THE CLASSIFICATION OF DECISIONS IN RUSSIAN CRIMINAL PROCEDURE

Year: 
2016

Article:

Issue: 
2

Author(s): 
Skoblik Konstantin
Abstract: 

The author refers to the formal logic theory on a subsumption division and classification, which could be used in criminal procedure, as well as to the concept of «a model of criminal procedure». As a result, he introduces a number of requirements necessary for comprehensive criminal procedure classifications. The author classifies decisions in Russian criminal procedure using the concepts of «public interest» and «private interest» as well as the following classification criteria: a purpose of criminal procedure proving, a destination of a criminal procedure decision, and an outcome of evaluation of the given information. Finally, he makes the faceted classification of criminal procedure decisions. It allows seeing a connection between classified decisions and public origin of Russian criminal procedure. Moreover, the author’s classification helps to show the role of each decision in criminal procedure proving and to insert a new content into notions of initial, intermediate and final decisions. The relation between initial, intermediate and final decisions, on the one hand, and prognostic and cognitive decisions, on the other hand, is revealed.

Key words: 

public model of Russian criminal procedure, classification of Russian criminal procedure decisions, public and private interest, purpose of criminal procedure proving, destination of a criminal procedure decision, outcome of evaluation

Text of the article: 
English