Application of Provisions Plenum of the Supreme Court of the Russian Federation “About the Practice of Consideration by Courts of Petitions on the Production of Investigative ActionsRelated to the Restriction of the Constitutional Rights of Citizens (Article 165 of the Code of Criminal Procedure of the Russian Federation)”, Concerning Preliminary Judicial Review

• Main Author: I. S. Smirnova
• Format: Article
• Language: Russian
• Published: Omsk Law Academy 2018-09-01
• Series: Сибирское юридическое обозрение
• Subjects: preliminary judicial control; permission for the execution of investigative actions; explanations of the plenum of the supreme court of the russian federation; restriction of constitutional rights of the individual; court session; applications
• Online Access: https://www.siberianlawreview.ru/jour/article/view/168

The article analyzes the explanations of the Plenum of the Supreme Court of the Russian Federation dated June 1, 2017 No. 19, concerning preliminary judicial control in criminal pre-trial proceedings. The author examines the applied aspects of certain provisions of the document in accordance with the current criminal procedure law, evaluates their significance for the judicial and investigative practice, notes the insufficiency of explanations of the Plenum on a number of conflict-of-laws issues, which adversely affects the uniformity of application of the provisions of the Code of Criminal Procedure of the Russian Federation, offers its own review of the provisions of the law, which were commented upon by the Plenum of the Supreme Court of the Russian Federation.