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2005. 01. 006. N.A. Yurkevich. Institute of the bringing to court in Russia from reform to reform/Kemer. State. Un-t. - Tomsk, 2003. - 102 with



the shy group of territorial figures received in the official way the political power.

However success of zemets was rapid. Revolution was lifted to new, higher level. Workers, soldiers, peasants considered zemstvoes as antinational institutions. During the spring and summer of 1917 there was a process of democratization of zemstvoes, i.e. removals from their structure of qualification elements. The provisional government started development of the laws turning bodies of territorial self-government into the main link of local government. In the same time also influence of councils began to increase. Councils, on the one hand, of zemstvo and thoughts - with another, represented opposite alternatives: the first Left-wing radical, and then and socialist way of development, and the second - capitalist. Fight of zemstvoes against councils went with variable success. Sometimes zemstvoes managed to seize local government, however they were not able to hold its more or less long time. Workers, soldiers and even a part of peasants were of the opinion of councils.

the Main reason of crash of territorial self-government in the course revolyu-tsii1917 consisted in its social essence: zemstvoes were born and grew in a bosom of capitalist way, expressed the interests of his representatives during all dofevralsky period, such were they and after reform of Provisional government. It is quite natural that the logic of events operating in the revolution course brought them to the right camp with all that it implies.

K.F. Zagoruyko's
2005.01.006. N.A. YURKEVICH. INSTITUTE of the BRINGING to COURT IN RUSSIA FROM REFORM TO REFORM/Kemer. state. un-t. - Tomsk, 2003. - 102 pages
are traced by

In the work consisting of three chapters the history of development of institute of the legend of the criminal proceedings accused to court in Russia during the period between two epoch-making reforms - adoption of the Charter of criminal proceedings of 1864 and adoption of the Code of Criminal Procedure of the Russian Federation in 2001. The essence, tasks and features of this institute during each concrete period are considered (18641917; 1917-1959; 1959-till present).

Any other institute of law of criminal procedure in Russia was not exposed to such numerous changes. As a result of the analysis of more than centenary period of existence of this institute

the author establishes a variety of the reasons which induced the legislator to address so often a stage of the bringing to court and to make changes to its order. Besides the impact of the most historical process and public changes shaking Russia also such reasons which had "internal" character and followed from the nature of this institute are allocated. It is possible to refer formalistic approach of the subjects which are carrying out the bringing by the defendant to court and, as a result, insufficient efficiency of this activity to their number. Change to approach in a question of the one who has to carry out the bringing to court was other cause. If long enough in criminal procedure science was considered that legal proceedings are the best tool, then the opposite position as it was recognized that activities for the bringing by the defendant to court contradict appointment of court in criminal proceedings prevailed subsequently. One more reason generating formalistic approach in this stage seems that performance still of some other function was assigned to the subject who was carrying out the bringing to court (and it continues to be assigned). So, if the bringing to court was assigned to the prosecutor, then at the same time (it is about the postrevolutionary period) he exercised also supervision of the investigation. When this function was transferred to the judge, subsequently he considered the merits of the case, realizing justice function.

Estimating the existing Code of Criminal Procedure, the author points out some of his defects which also the question of the fate of institute of the bringing of the defendant to court is among. As the Criminal Procedure Code of the Russian Federation refused the term "bringing to court", it can be regarded as liquidation of this institute per se though for similar conclusions there are no bases. Does not raise doubts that the problem of check of validity of charge, existence sufficient for consideration of the case in court of proofs, need and a possibility of "production" of the defendant before court for public consideration of the criminal action incriminated to him remained. Therefore, the author considers, the prosecutor should regard delegation of power according to the bringing to court from judicial authorities as the next reforming of this activity.

the question and of the nature of a stage in the movement of business which was called a stage of the bringing of the defendant to court earlier is represented to

Not less interesting. Today Chapter 33 and 34 regulating criminal procedure activity at this stage are included in Section X "Production in court of first instance" where "The general conditions of judicial proceedings", "A preparatory part of court session", "Judicial investigation" and so forth enter along with heads. Thus, an impression can be made that preparation for judicial proceedings is a component of activity of court of first instance. Especially as authors of the Criminal Procedure Code of the Russian Federation repeatedly emphasized that such structural creation of appropriate sections is not accidental. Judgment of the specified problems, the author notes, will demand entering of corresponding changes into the law, so, the history of institute of the bringing to court is not complete. At the same time experience of the past can appear very useful.

K.F. Zagoruyko's
criminal proceedings - the russian federation judicial reform in russia 1864
Paul Parker
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