The procedural status of the defender under the Criminal Procedure Code of Tajik SSR 1961

 
PIIS102694520014041-6-1
DOI10.31857/S102694520014041-6
Publication type Article
Status Published
Authors
Occupation: the 1st year doctoral student of Law faculty
Affiliation: Tajik state University of law, business and politics
Address: Tajikistan,
Journal nameGosudarstvo i pravo
EditionIssue 3
Pages131-136
Abstract

The author examines the procedural rights and obligations of a defense attorney in the pre-trial stage of the criminal process based on the study of the Criminal Procedure Code of Tajik SSR 1961. It is also briefly examined the historical and legal foundations of the adoption of the Criminal Procedure Code of Tajik SSR 1961. The stage of codification of legislation began in the Tajik SSR in the second half of the 20th century. In particular, the codification of the Criminal Procedure Code of Tajik SSR began in 1956. The draft of the second Criminal Procedure Code of Tajik SSR, before its adoption, was improved in four versions during the period 1956 - 1961. The final version was adopted on August 17, 1961, and from November 1, 1961, the law became effective on the territory of the Tajik SSR. The Criminal Procedural Code of Tajik SSR in 1961 was based on the norms of the Criminal Procedural Code of Tajik SSR 1935 and served for almost 50 years on the territory of the Tajik SSR. The article analyzes in detail the main provisions of the Criminal Procedure Code of Tajik SSR 1961, concerning pre-trial proceedings in criminal cases and the status of a defender. Also, a brief content analysis of the norms of the Criminal Procedure Code of the Tajik SSR 1961, which regulates criminal procedural activities in pre-trial proceedings. During the period of its operation, amendments and additions were made to the Criminal Procedure Code of Tajik SSR 1961. Having served firmly in the practice of law enforcement agencies, the Criminal Procedure Code of Tajik SSR 1961 positively regulated the procedural position of the participants in the criminal process, in particular, the criminal procedural status of the defender

KeywordsCriminal Procedure Code of Tajik SSR, preliminary investigations, investigator, prosecutor, rights and duties, defender, codification of legislation, conference
Received07.09.2020
Publication date23.03.2021
Number of characters24268
Cite  
100 rub.
When subscribing to an article or issue, the user can download PDF, evaluate the publication or contact the author. Need to register.

Number of purchasers: 0, views: 595

Readers community rating: votes 0

1. Gavrilov B. Ya. Actual problems of protection of Constitutional rights and freedoms of the individual in pre-trial proceedings. M., 2012. P. 13 (in Russ.).

2. Gaziev M.S. Refusal of the defender in criminal proceedings of Tajikistan: problems of legislation, theory and practice // Izvestiya of Irkutsk state economic. academies. 2014. No. 5. P. 26 (in Russ.).

3. Iskandarov Z. Kh. Constitutional and legal bases for the protection of human and civil rights in the criminal process of the Republic of Tajikistan. Dushanbe, 2008. P. 7 (in Russ.).

4. Inter-Republican scientific conference on the codification of the legislation of the Uzbek SSR, Kazakh SSR, Kyrgyz SSR, Tajik SSR and Turkmen SSR. Tashkent, 1959. P. 9, 14, 20, 27, 38–42 (in Russ.).

5. Mikhailov V.A., Yuldashev R.R., Nozirov N.A., Aripov A.L. Constitutional and legal bases of criminal proceedings. Dushanbe, 2014. P. 220 (in Russ.).

6. Mukhitdinov A.A. Brief history of the adoption of the second Criminal Procedure Code of the Tajik SSR // Herald of the RTSU. Dushanbe, 2018. P. 40 – 46 (in Russ.).

7. Mukhitdinov A.A. The procedural position of the investigator in the criminal process (based on the materials of the Republic of Tajikistan). Dushanbe, 2015. P. 56 - 60 (in Russ.).

8. Rossinsky S.B. Detaining a suspect: a constitutional and intersectoral approach. M., 2019. P. 91 (in Russ.).

9. Khamrokulov R.N. Questions of theory and practice of codification of the criminal legislation of the Union Republic. Dushanbe, 1962 (in Russ.).

Система Orphus

Loading...
Up