THE NEED FOR A DOCTRINE OF JURISDICTION IN CRIMINAL PROCEDURAL SCIENCE (FOR THE POST-SOVIET STATES)

Abstract

The article presents the author's position on the necessity of further comprehensive study of the institution of jurisdiction in criminal proceedings within the framework of a separate field of research—the doctrine of jurisdiction. It substantiates the need to develop a doctrinally grounded concept of jurisdiction and its types, including the identification, as a separate type of jurisdiction, of the jurisdiction applicable during special periods (jurisdiction under martial law or a state of emergency). The author also argues for recognizing the interbranch nature of jurisdiction, characteristic of civil, commercial (arbitrazh), administrative, and criminal proceedings, as well as the possible necessity of unifying the relevant terminology. Furthermore, the article emphasizes the expediency of scientific and practical research into certain controversial issues, including the scope of the concept of the "prohibition of disputes over jurisdiction," the improvement of the existing procedure for transferring cases according to jurisdiction, and the inclusion of a separate chapter entitled "Jurisdiction" in criminal procedural legislation. Discussions of this kind may prove particularly useful among scholars of the post-Soviet states, which previously existed within a common "procedural space."