Specific Features of Passing Auxiliary (Interim) Judgements in the Criminal Process
The procedure of passing a judgement in the Russian criminal process is characterized by common features typical of any criminal procedure judgement, but at the same time there are some differentiating features based on a number of criteria, and different types of court judgements have their own specific characteristics. The goal of this research, conducted with the use of formal legal, comparative legal and sociological methods of cognition, is to identify the specific characteristics of passing interim, auxiliary judgements in the criminal court. It is established that, unlike the model for passing main (final) judgements, the model of passing auxiliary (interim) judgements is used consistently in any court proceedings. The article presents a detailed analysis of this model, its specific procedural characteristics are singled out. The author pays special attention to the oral (protocol) form of passing interim judgements, analyzes its stages and identifies practical problems connected with the choice and use of this form. It is suggested that the main problem - ensuring good grounds and motivation for oral judgements - should be solved by introducing necessary amendments to the procedural law and developing methodological recommendations for judges on the criteria for choosing between oral and written forms of court judgements.