Destructive factors of the strategy for the development of criminal procedure legislation in Russia

In typological characterization of domestic criminal procedure, the system of factors, which have a destructive effect on the development of criminal procedure law has been synthesized. They include, in particular, the deideologization and depoliticization of criminal justice, a radical change in the ideological paradigm, the official rejection of the ideas of evolutionary step-by-step changes in the system of means and ways of deterring crime, etc. The justification is given about the need to take into account when reforming the criminal procedure law, the Eurasian ethnic type of the Russian nation, the historical typology of our criminal proceedings, its affiliation to the continental system of law and well-built systems of priorities and goal-setting. The artificially formed hypertrophy of adversarial principles is criticized as the "main foundation" of the reform of criminal procedure legislation and the same procedure. The historical dominance in the Russian criminal procedure of the beginning of publicity as the basis for criminal prosecution of the perpetrators of illegal acts and the fulfilment of correctly set tasks criminal procedure is shown. It is with the prosecutor, interrogator, investigator and judge (court) the citizens involved in criminal proceedings come in contact with. Sociological surveys show consistently low ratings of the listed representatives of the state. In many ways, in this situation, we owe to the "work" of the named destructive components, still «not duly appreciated" by persons involved in the strategy's formation for the development of Criminal Justice of Russia. We share the opinion that to be effective, the state legal system must be rigidly oriented to the ethnic type underlying all areas of social life. We should bear it in mind that the special, Eurasian type of mentality of the Russian population is qualitatively different from its Western counterpart, because of the impact on its formation of such factors as (a) geography; b) religion; (c) the relationship between the state and the individual; d) the role of law in society. In Russia at all times criminal-procedural theory and practice were characterized by originality, distinctness, they absorbed the national, religious and cultural traditions of the social organization and state structure of the country. In this regard, in our opinion, it is necessary not only not to forget, but, on the contrary, to study carefully and to use our national legislative and doctrinal developments for the benefit of the Russian justice.

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