Substantive bases of the system of summary procedures in the criminal procedure of the Russian Federation

The paper studies the leading trend in the development of the domestic criminal procedure - the tendency of its differentiation in the form of simplification. The author considers the system of summary procedures characteristic for the Russian criminal procedure, indicating that it is formed by: the «normal» version of the special order of the trial provided by Ch. 40 of the Criminal Procedure Code of the Russian Federation; a special order at the conclusion of the pre-trial agreement on cooperation enshrined in Ch. 40.1 of the Criminal Procedure Code of the Russian Federation; the simplified procedure introduced by Ch. 32.1 of the Criminal Procedure Code; proceedings in criminal cases of private prosecution. The direct object of investigation are substantive bases of the system of summary procedure, which are substantive rules designed to be use in the simplified procedures analysed. In this paper, the author consistently considers substantive bases of each of the procedures, and gives their generalized description, coming to a conclusion that they can not be considered sufficiently defined and developed. At the same time, the greatest number of questions refers to the domestic system of procedures based on the special order of the trial prescribed by Ch. 40 of the Criminal Procedure Code of the Russian Federation, because it lacks a clearly defined criminal legal basis that objectively requires the specificity of the criminal procedure form. In addition, the existing criminal legal basis is essentially limited by the requirements of the criminal procedure. Basing on the above, the author makes general conclusions about the basic phenomena that determine the specificity of the criminal procedural form of summary procedure inherent in the criminal practice in Russia. The phenomena are not the objective properties of criminal cases, where the modified procedural forms are applied, but the tasks lawmakers put before the criminal procedure: - faster and cheaper criminal proceedings; - easier access to justice for the suspect, the accused, and the victim; - peaceful resolution of the social conflict (for the special order of the trial in the forms provided by Ch. 40 and Art. 226.9 of the Criminal Procedure Code of the Russian Federation); - for the special order of the trial at the conclusion of the pre-trial cooperation agreement it is also the fight against organized crime. The author also made the final conclusion about the ever-increasing reverse influence of differentiation of the criminal procedure on the differentiation of criminal law.

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