JUDICIAL CONTROL IN CRIMINAL PROCEEDINGS (DEBATABLE QUESTIONS)

Abstract

On the basis of the analysis of different points of view, the authors uphold the position that judicial control is performed only in the court of second instance and at other test trial stages in connection to the decisions of the inferior court. In the course of preliminary investigation, the court shall administer justice, as the judicial control over the activities of Executive authorities contradicts the logic of the principle of separation of powers and the implementation of justice by an independent court. Consideration of the criminal procedure conflicts, arising in the process of preliminary investigation, is carried out on the basis of contentiousness and is different from the primary production by a subject of litigation.