Current aspects of motion institution in modern criminal procedure law
The article examines the motion institution in modern Russian criminal procedure law. Analyzing the role of motions in protecting the rights of criminal proceedings participants, the authors highlight their importance in ensuring legal, valid, and fair procedural resolutions. The article considers the problems of motions’ legislative regulation, including the lack of a clear definition of this concept in the Criminal Procedure Code of the Russian Federation, as well as flaws in the procedure of their filing, processing and resolution. Authors emphasize the motion consideration period, filing methods, and the necessity of notifying applicants of adopted resolutions. The authors propose to amend the legislation to improve the legal regulation of the motion institution, including motion points’ clarification, terms of their processing and the order of applicants’ notification. In conclusion, the authors propose defining “motion” as follows, for inclusion in Article 5 of the Criminal Procedure Code of the Russian Federation.
Authors
- Елизавета Власова
- Т.М. Моисеева
- T. Yu. Dementeva
Publication Details
- Journal
- Surgut State University Journal
- Published
- 2025-01-01
- DOI
- https://doi.org/10.35266/2949-3455-2025-2-8
- Primary Topic
- European and International Law Studies
- Type
- article
- Field-Weighted Citation Impact
- 0.00