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

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
Controls
|||
ALL TIME
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
article

Current aspects of motion institution in modern criminal procedure law

Елизавета Власова, Т.М. Моисеева, T. Yu. Dementeva
Surgut State University Journal
European and International Law Studies
article

Current aspects of motion institution in modern criminal procedure law

Елизавета Власова, Т.М. Моисеева, T. Yu. Dementeva
article en

Abstract

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.

Surgut State University JournalVol. 13(2)
Openalex Percentile: Top 79%
European and International Law Studies
AI Navigator

Ask Laika to Summarize, Analyze, and Connect papers live on the map.

Summarize Papers & Methodologies

Extract key findings, datasets, and comparative methods across publications.

Benchmark Rankings & Visual Analytics

Rank top research institutions, authors, funders, topics, and journals by Field-Weighted Citation Impact (FWCI) and paper volume with instant charts.

Connect Distant Disciplines

Bridge topological clusters on the map to find hidden collaborative intersections.