Ikiteisminio tyrimo procesinės kontrolės teoriniai diskusiniai aspektai.

Abstract

This article discusses the origin of the procedural control, analyses internal and external forms of procedural control of pre-trial investigation. Procedural control, as one of the aspects of the criminal procedure, is composed of separate actions of the participants of the criminal procedure and their decisions aimed at the relevant realization of the procedural guarantees and procedural forms. It is presumed that the aggregate of such actions and decisions comprises one of the elements of the contents of the function of the procedural control. Another element of this function is a participant of the criminal procedure or, in other words, one of the subjects of procedural legal relation, who is able to execute a certain procedural action or is authorized to take a certain decision related to inadequate execution of the duty of the other subject of the procedural legal relation. These elements of the contents of the procedural control start to function only when one of the participants of the procedural relation, according to the opinion of the other participant of the procedural relation, fails to fulfill a certain duty or, in case he does – fulfills it inadequately...