Legal Encyclopedia. Letter Y

Parties to the proceedings

- That, on the one hand, those persons who are the bearers of the procedural rights and duties, on the other hand, the parties are not persons and organizations only have rights and acts as the carrier of certain responsibilities, but also bodies with authority over the other participants in the process .

To carry out criminal procedural activities within the law of criminal procedure requires that the person and the body responsible for such activities was WW P.

Also, WW VP - these are the subjects that are endowed with certain powers to carry out the criminal purpose

proceedings to protect

legal proceedings or submitted their rights and legitimate interests: the suspect, accused, defense counsel, representatives, and other stakeholders to help in the commission proceedings or certifying commission of such acts.
WW P. lyayut carry out their activities by and within the framework of legal relations, and therefore in different ways involved in the relationship. For example, some actors involved in the legal relationship in the performance of official duties set forth by various regulations. These parties are the court, the investigator, the prosecutor, the investigator. Other actors involved in the criminal process through the implementation of their rights, protecting or representing their interests. Regular involved according to the will of persons carrying out official duties, such are: the suspect, witness, etc. should be made criminal procedure.

activities by participating in the proceedings through the execution of orders related to such defenders.

In the criminal procedure involved various actors: the court, the judge, the prosecutor, the investigating authorities, representatives of the public, stakeholders, persons assisting proceedings, and each of the participating can be characterized from the point of belonging to rights and duties. All WW SP legislator divided into several groups, the name of which, to some extent gives an idea of ​​the content and orientation of the target participants in the proceedings, included in one or another group. The legislator in the Code of Criminal Procedure divides participants in criminal proceedings into the following groups:

1) the court;

2) participants in criminal proceedings for the prosecution;

3) the participants in criminal proceedings for the defense;

4) other participants in criminal proceedings.

Each participant performs its inherent function of which depends on the specific focus of the outcome of the criminal case, as the judgment affects their interests.

For the characteristics of the particular WW GP needs to determine what is the function of each participant. Under the party's function refers to activities,

directed to the desired result for each participant based on the procedural position of the participants. This is meant as a protection of the rights and legitimate interests infringed by the crime and the protection of the charges of committing a crime.

Divide participants in the criminal

Proceedings in performing functions which characterizes the role of the type of criminal proceedings. So, for the inquisitorial process, characterized by the fact that the function of the prosecution and resolution of cases are concentrated in the same hands. For the state, walking on the path of development of the rule of law, it is characterized by the division of the parties involved in the process, depending on the functions they perform, and in which there is an actual separation of the prosecution function from the function of the case.

Criminal Procedure Code of the Russian Federation carried out a division of the participants in the process, depending on the functions they perform - from the prosecution and the defense - and pointed out the special role of the court.

Criminal proceedings in our country based on the principles of equality and competitiveness of the parties, and in this case it is necessary that all participants in the criminal proceedings exercised their powers independently of each other and were directed to an objective consideration of the criminal case.