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On the issue of inequality of procedural rights and procedural capabilities of participants in criminal proceedings on the part of the prosecution

https://doi.org/10.22394/2074-7306-2023-1-4-147-153

EDN: LAYPXM

Abstract

The article is devoted to topical issues related to unequal procedural rights and procedural capabilities of participants in criminal proceedings on the part of the prosecution. The article analyzes the most problematic issues of the current law enforcement practice in this area, provides the most characteristic examples of the lack of procedural equality of participants in criminal proceedings on the part of the prosecution, the lack of rights and procedural capabilities of such participants as the victim and the civil plaintiff in comparison with such participants as the investigator, investigator, head of the investigative body, prosecutor and others. A brief comparative analysis of the procedural capabilities of the plaintiff in civil proceedings and the civil plaintiff in criminal proceedings is given. Proposals have been developed and formulated on the need to make the necessary changes to the criminal procedure legislation in order to expand procedural opportunities for the realization of the rights of the victim and the civil plaintiff to full access to justice.

About the Author

N. V. Veretennikov
Southern Federal University
Россия

Nikolay V. Veretennikov – Cand. Sci. (Jurid.), Associate Professor of the Department of Criminal Procedure and Criminalistics of the Faculty of Law

Rostov-on-Don



References

1. Veretennikov N. V. On the issue of the possibility of refusal to recognize a civil plaintiff in criminal proceedings. In: Development of legal science in new conditions: unity of theory and practice – 2022: collection of reports of the annual All-Russian Scientific and Practical Conference with international participation. I.P. Zinoviev (ed). Southern Federal University. Rostov-on-Don ; Taganrog : Southern Federal University Press; 2022. 414 p. (In Russ.)

2. Stepanov K. V. Involvement as an accused. The grounds and procedure for changing and supplementing the charges at the preliminary investigation. Features of the implementation of the defense at the arraignment and interrogation of the accused. In: The handbook of the future lawyer: a textbook for persons applying for the acquisition of the status of a lawyer. A. G. Dulimov, I. P. Zinoviev (eds.). Rostov-on-Don: Southern Federal University Press; 2014. 720 p. (In Russ.)

3. Stepanov K. V., Malina M. A. Problems of using expert opinions in criminal proceedings, as well as the results of forensic examinations of non-state forensic institutions. Bulletin of the Faculty of Law of the Southern Federal University. 2022;9(4):144–148. DOI: 10.18522/2313-6138-2022-9-4-19. (In Russ.)

4. Sayfulina E. V., Lyakhov Yu. A. Rendering qualified legal assistance in criminal proceedings. Bulletin of the Faculty of Law of the Southern Federal University. 2021;8(2):41–44. DOI: 10.18522/2313-6138-2021-8-2-7. (In Russ.)


Review

For citations:


Veretennikov N.V. On the issue of inequality of procedural rights and procedural capabilities of participants in criminal proceedings on the part of the prosecution. North Caucasus Legal Vestnik. 2023;(4):147-153. (In Russ.) https://doi.org/10.22394/2074-7306-2023-1-4-147-153. EDN: LAYPXM

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ISSN 2074-7306 (Print)
ISSN 2687-0304 (Online)