Махова Т.М. Деятельность судьи по подготовке уголовного дела к судебному заседанию

Аннотация: This article aims to consider a number of topical issues concerning the role of judge at the stage of preparation of criminal case to the trial and his or her appointment. Although Criminal Procedure Code of Russian Federation does not specify the starting point for the beginning of this particular stage of criminal procedure, but rather tends to link the deadline for making this decision by a judge at this stage to the day when the criminal case entered the court; and also Criminal Procedure Code of the Russian Federation does not provide for a judge to make separate decision on starting proceedings for this case. In this regard, a conclusion is made that the start of this stage will be the date when particular criminal case entered the court office, thereafter court president orders a particular judge to start proceedings on this case, which results in the judge making his or her proceedings for this case. Such judge is entitled to make the most important final decision reflecting the essence of this stage, that is, decision on the possibility of ordering a trial on such case, which should be considered as taking the case to proceedings by the judge. Another matter considered in this article concerns the right of the judge on its own to make decision on the inadmissibility of the proof on this case at this stage of the process. Discussion matters include deciding on whether a judge should be given a right – when determining any grounds for conducting preliminary hearing – to order it in his own judgment regardless of availability of petition by a party. In doing so the law allows conducting preliminary hearing initiated by the judge if only the judge sees, based on the material of the case under his or her scrutiny, any grounds for suspending or terminating such criminal case or returning the case to public prosecutor. Despite regulation of the procedure on exclusion of evidence, this article draws attention to the absence in the law of a clear point made by lawmakers concerning the right of judge on his or her own to make decision on exclusion of evidence on the case, primarily in cases when respective petition failed to be made by either party. As substantiation of this proposal, an opinion is made that the judge shall proceed with common case in such a way that while examining case papers, he or she should find out the availability of not only factual but also legal grounds for ordering a trial and in doing so the judge may reveal a breach of the criminal procedure law as far as collection and verification of evidence is concerned, while no reference to a petition made by a party in order to exclude such evidence is found in any provision of the above mentioned and other clauses of the Criminal Procedure Code of the Russian Federation.

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Abstract: This article aims to consider a number of topical issues concerning the role of judge at the stage of preparation of criminal case to the trial and his or her appointment. Although Criminal Procedure Code of Russian Federation does not specify the starting point for the beginning of this particular stage of criminal procedure, but rather tends to link the deadline for making this decision by a judge at this stage to the day when the criminal case entered the court; and also Criminal Procedure Code of the Russian Federation does not provide for a judge to make separate decision on starting proceedings for this case. In this regard, a conclusion is made that the start of this stage will be the date when particular criminal case entered the court office, thereafter court president orders a particular judge to start proceedings on this case, which results in the judge making his or her proceedings for this case. Such judge is entitled to make the most important final decision reflecting the essence of this stage, that is, decision on the possibility of ordering a trial on such case, which should be considered as taking the case to proceedings by the judge. Another matter considered in this article concerns the right of the judge on its own to make decision on the inadmissibility of the proof on this case at this stage of the process. Discussion matters include deciding on whether a judge should be given a right – when determining any grounds for conducting preliminary hearing – to order it in his own judgment regardless of availability of petition by a party. In doing so the law allows conducting preliminary hearing initiated by the judge if only the judge sees, based on the material of the case under his or her scrutiny, any grounds for suspending or terminating such criminal case or returning the case to public prosecutor. Despite regulation of the procedure on exclusion of evidence, this article draws attention to the absence in the law of a clear point made by lawmakers concerning the right of judge on his or her own to make decision on exclusion of evidence on the case, primarily in cases when respective petition failed to be made by either party. As substantiation of this proposal, an opinion is made that the judge shall proceed with common case in such a way that while examining case papers, he or she should find out the availability of not only factual but also legal grounds for ordering a trial and in doing so the judge may reveal a breach of the criminal procedure law as far as collection and verification of evidence is concerned, while no reference to a petition made by a party in order to exclude such evidence is found in any provision of the above mentioned and other clauses of the Criminal Procedure Code of the Russian Federation.

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