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Topical Issues of Inquiry Division Chief Exercising Powers to Eliminate Procedural Defects Made by an Inquirer at the Pre-Trial Stage
Abstract.The author of the present article analyzes powers and competences of a chief of inquiry division to eliminate procedural defects made by an inquirer at the pre-trial stage. The author analyzes different points of view regarding the terms 'powers' and 'functions' applicable to criminal procedure law. Zyrianova emphasizes the need to extend the scope of procedural powers of a chief of the inquiry division at the legislative level. The author provides particular evidences and proof of why it is necessary to do so. Based on the provisions made in her research, Zyrianova offers an amended version of Articles 225 and 40.1 of the Criminal Law Code of the Russian Federation. In her research the author uses different research methods, not only legal research methods but also analysis, comparison, generalization and induction. The novelty of the research is caused by the fact that the author offers to amend Part 4 of Article 225 of the Russian Federation Criminal Law Code. Besides granting certain powers to a head of the inquiry division, the author also offers to coordinate but not issue a criminal complaint or decision as well as to specify the exact timing of submitting a criminal case to a prosecutor. For this purpose, in the Criminal Law Code of the Russian Federation it is necessary to specify the exact period of time for submitting a criminal case to a prosecutor after fulfilling the requirements of Article 217 of the Criminal Code of the Russian Federation. In addition, Part 1 of Article 40.1 of the Criminal Law Code also needs to be completed in some parts and clauses.
Keywords: competence, function, chief of inquiry devision, powers, chief of inquiry department, violations, inquirer, subject, inquiry, control
Article was received:09-02-2017
This article written in Russian. You can find full text of article in Russian here .