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

Forms of Judicial Control Over Pre-trial Proceedings in Criminal Cases

Student: Khansky Vladislav

Supervisor: Timur Sokolov

Faculty: Faculty of Law

Educational Programme: Jurisprudence (Bachelor)

Year of Graduation: 2021

This paper examines the theoretical and historical legal foundations of judicial control over the pre-trial stages of criminal proceedings, describes the characteristics of the three main forms of judicial control in pre-trial proceedings in criminal cases - judicial control over the selection of preventive measures and other measures of criminal procedural coercion, judicial control over the conduct of investigative actions, judicial control over compliance with the constitutional rights of citizens on their complaints; and also reveals problems of institutionalization. The purpose of this work is to characterise the forms of judicial control in pre-trial proceedings in criminal cases. In order to achieve this objective, the following tasks will be carried out: - analyzing the history of the development of judicial control institutions of pre-trial proceedings in criminal cases; - identification of the legal nature of judicial control at the stage of pre-trial proceedings and analysis of its relationship with the justice in criminal cases; - classification of types and forms of judicial control at the pre-trial stage; - characterization of the identified forms of judicial control over the imposition of preventive measures and criminal procedural coercion, the conduct of investigative actions and the observance of the constitutional rights of citizens on their complaints; - Analysis of the prospects for the development of the Russian criminal procedure by introducing the figure of the investigating judge. In the process of writing this work the following methods of scientific research of the topic were used: analysis of doctrinal provisions and scientific literature, analysis of normative legal acts, historical and comparative methods. At the same time, methods of general scientific nature were applied: study, analysis, synthesis, classification. According to the results of the study, the author comes to the following conclusions. Judicial review of pre-trial proceedings in criminal cases is an effective measure to ensure legality and respect for the rights and freedoms of participants in the process. However, despite the high level of development of criminal procedural legislation in the Russian Federation, we are confronted, firstly, with misapplication of doctrinal norms, and secondly, a certain dependence of courts on preliminary investigation bodies is clearly visible.

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