Ensuring the principle of adversarial parties by the investigator at the end of the criminal prosecution

• Main Authors: Viktor Victorovich Pushkarev, Alexander Ivanovich Gaevoy, Andrei Gennadievich Kolchurin, Nikolay Nikolaevich Bukharov, Nikolay Kazimirovich Pcholovsky
• Format: Article
• Language: English
• Published: Editorial AAR 2021-05-01
• Series: Laplage em Revista
• Subjects: Criminal prosecution; The principle of competition; The principle of equality of means; The end of the preliminary investigation; Familiarization with the materials of the criminal case
• Online Access: https://laplageemrevista.editorialaar.com/index.php/lpg1/article/view/806
• ISSN: 2446-6220

The article pays close attention to the problems of ensuring the principle of adversarial parties by the investigator at the end of the criminal prosecution of a person, by preparing an indictment in a criminal case, for its further referral by the prosecutor to the court.  The article reveals the significant issues of ensuring the principle of competition at the end of the criminal prosecution of a person in a pre-trial order, due to which, the domestic judicial and investigative practice and the relevant decisions of the European Court of Human Rights are analyzed.  The obtained data form the basis of the theoretical and legal justification of the need to change the current version of the Criminal Procedure Code of the Russian Federation in order to improve the mechanism of legal regulation of criminal procedure relations arising at the end of the preliminary investigation with an indictment.