On establishing the fact of the abuse of right in criminal procedure requires improvement

The paper focuses on the inequitable conduct of the participants in the criminal proceedings, which infringes the rights and legitimate interests of other participants and harms the society and state on the whole. The author analyses the problematic issues of the procedure for establishing the fact of abuse of right in the actions (inaction) of the participants in the process. Modern criminal procedure law does not contain a developed mechanism for establishing the fact of inequitable conduct, though some proposals were made on the procedure for establishing the abuse of right at the stage of preliminary investigation. Supporting these proposals in general, the author develops an algorithm for the actions of officials in the judicial stages of the process.

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