Leading Factors of the Effectiveness of the Legislative Regulation of Criminal Proceedings at the Stage of Criminal Case Initiation

Abstract:

The article deals with socio-economic, theoretical and legal issues related to the definition of key factors that should be taken into account when assessing the effectiveness of the legislative regulation of criminal procedural activities implemented at the stage of criminal case initiation. The assessment of the outcome of the initial stage of criminal proceedings in terms of reporting indicators of judicial and law enforcement activities cannot be considered sufficient, since criminal proceedings do not belong to the production sphere of activity. It is substantiated that the current and predictive assessment of the effectiveness of the legislative regulation of the criminal case initiation stage requires a pluralistic approach: it should address techniques developed by social sciences and criminal procedure science to identify criteria for this effectiveness and ways to improve it. It is necessary to take into account not only the law perfection in technical and legal and substantive terms, but also the social mechanism and regulatory potential of relevant criminal procedural rules.

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