesis, formal-legal, system-structural and comparative-legal methods of scientific knowledge. Results. The work identifies and analyzes the features of the normative regulation of abbreviated inquiry in order to establish the specific characteristics of these criminal procedural procedures within the framework of their classification into primary and derivative. Conclusion. The goal set in the work has been achieved. The problems of the specifics of the normative regulation of abbreviated inquiry have been considered and disclosed. The obtained results can be used for further study of the phenomenon of simplified criminal procedural proceedings as a result of differentiation of criminal proceedings.

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Publication Details

Journal
Herald of Omsk University Series Law
Published
2025-03-28
DOI
https://doi.org/10.24147/1990-5173.2025.22(1).91-100
Primary Topic
Education, Law, and Society
Type
article
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article

Features of the Normative Regulation of Simplified Criminal Procedures (Development of the Problem)

A.V. Boyarskaya
Herald of Omsk University Series Law
Education, Law, and Society
article

Features of the Normative Regulation of Simplified Criminal Procedures (Development of the Problem)

A.V. Boyarskaya
article en

Abstract

Introduction. The author examines simplified criminal procedures. These include a special procedure for making a judicial decision when the accused agrees with the charges brought against him (Chapter 40 of the Criminal Procedure Code of the Russian Federation), a special procedure for trial when concluding a pre-trial cooperation agreement (Chapter 40.1 of the Criminal Procedure Code of the Russian Federation), and an abbreviated inquiry (Chapter 32.1 of the Criminal Procedure Code of the Russian Federation). The subject of study is the provisions of the criminal procedure law and the legal norms enshrined in them, regulating the above-mentioned procedural forms. Systemic connections between the relevant norms are also taken into account. Purpose. The purpose of this article is to identify and analyze the features of the norms of Chapter 32.1 of the Criminal Procedure Code of the Russian Federation, which regulates the procedure that we consider as derivative in relation to the “classical” special procedure for trial, taken in the rank of a “standard” simplified judicial proceeding. Methodology. The stated object and subject of the research are considered by the author using the method of analysis, synthesis, formal-legal, system-structural and comparative-legal methods of scientific knowledge. Results. The work identifies and analyzes the features of the normative regulation of abbreviated inquiry in order to establish the specific characteristics of these criminal procedural procedures within the framework of their classification into primary and derivative. Conclusion. The goal set in the work has been achieved. The problems of the specifics of the normative regulation of abbreviated inquiry have been considered and disclosed. The obtained results can be used for further study of the phenomenon of simplified criminal procedural proceedings as a result of differentiation of criminal proceedings.

Herald of Omsk University Series Law
Omsk State University (RU)
Openalex Percentile: Top 89%
Education, Law, and Society
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