2-1(86) 2015 LEGAL SCIENCE
N.A. Dudko
On the Application of General Terms of Litigation to Preliminary Inquiry at Jury Trial
The article considers the issue about the application of general terms of judicial proceeding to the process of preliminary court hearing at the jury trial on the basis of theoretical concepts, legislation analysis and judicial practice. Introduction of jury trial identified the peculiarities of norms application of the Russian Federation Code of Criminal Procedure in the process of cases hearings with jury participation and stimulated the necessity of their study. The peculiarities of the general terms of judicial proceedings at the preliminary hearing are stipulated by the tasks of this complicated stage of court proceeding and peculiarities of judiciary proceedings in jury trial. Contextually different procedural criminal regulations which form the general terms of the judicial proceedings are divided into five groups. Classification of general terms of the judicial proceedings allows to specify the peculiarities of each group of general terms effect at the preliminary inquiry including the hearing of the criminal case by jurors. It is concluded that the proposal to point out general terms of preliminary hearing is invalid. Actually these proposals reflect the peculiarities of the judicial proceedings general terms manifestation in the preliminary inquiry.
DOI 10.14258/izvasu(2015)2.1-09
Key words: jury trial, preliminary inquiry, general terms of judiciary proceeding
Full text at PDF, 248Kb. Language: Russian.
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