TASKS OF THE INITIAL STAGE OF PROCEEDINGS AND METHODS OF ITS IMPLEMENTATION

Abstract

The article formulates the task of the initial stage of the trial, in which the judge must predict the developmentof the court situation and choose options for their actions that can ensure the optimal course of clarifying the circumstancesestablished during the pre-trial proceedings and verifying them with evidence. In assessing the situation at the endof the investigation and reflected in the indictment, the judge lays the foundation for the trial program.Due to the fact that the court does not currently have the materials of the criminal proceedings, there is a lackof information necessary for the effective organization of its activities, and the associated difficulty of preparation forthe trial, ensuring its continuity and efficiency. Emphasis is placed on the importance of developing recommendationswithin the basic judicial methodic that would help to optimize the trial of criminal cases from the moment a judgereceives an indictment. Methods of overcoming the negative impact of the factor of information uncertainty onthe implementation by the court of the tasks of the preparatory proceedings, algorithms of actions and decisionsof the chairman to ensure compliance with the statutory deadline for the appointment of the case for consideration.It is emphasized that judges should require the professional representatives of the parties to adhere unconditionallyto the agreed schedule of proceedings, to be persistent in informing them that it can be changed only by the presidingjudge, and not by the parties or other courts of any instance.As a result of the study, the author concludes that the use of the approaches proposed in the article to studythe indictment, pretrial report, other documents provided to the court by participants in criminal proceedings, analysisof their behavior during the preparatory hearing, as well as the nature of their motions and results their discussionwill allow the court to obtain indicative information needed to predict the tactics of the parties, the situationsof the trial and optimize its organization.