DIFFERENTIATION OF PRE-TRIAL PROCEEDINGS IN THE REPUBLIC OF BELARUS AND THE RUSSIAN FEDERATION
Abstract and keywords
Abstract:
Constant changes in the domestic criminal procedure legislation, the appearance of new differentiated forms in pre-trial proceedings indicate the continuous search by legislators and scientists for improved forms of crime investigation. At the same time, an important point is not only the successful application of new forms of investigations in practice, but also the maintenance of a balance between efficiency, procedural economy and the protection of the rights and interests of citizens. Our country is not the only one where criminal proceedings are conducted on the basis of the Criminal Procedure Code, which provides for pre-trial proceedings. There is a possibility that other countries have the most optimal forms of investigation, in which a balance is maintained. To this end, this article provides a comparative analysis of the differentiation of pre-trial proceedings in the Republic of Belarus and the Russian Federation, as well as its changes since the adoption of the codes. A reasonable conclusion is drawn about the existing differences in the differentiation of pre-trial proceedings despite the existence of common problems. Ways to solve them are proposed.

Keywords:
pre-trial proceedings, differentiation, initiation of criminal proceedings, investigation, preliminary investigation, inquiry, efficiency, protection of the rights and legitimate interests of citizens, procedural economy
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References

1. Gavrilov B. Ya. Simplified forms of investigation in Russian pre-trial proceedings: current status and ways of improvement, public and private law // Public and private law. 2025. No. 1 (47). P. 53–69. https://doi.org/10.519 44/20738501_2025_I(XLVII)_53. (In Russ.)

2. Danko I. V. Shortcomings of modern lawmaking (using the example of the Criminal Procedure Code of the Republic of Belarus) // Institute bulletin: crime, punishment, correction. 2009. No. 5. P. 66–69. (In Russ.)

3. Ashitko V. P. Features of the procedural activities of the prosecutor at the final stage of the preliminary investigation // Issues of criminology, forensics and forensic examination. 2011. No. 2 (30). P. 33–39. (In Russ.)

4. Sedach A. V. History of the formation and development of the institution of criminal prosecution during pre-trial proceedings in a criminal case // Innovative potential for the development of legal science and practice in the modern world : collection of scientific articles / editorial board: S. E. Cheburanova (editor-in-chief) [et al.]. Grodno : Grodno State University. 2023. P. 303–307. (In Russ.)

5. Soltanovich A. V., Polyaschuk N. A. Conceptual ways for improvement of the Criminal Procedure Code of the Republic of Belarus // Pravo.by. 2020. No. 6 (68). P. 99–104. (In Russ.)

6. Danilevich A. A., Samarin V. I. The place of the stage of initiation of a criminal case in the system of criminal procedure of the Republic of Belarus // Legality and law and order. 2013. No. 3 (27). P. 24–29. (In Russ.)

7. Karazei O. G. On the necessity to reform the stage of initiating a criminal case // Fight against crime: theory and practice : materials of the 2nd International scientific and practical conference, Mogilev, February 27, 2014. Mogilev : Educational Institution “Mogilev Institute of the Ministry of Internal Affairs of the Republic of Belarus”, 2014. P. 121–123. (In Russ.)

8. Shkaplerov Yu. P. The transformation of the stage of initiating criminal case in the 21st century: Belarusian experience // Society and law. 2023. No. 1 (83). P. 43–48. (In Russ.)

9. Sedach A. V., Sorkin V. S. On reasonable terms of pre-trial criminal procedure // Problems of strengthening law and order: science, practice, trends. 2023. No. 16. P. 321–327. (In Russ.)

10. Gavrilov B. Ya. Refusal to initiate a criminal case as a criminal procedural guarantee for overcoming resistance // Development of the doctrine of counteracting the investigation of crimes and measures to overcome it in the context of digital transformation : collection of scientific articles based on the materials of the international scientific and practical conference, Moscow, May 21, 2021 / ed. by Yu. V. Gavrilin, Yu. V. Shpagina. Moscow : Academy of Management of the Ministry of Internal Affairs of the Russian Federation, 2021. P. 335–345. (In Russ.)

11. Derishev Yu. V. Relic of socialist legality is mutating // Russian law: education, practice and science. 2017. No. 6 (102). P. 71–76. (In Russ.)

12. Vorobei S. N. Questions to increase efficiency of production of investigatory and procedural actions in the stage of excitation of the criminal case // Vestnik of Far Eastern Law Institute of the Ministry of Internal Affairs of Russia. 2017. No. 2 (39). P. 30–34. (In Russ.)

13. Golovinskaya I. V. Some features of the regulation of the procedure for consideration of a report on a crime // Current issues of public law : collection of scientific papers, Vladimir, November 18–19, 2021 / Vladimir State University named after Alexander Grigorievich and Nikolai Grigorievich Stoletov. Issue 15. Vladimir : KopiA-Servis, 2022. P. 67–71. (In Russ.)

14. Shilko Zh. A. On the issue of compliance with the procedural form in terms of regulating the powers of officials of criminal prosecution bodies to carry out expedited proceedings // Vestnik of Siberian Law Institute of the MIA of Russia. 2022. No. 4 (49). P. 140–146. https://doi.org/10.51980/2542-1735_2022_4_10. (In Russ.)

15. Pechegin D. A. Procedural problems of introduction of category “criminal offence” to the criminal legislation of the Russian Federation // Criminal law. 2017. No. 4. P. 98–99. (In Russ.)

16. Abravitova Yu. I., Chabukiani O. A. Criminal misconduct institution: the history and perspectives // Journal of legal and economic sciences. 2018. No. 3. P. 1–6. (In Russ.)

17. Maslov V. A. Prospects for the introduction of criminal misconduct into domestic criminal legislation. draft laws of the Supreme Court of the Russian Federation // Lex russica. 2023. Vol. 76, no. 5. P. 136–149. (In Russ.)

18. Samko A. V. Features of proof in criminal cases of private prosecution // Issues of criminology, forensics and forensic examination. 2020. No. 2 (48). P. 25–28. (In Russ.)

19. Samko A. Some problems associated with the appointment and preparation of court proceedings in criminal cases of private prosecution // Judicial bulletin. 2018. No. 4 (108). P. 70–73. (In Russ.)

20. Oleynik V. V. Participation of the victim in criminal prosecution : abstract of dis. … Cand. of Law. Omsk, 2020. 24 p. (In Russ.)

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