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Dispensation of Justice and Prosecution: the Balance of Procedural Functions in Adversarial Proceedings

Student: Stekolnikov Dmitriy

Supervisor: Sergey Pashin

Faculty: Faculty of Law

Educational Programme: Lawyer in the Sphere of Justice and Law Enforcement (Master)

Year of Graduation: 2019

The master's thesis is devoted to the system analysis of the institutions of criminal procedure legislation in order to identify the powers of the court and the bodies of preliminary investigation, contrary to the adversarial principles of legal proceedings in accordance with the Constitution of the Russian Federation and international standards. The article presents a critical analysis of the current legal regulation of judicial control in the pre-trial stages of the criminal process. Proposals have been made to improve the criminal procedure legislation in terms of the implementation of the powers of the court to return the criminal case to the Prosecutor, as well as in connection with the adoption by the state Prosecutor of the decision to waive the charge or change the charge. It is concluded that the foundations of adversarial proceedings are not fully implemented in the criminal procedure legislation of the Russian Federation.

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