Simplified court proceedings in criminal proceedings in Russia and the specificity of their procedural form
In the article the authors examine the concept of simplified court proceedings, the definition of which is built by identifying the specificfeatures inherent in this elementary type of court proceedings in criminal cases. Features simplifying judicial proceedings are identifiedin comparison with the total order of procedure of the criminal proceedings and considered from the standpoint of how they form.In this case, the specific procedure of simplified court proceedings is examined from different points of view, bearing in mind the aspectof the criminal process: the system of procedural forms, the system of procedural safeguards or procedural relations. As a result, theauthors formulate the definition of a simplified judicial process, which is understood as a more elementary, as compared to the generalprocedure of the criminal proceedings, judicial cycle of evidential activity, which is simplified, depending on the aspect of criminal justice:- by eliminating all unnecessary formalities in its procedure and by changing the form of procedural safeguards, including relatingto the proof, when criminal justice is considered as a system of safeguards to achieve its objectives; - direct or indirect ways through theconversion of general or specialized rules of law, respectively, including attributable to the law of evidence, when criminal justice isconsidered as a system of rules of criminal procedure; - by eliminating certain elements of criminal procedural forms, also relating tothe proof, by establishing shorter procedural terms, by entering additional elements in the system of criminal procedural forms that areadapted for a particular procedure, when criminal justice is understood as a system of procedural forms; - by changing elements ofcriminal procedural relations, including the relation in the sphere of proof, when criminal justice is considered as a system of criminalprocedural relations. In addition, the authors of the article try to build the system of simplified court proceedings typical for the moderncriminal trial in Russia, which includes a special order of proceedings, a special procedure for trial when concluding the pre-trial agreementon cooperation and criminal proceedings of private accusation.
Keywords
упрощенное производство, упрощенное судебное производство, уголовно-процессуальная форма, дифференциация уголовного судопроизводства, simplified procedure, simplified judicial proceedings, criminal procedural form, differentiation of criminal proceedingsAuthors
| Name | Organization | |
| Azarov Vladimir A. | F.M. Dostoevsky Omsk State University | lena-rozkova @yandex.ru |
| Boyarskaya Aleksandra V. | F.M. Dostoevsky Omsk State University | russiaomsk@gmail.com |
References