CATEGORY OF EFFICIENCY IN THE ASSESSMENT OF LEGISLATIVE REGULATION OF THE STAGE OF THE CRIMINAL CASE INITIATION

  • Yaroslava Petrovna Ryapolova South-West State University
Keywords: initiation of a criminal case, criminally-remedial activity, legislative regulation efficiency, check of the report of a crime

Abstract

The paper considers the methodological and applied aspects of studying the efficiency of legislative regulation of the stage of initiation of criminal cases as a scientific category. The author assumes that the development of theoretical legal matters related to specifying the conditions and criteria of assessment of such efficiency will make it possible with greater scientific objectivity to forecast trends in the criminal procedure legislation in line with the future pre-trial procedure modernization, to assess the consistency of the institute of initiation of a criminal case in the Russian criminal procedure. The paper presents the author’s definition of the concept of the efficiency of legislative regulation of the initial stage of the pre-trial procedure. The author concludes that in the sphere of legislative regulation of the pre-trial procedure, specifying the parameters of the process of achieving the goal and solving specific tasks of the stage is related to the solution of the issue of possibility to implement measures of criminal procedure compulsion, which should be minimal at the stage of initiation of a criminal case. The author attempted to formulate the main conditions, which, to the author’s opinion, should be taken into account during the current and expected assessment of the efficiency of legislative regulation of the stage of the criminal case initiation. These conditions are determined both by the quality of relevant criminal procedure norms and the social mechanism of their action. Meeting such conditions promotes the optimum selection of legal instruments adequate for current tasks of the stage, taking into account their regulatory potential, acceptability, possible risks and expenses, and the environment parameters.

Author Biography

Yaroslava Petrovna Ryapolova, South-West State University

PhD (Law), assistant professor of Chair of Criminal Procedure and Criminalistics.

Published
2020-06-29
Section
Legal Sciences