Methodological Grounds of the Research of the Summon at the Stage of Pre-Trial Investigation and Consequences of the Non-Arrival at it

Abstract

It is stated that many issues of legislative regulation and practice of summoning a person, as well as the usage of the record and the monetary penalty to the persons who ignored the participation in the relevant procedural action, are still debatable and require the definition of their methodological basis. The complex of scientific methods, the usage of which is aimed at determining the essence of such legal categories of the criminal process, as measures for providing criminal proceedings, a challenge, an occasion, and money penalty is outlined. It is established that the methodological principles of the research of the summon at the stage of pre-trial investigation and the consequences of non- arrival at it in the form of the record and the monetary penalty represent a set of modern general scientific and special methods, which operate in criminal proceeding science. They are determined on the basis of the aims and objectives, set in the study, taking into account the specifics of its object and subject and the direction of the research as scientific and practical cognition of such measures for the provision of criminal proceedings as a summon, a record and a monetary penalty, grounds, a procedural order and subjects of their application, comparative legal characteristics with other countries, etc. It is noted that the analyzed methodological approaches, directions and methods of research of an institute of a summon the consequences of non-arrival at it in criminal proceeding are not exhaustive. Some aspects of it, which concern the particular features of the usage of coercion to a person, are considered in detail in sociology, political science, psychology, etc. with the usage of methodological tools of the corresponding branch of science. They are borrowed and somehow adapted according to the tasks of our study.