General Description of the Institute of Jurisdiction and Methodological Issues of its Legal Regulation in the RA Criminal Procedure
DOI:
https://doi.org/10.46991/BYSU:C/2021.12.1.052Keywords:
Jurisdiction, competence of the court, court established by law, criminal procedure codeAbstract
One of the most important and problematic issues of the theory and practice of criminal procedure –the methodological issues of legal regulation of the institute of jurisdiction, are discussed in the article presented. Jurisdiction, being one of the criteria for determining “a court established by law,” is not properly regulated by the RA Code of Criminal Procedure. On one hand, the concept of jurisdiction corresponds to the concept of the competences of the court, in the other case refers to the legal definition of the court, and as a result leads to methodological problems. Based on the foregoing, the author discussed the essence of each of the concepts of jurisdiction and competence, their interrelation and delimitation, and suggested proposals to resolve highlighted issues in the RA Criminal Procedure Code.
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