DOI: 10.7256/2454-0706.2023.11.68879

Abstract: Emphasizing the importance of judicial practice, the author notes that based on the results of the assessment of various aspects of judicial practice, conclusions are drawn about trends in judicial activity, about the effectiveness of procedural legislation, legislation defining the rules for the formation and functioning of the judicial system, as well as other legal acts, about the level of legality in judicial activity, as well as in the activities of pre-trial proceedings (for example, in the field of criminal justice), ensuring the rights of the individual and on many other issues. Particular attention is paid in the article to the definition of the very concept of "judicial practice", based on the identified characteristic features that allowed to reveal its essence and formulate a definition. The study also draws a correlation between "general applicability" and such concepts as "unity of judicial practice" and "uniformity of judicial practice". In his research , the author comes to the following conclusions: 1. Judicial practice is a set of any procedural acts created in the course or as a result of judicial activity. Judicial practice should include both court decisions (final or interim) and protocols of judicial actions, as well as other documents that may become the basis for the occurrence of legally important consequences. 2. General applicability is considered as the possibility of using the results of one judicial body by other courts in their procedural activities. 3. The unity of judicial practice is considered as a property that is not inherent in judicial practice by definition, but it is a necessary quality that is subject to formation in judicial practice by taking appropriate measures on the part of the authorized judicial body.

DOI: 10.7256/2454-0706.2022.7.38244

Abstract: In legal science, such a direction of research as individual legal regulation has become widespread. On its basis, types are distinguished, including individual judicial regulation. This concept is of particular importance for criminal proceedings and its study can lead to new theoretically and practically significant results. Considering that the study of individual judicial regulation has been conducted for many years in the general theory of law, in civil law, the purpose of this work was to generalize their individual results (in terms of the main features of individual judicial regulation) and to develop the main directions of their application in the field of criminal proceedings. The object of the study was relations in the field of judicial criminal procedural activity. Methods of analysis, synthesis, generalization, comparative legal, formal legal, modeling were used in the study. The main results were expressed in the identification of knowledge useful for the science of the criminal process, obtained by scientists in the field of theory of law (V.V. Ershov, V.M. Gorshnev, S.S. Alekseev, etc.), civil law (V.V. Kulakov, A.D. Koretsky, V.V. Gruzdev, etc.) and determining their significance for conducting research of individual judicial regulation in criminal proceedings. The author's conclusion based on the results of the study is the need to develop scientific research in relation to individual judicial regulation in criminal proceedings as a potentially effective means of resolving criminal law conflicts, taking into account the developing trends of procedural contracts, agreements and other vectors that increase the level of individuality of decisions made by the court.

DOI: 10.7256/2454-0706.2018.6.26387

Abstract: The object of this research is the criminal procedural relations forming in the course of preparation for trial within pretrial procedure on criminal cases, including hearing of motions on investigation. The author points out that certain aspects of judicial activity in such legal and social significance remain without proper attention from the legislator. The subject of the research is the institution of trial preparation. Its most interesting aspect is the differentiation of this institution, consequences of this process and its manifestation in the criminal procedural legislation. The author formulates proposals that would allow organizing the procedural work of the judge and other parties in the trial at the pretrial stage of the criminal procedure, including hearing of motions on investigation. Original proposals are devised and substantiated by the author pertaining to the form of realization of the pretrial preparation institution for hearing motions on investigation during pretrial in criminal cases.

DOI: 10.7256/2454-0706.2018.6.43155

Abstract: The object of this research is the criminal procedural relations forming in the course of preparation for trial within pretrial procedure on criminal cases, including hearing of motions on investigation. The author points out that certain aspects of judicial activity in such legal and social significance remain without proper attention from the legislator. The subject of the research is the institution of trial preparation. Its most interesting aspect is the differentiation of this institution, consequences of this process and its manifestation in the criminal procedural legislation. The author formulates proposals that would allow organizing the procedural work of the judge and other parties in the trial at the pretrial stage of the criminal procedure, including hearing of motions on investigation. Original proposals are devised and substantiated by the author pertaining to the form of realization of the pretrial preparation institution for hearing motions on investigation during pretrial in criminal cases.

DOI: 10.7256/2454-0706.2018.1.24937

Abstract: The institution of preparation of criminal cases for trial is defined by the order of procedural actions and procedural decisions at the time of transfer of the criminal case from the prosecutor’s office to the court. The results of the corresponding criminal procedure work of the authorized subjects are defined by the efficiency of trial of the criminal case in court, including such aspect as speediness of trial of the criminal case. The importance of the procedural tasks before the institution of preparation of criminal cases, the need for optimization of the ways and means of their solution actualizes the academic research on the corresponding issues. One of the factors contributing to current increase of academic interest towards this institution is the development of judicial work at the pretrial stages, which seems to require advancement and normative formalization of the precepts of preparation for trial in cases submitted to court by the parties of the criminal justice according to the Article 125 of the Criminal Procedure Code of the Russian Federation, recommendation of the branch of preliminary investigation on detective work, execution of preventative measures, etc.

DOI: 10.7256/2454-0706.2018.1.43120

Abstract: The institution of preparation of criminal cases for trial is defined by the order of procedural actions and procedural decisions at the time of transfer of the criminal case from the prosecutor’s office to the court. The results of the corresponding criminal procedure work of the authorized subjects are defined by the efficiency of trial of the criminal case in court, including such aspect as speediness of trial of the criminal case. The importance of the procedural tasks before the institution of preparation of criminal cases, the need for optimization of the ways and means of their solution actualizes the academic research on the corresponding issues. One of the factors contributing to current increase of academic interest towards this institution is the development of judicial work at the pretrial stages, which seems to require advancement and normative formalization of the precepts of preparation for trial in cases submitted to court by the parties of the criminal justice according to the Article 125 of the Criminal Procedure Code of the Russian Federation, recommendation of the branch of preliminary investigation on detective work, execution of preventative measures, etc.