Obvious delay by the accused in familiarizing himself with the materials of the criminal case as a natural result of the accused's abuse of his rights during the investigation.

Vladislav Zaycev

UDC

343.1

OBVIOUS DELAY BY THE ACCUSED IN FAMILIARIZING HIMSELF WITH THE MATERIALS OF THE CRIMINAL CASE AS A NATURAL RESULT OF THE ACCUSED'S ABUSE OF HIS RIGHTS DURING THE INVESTIGATION. Obvious delay by the accused in familiarizing himself with the materials of the criminal case as a natural result of the accused's abuse of his rights during the investigation.

АА Аа

Published in Vestnik of the East Siberian institute of the Ministry of internal affairs of the Russian Federation · Pages 126–139 · Rubric: Criminal law sciences

Received: 06.12.2024 Accepted: 27.06.2025 Published: 01.07.2025

Authors

Vladislav Zaycev

Russian Federation

ABSTRACT

Introduction. The article examines issues related to the abuse of the accused's right to familiarize himself with the materials of the criminal case at the stage of preliminary investigation. The author provides justification for his own point of view regarding the list of signs of abuse of the accused's right to familiarize himself with the materials of the criminal case as a phenomenon of the modern criminal procedural reality. Abuse by the accused of the right to familiarize himself with the materials of the criminal case is associated not with the content of this right, but primarily with the mechanism for its implementation. In the article, the author conducts a study regarding the relationship between the behavior of the accused during the investigation of a criminal case and his obvious delay in familiarizing himself with the materials of the criminal case at the stage of completion of the preliminary investigation. Materials and methods: The methodological basis of the study is formed by the dialectical method, which allowed for a comprehensive and objective consideration of the criteria for abuse of the accused's right to familiarize themselves with the materials of a criminal case as a phenomenon of the modern criminal procedural reality. In preparing the work, private scientific methods were also used, including the formal-logical method (which allowed for an analogy to be drawn between the abuse of the accused's right to familiarize themselves with the materials of a criminal case and obstruction of the investigation of a criminal case), the method of legal-technical analysis, as a result of which proposals were formulated for improving the norms of criminal procedural law governing the procedural order of familiarization of the accused with the materials of a criminal case, the author conducted a survey of persons in custody, students of various universities, investigators of the Ministry of Internal Affairs of Russia from 21 regions of the Russian Federation in order to establish the dependence of the behavior of the accused during the preliminary investigation of a criminal case and behavior at the stage of its completion. Results of the study: A reasonable conclusion has been made that the activity of abusing the accused's right to familiarize themselves with the materials of the criminal case both at the stage of the investigation of the criminal case and at the stage of its completion has goals that are not related to the purpose of this subjective right and therefore is a phenomenon of the criminal procedural reality of our time. There is a stable relationship between the abuse of rights by the accused during the preliminary investigation of the criminal case and at the stage of its completion. The author conducted a study, during which a hypothesis was put forward about the possibility of assuming an obvious delay in familiarizing oneself with the materials of the criminal case from the moment of initiation of the criminal case. Keywords: criminal procedure, familiarization of the accused with the materials of the criminal case, investigator.

KEYWORDS

criminal procedure, familiarization of the accused with the materials of the criminal case, investigator.

1. Andreeva, O. I. Zloupotreblenie sub"ektivnym pravom v ugolovnom processe: problemy pravovogo regulirovaniya. [Abuse of subjective law in criminal proceedings: problems of legal regulation]. Vestnik Samarskogo yuridicheskogo instituta – Vestnik of the Samara Law Institute. 2015, no. 2 (16), pp. 9–13.

2. Baev, O. Ya. Zloupotreblenie pravom kak ugolovno-processual'naya kategoriya ["Abuse of law" as a criminal procedural category]. Vestnik VGU. Seriya "Pravo" – Vestnik of the VSU. The Pravo series. 2013, no. 2, pp. 336–349.

3. Darovskikh, O. I. Zloupotreblenie pravom v ugolovnom sudoproizvodstve Rossii avtoreferat dissertacii kandidata yuridicheskih nauk [Abuse of law in criminal proceedings in Russia]. Chelyabinsk, 2013, 25 p.

