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Adversarial Pre-trial Investigation in Russia: Concerns and Opportunities for Emerging

Student: Konnov Artyom

Supervisor: Sergey Pashin

Faculty: Faculty of Law

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

Year of Graduation: 2019

Since the enactment of Constitution of Russia legislator has failed to suffice constitutional provision of part 3 article 123 of Russian Constitution which orders to establish adversarial system of pre-trial investigation. The main reason for such failure is lack of theoretical frame, which should have provided ideas for construction of adversarial pretrial investigation. Moreover, many researchers provide strong opinions according to which Russian criminal justice is part of European legal system. According to that, pre-trial investigation must be inquisitorial as well as others European pre-trial proceedings. Hence, the research was conducted in order to retort strong theoretical opinion of inquisitorial nature of pre-trial investigation. Moreover formatting of theoretical conditions for establishment of Russian adversarial investigation was the object of this work. To complete these objects was conducted analysis of French preliminary investigation and American preliminary proceedings. After comparative study of foreign procedural forms. Apanage determining features of each proceedings was specified. Russian inquisitorial proceedings which prevents to establish adversarial criminal justice was ascertained. In conclusion was drawn theoretical approach for overcoming the inquisitorial nature of Russian criminal proceedings.

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