Author

Alexandrova L.A., Yuldoshev R.R.

Title of article

The institute of prejudice in the criminal proceedings of the Russian Federation and the Republic of Tajikistan

Section

Section 10. Comparative studies and foreign experienc

Issue, year

1 (35) 2016

Abstract

The role, place and content of the institute of prejudice in the criminal proceedings of Russia and Tajikistan are considered. Comparative study of this phenomenon determined the degree of knowledge and the level of perception of its essence and content, as well as the primary purpose of this institute by legislators. The amendments to the criminal procedure legislation of both states indicate inaccurate use of prejudicialness of procedural decisions at various stages of criminal proceedings, which primarily affects ordinary citizens involved in the sphere of criminal proceedings. Establishing the rule of prejudice, the legislator didn’t define the limits of rights and obligations of the subjects of criminal procedure responsible for conducting the case. This has a negative effect on the determination of the object and limits of proving in criminal proceedings by investigator and court, and involves violation of the rights of victims, accused persons, civil plaintiffs and defendants. Law enforcement practice in the analyzed field requires the correction based on the positions of the advanced foreign experience. It’s summarized that the criminal procedure legislation of Russia and Tajikistan reserves the right to choose the decision for law enforcer: to initiate a criminal case or to refer to a valid court decision made in civil (administrative or arbitration) proceedings (in Tajikistan also family proceedings) on the same circumstances. Refusal to initiate a criminal case doesn’t violate the criminal procedure legislation, because the corresponding procedural rule is recognized to be consistent with the RF Constitution, despite the fact that it limits access to justice and should be revised.

Keywords

Russian Federation; Republic of Tajikistan; Code of Criminal Procedure of the Russian Federation; Code of Criminal Procedure of the Republic of Tajikistan; prejudice; institute.