Criminal procedure strategy: conflict of the goal

Using the axiomatic, axiological, historical and other methods of scientific research, the author justifies the need to analyze the purpose of criminal proceedings in the context of the priority criminal procedural strategy. In other words, only a comprehensive study of the purpose, goal-setting, acceptable and necessary at this stage of development of criminal procedural strategies, taking into account historical, social, cultural and other specifics of the development of the state and society, will enable us to understand the reason for the inconsistency of the current criminal procedure law, the effect of "sleeping law" and violation in some cases of the rights and freedoms of the individual. Revealing the existing classification of criminal procedural strategies as mechanisms for the legal regulation of social relations, proposed by NG. Stojko, the author, through the prism of the changing criminal procedural law, as well as the expressed legal positions of the judicial authorities, proves that these strategies mostly do not fit in the designation of criminal proceedings, and also are opposed to each other. In particular, the social support of the accused and the social support of the victim were not found in Russian criminal proceedings. In turn, the protection of the rights of the accused as a strategy undergoes restrictions in connection with the need to ensure the rights of another participant in criminal proceedings - the victim. Similarly, the criminal prosecution strategy is inferior to the strategy of rationality and efficiency of criminal proceedings through the introduction of reduced production facilities, as well as "quasi" productions, which contributes to the development of social inequality, including in the area of criminal procedure regulation. The author believes that any changes and innovations will be effective only if the extremely high level of social inequality is reduced (at present this is one of the institutional problems noted in the Concept of Long-Term Social and Economic Development of the Russian Federation for the period up to 2020). Thus, it can be stated that in one way or another the CCP RF reflects the elements of most of the above listed strategies. Moreover, some of them are antagonistic. It seems that in the light of the foregoing, further improvement of the criminal procedure law and adjustment of its application practice should be implemented in such a conceptual direction as a clear identification of the goal-setting in terms of creating a structure of goals, tasks and functions in the field of criminal justice.

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