Actual issues of realization of the right to defense at the stage of initiation of a criminal case
- Authors: Lunina N.N.1
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Affiliations:
- Russian State University of Justice
- Issue: No 10 (2023)
- Pages: 104-111
- Section: Criminal law studies
- Submitted: 25.01.2026
- Accepted: 25.01.2026
- Published: 10.10.2023
- URL: https://journals.rcsi.science/2072-909X/article/view/375707
- ID: 375707
Cite item
Abstract
The article is devoted to the implementation of the right to protection by increasing the effectiveness of the consideration of complaints by courts in accordance with Article 125 of the Code of Criminal Procedure at the stage of initiation of a criminal case. Based on the analysis of the norms of Articles 6.1, 29, 144 of the Code of Criminal Procedure of the Russian Federation, the positions of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, attention is drawn to the problems that arise when considering complaints about decisions to initiate criminal proceedings and refusal to initiate criminal proceedings on reporting a crime. It is noted that the existing means of protecting the violated right are insufficient. The purpose of the study is the theoretical and practical justification of the need to improve the criminal procedure legislation and the practice of its application.
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About the authors
Natalia N. Lunina
Russian State University of Justice
Author for correspondence.
Email: Luninan70@yandex.ru
Senior Lecturer of the Department, an Honorary Retired Judge
Russian Federation, MoscowReferences
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