Current trends of development of the Russian criminal legal proceedings
Development of modern Russian criminal legal proceedings goes on the way of increase in level of procedural guarantees of the persons involved in the sphere of criminal legal proceedings, balancing of opportunities of the parties and improvement of quality of justice on criminal cases in general. However the purpose of reforms is not overcoming a so-called "accusatory bias of court", but increase in degree of security of participants of criminal legal proceedings. The position that need of reforming of production on criminal cases is caused by indecently small number of verdicts of not guilty, poor quality of justice doesn't maintain any criticism. The number of verdicts of not guilty in itself in the conditions of modern Russian criminal trial isn't a significant indicator which is the indicator of competitiveness and justice of justice. Accounting of these indicators out of the system analysis of quantity and a type of the passed final judgments, can't give any objective picture. Introduction since January 1, 2013 to the appeal on all criminal cases which became the main judicial and test instance became a serious step on the way of formation of appropriate procedural tools for ensuring the rights and freedoms of participants of criminal legal proceedings and also public interests. In recent years the relation of society, the legislator and law enforcement official to measures of restraint has changed: the mechanism of application of detention becomes tougher, the system of alternative measures of restraint develops. Unreasonable use of surrender as proofs of guilt of the person was the major criminal procedure problem which has been resolved at the law-enforcement level. It is necessary to refer to number of essentially significant positive changes of criminal legal proceedings also expansion of opportunities of consideration of criminal cases about participation of jurors: the number of jurors has been reduced, jurisdiction of criminal cases to court with participation of jurors is expanded, the jury has begun to operate on the level of district courts that is unconditional, has made this form of implementation of justice more available to citizens, has brought closer justice to the people. One of the perspective directions of reforming of the modern criminal procedure legislation should recognize change of a procedural order of permission of questions of parole. Improvement of the procedure of pre-judicial production for balancing of opportunities of the party of protection with the party of charge, strengthening of elements of competitiveness, increase in extent of judicial protection of the persons involved in criminal legal proceedings raises on the agenda a question of more active role of court at pre-judicial stages of criminal legal proceedings and introduction of institute of investigative judges.
Keywords
уголовное судопроизводство, обвинительный уклон, состязательность, суд присяжных, следственные судьи, criminal legal proceedings, accusatory bias, competitiveness, jury, investigative judgesAuthors
| Name | Organization | |
| Davydov Vladimir A. | Russian state University of justice | upp@rsuj.ru |
| Kachalova Oksana V. | Russian state University of justice | Oksana_kachalova@mail.ru |
References
Current trends of development of the Russian criminal legal proceedings | Tomsk State University Journal of Law. 2018. № 29. DOI: 10.17223/22253513/29/6