4. Andreeva, O. I. Nekotorye aspekty voprosa o predelah svobody povedeniya lichnosti v rossijskom ugolovnom processe [Some aspects of the issue of the limits of freedom of individual behavior in the Russian criminal process]. Vestnik Tomskogo gosudarstvennogo universiteta - Vestnik of Tomsk State University 2006, no. 292,pp. 54-56.

5. Zheleva, O. V. Ponyatie i priznaki zloupotrebleniya pravom v ugolovnom sudoproizvodstve [The concept and signs of abuse of law in criminal proceedings]. Vestnik Tomskogo gosudarstvennogo universiteta - Vestnik of Tomsk State University. 2015, no. 396, pp. 116–121.

6. Trubnikova, T. V. Zloupotreblenie pravom v ugolovnom processe: kriterii i predely vmeshatel'stva so storony gosudarstva [Abuse of law in criminal proceedings: criteria and limits of state intervention]. Vestnik Tomskogo gosudarstvennogo universiteta. Pr avo -Vestnik of Tomsk State University. The right. 2015, no. 3(17), pp. 65-78.

7. Yudin, A. V. Zloupotreblenie processual'nymi pravami v grazhdanskom i ugolovnom sudoproizvodstve [Abuse of procedural rights in civil and criminal proceedings: an interdisciplinary analysis]. LEX RUSSICA. Nauchnye trudy MGYuA. – LEX RUSSICA. Scientific papers of the Moscow State Law Institute. 2006, no. 5, pp. 976-987.

8. Kruss, V. I. Konstituciya i zloupotreblenie pravom: sovremennyj kontekst [Constitution and abuse of law: a modern context]. Vestnik Tverskogo gosudarstvennogo universiteta. Seriya "Pravo" - Vestnik of Tver State University. The Pravo series. 2009, no. 15, pp. 67-75.

9. Romanov, S. V. Pravo podozrevaemogo i obvinyaemogo na zashchitu: predely osushchestvleniya, vozmozhnost' i posledstviya zloupotrebleniya [The right of the suspect and the accused to protection: limits of implementation, possibility and consequences of abuse]. Vestnik Moskovskogo universiteta Seriya 11. Pravo – Vestnik of Moscow University Series 11. Right. 2008, no. 4, pp. 26-32.10. Kalinkina, L. D. K voprosu o roli zloupotrebleniya pravami i ih nedobrosovestnom ispol'zovanii v ugolovnom sudoproizvodstve [On the role of abuse of rights and their unfair use in criminal proceedings]. Advokat – Advocate. 2010, no. 4, pp. 5-9.

10. Kalinkina L.D. K voprosu o roli zloupotrebleniya pravami i ih nedobrosovestnom ispol'zovanii v ugolovnom sudoproizvodstve // Advokat. 2010. № 4. S. 5–9

11. Smirnova, I. S. Dosudebnoe proizvodstvo po slozhnomu ugolovnomu delu avtoreferat dissertacii kandidata yuridicheskih nauk. [Pre-trial proceedings in a complex criminal case]. Chelyabinsk, 2013, 24 p.

12. Belkin, R. S. Protivodejstvie rassledovaniyu i puti ego preodoleniya kriminalisticheskimi i operativno-rozysknymi sredstvami i metodami [Counteraction to the investigation and ways to overcome it by criminalistic and operational -investigative means and methods]. Moscow, 1997, 990 p.

JATS XML

Chief Editor

Olga Avdeeva

Assistant editor

Anatoliy A. Tirskih

GOST

Zaycev V. N. Obvious delay by the accused in familiarizing himself with the materials of the criminal case as a natural result of the accused's abuse of his rights during the investigation. // . 2024. pp. 126-139. (Date of access 19.08.2026).

MLA

Vladislav Zaycev. "Obvious delay by the accused in familiarizing himself with the materials of the criminal case as a natural result of the accused's abuse of his rights during the investigation.." (2024): 126-139.

APA

Zaycev V. N. (2024). Obvious delay by the accused in familiarizing himself with the materials of the criminal case as a natural result of the accused's abuse of his rights during the investigation.. , 126-139.

Chicago

WIKI

{{cite journal | author = Zaycev V. N. | title = Obvious delay by the accused in familiarizing himself with the materials of the criminal case as a natural result of the accused's abuse of his rights during the investigation. | journal = | year = 2024 | pages = 126-139 }}

Copy

Export: BibTeX EndNote RefMan RusMARC

Confirmation