• A
  • A
  • A
  • ABC
  • ABC
  • ABC
  • А
  • А
  • А
  • А
  • А
Regular version of the site

Student
Title
Supervisor
Faculty
Educational Programme
Final Grade
Year of Graduation
Andrey Kazakov
Essential Violations of the Law at the Stage of Preliminary Investigation
2019
This work is devoted to the study of essential violations of the criminal procedure law committed by law enforcement officials at the stage of preliminary investigation. To achieve this goal, the author analyzed the principles of criminal proceedings, and identified typical forms of their violation during the preliminary investigation. Particular attention was paid to the violation of the principle of respect for the honor and dignity of the individual in criminal proceedings.

The author proceeds from the fact that the quintessence of the violation of rights and freedoms of participants in criminal proceedings at the preliminary investigation stage is a violation of the prohibition of torture and inhuman or degrading treatment. The existence of such a practice reduces the modern pre-trial criminal proceedings to an inquisitorial type, which recognized the defendant as the object of study, the source of procedural information, but not a full-fledged subject of the criminal process.

The problem of torture is aggravated by the lack of effective investigation of complaints on torture and inhuman or degrading treatment, which is caused by the systemic flaws of the modern Russian investigation, among which are: the lack of institutional and factual independence of the preliminary investigation bodies and their officials; an evaluation system that focuses investigators on the result, but not on the quality of the investigation; the lack of resources to conduct effective investigations; the ineffectiveness of prosecutorial oversight and judicial control over the investigation.

Student Theses at HSE must be completed in accordance with the University Rules and regulations specified by each educational programme.

Summaries of all theses must be published and made freely available on the HSE website.

The full text of a thesis can be published in open access on the HSE website only if the authoring student (copyright holder) agrees, or, if the thesis was written by a team of students, if all the co-authors (copyright holders) agree. After a thesis is published on the HSE website, it obtains the status of an online publication.

Student theses are objects of copyright and their use is subject to limitations in accordance with the Russian Federation’s law on intellectual property.

In the event that a thesis is quoted or otherwise used, reference to the author’s name and the source of quotation is required.

Search all student theses