Alternative procedural forms: nature and directions of development

Authors

  • Yu. V. Kuvaldina Samara National Research University Kuvaldina Yu. V.
  • E. V. Maryina Samara National Research University Kuvaldina Yu. V.

DOI:

https://doi.org/10.17308/law/1995-5502/2022/2/326-338

Keywords:

criminal procedure, alternative procedural forms, special procedure for trial, termination of a criminal case due to the reconciliation of the parties, pre-trial cooperation agreement

Abstract

The authors refer the procedures provided for by Art. 25, 25.1, 28, 28.1, chapters 32.1, 40, 40.1 of the Criminal Procedure Code of Russian Federation, to alternative procedural forms. The paper reveals their features due to the dominant importance of publicity in the domestic criminal procedure. The authors show that for the development of modern alternative procedural forms, it will be necessary to reconsider the ratio of the discretionary powers of the law enforcement offi cer and the dispositive rights of participants in criminal proceedings who are not endowed with power. The authors make a proposal to improve the normative regulation of these procedures.

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Author Biographies

  • Yu. V. Kuvaldina, Samara National Research University Kuvaldina Yu. V.

    Candidate of Legal Sciences, Associate Professor of the Criminal Process and Criminalistics Department

  • E. V. Maryina, Samara National Research University Kuvaldina Yu. V.

    Candidate of Legal Sciences, Associate Professor of the Criminal Process and Criminalistics Department

References

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Published

2022-08-15

Issue

Section

Criminal Law. Criminal Process. Criminalistics