On the list of general conditions of judicial proceedings in the Russian criminal process

Guided by his understanding of the typological properties of the Russian criminal process, the author analyses the list of general conditions of judicial proceedings under the current Code of Criminal Procedure of the Russian Federation. The analysis justifies the need to deduce general rules on adversariality of the parties from the principles of the whole criminal process and to fix them as the general conditions for the trial in the relevant chapter of the aforesaid Code. When addressing the procedural regulation of such conditions as immediacy and oral nature, it is noted that each of them fulfills its own role in the trial, so the author concludes that each of these conditions occupies an independent place in the list of general conditions of the judicial proceedings and must be formulated more fully and precisely in a separate article. Evaluating the requirement for the compulsory written record of the court session, listed among other other general conditions of judicial proceedings, the author underlines that this requirement means the fulfillment of the condition of the writing opposite to the condition of oral nature. Guided by the content of the protocols of higher courts acting as verification courts, this requirement cannot but limit the fulfillment of both the oral nature and immediacy conditions during the trial in the court of original jurisdiction; therefore the author proposes to exclude it from the list of general conditions of the judicial proceedings.

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