THE JUDICIAL CONTROL OVER LEGALITY AND VALIDITY DISCHARGES FROM A POST
The analysis of norms of the federal legislation, departmental standard legal certificates, the legal literature allow to draw a conclusion on absence of the accurate and detailed mechanism of time discharge accused or the suspect from a post in criminal legal proceedings of Russia. The author comes to a conclusion that in the general order consideration of petitions for time discharge from a post of the suspected or accused should be considered in judicial session by rules состязательного process. The special order of discharge suspected or accused from a post demands fastening in УПК the Russian Federation a duty of consideration of representation of the General public prosecutor of the Russian Federation about discharge from a post Judicial Board of the Supreme Court of the Russian Federation.