Vital problems of criminal proceedings

Nowadays there existsan objective necessity of principal reforming of criminal proceeding legislature. Its last changes were disordered, contradictory;today they do not correspond to the fundamental statements elaborated later. Besides, some great changes in political, social and economicallife of our country occur. In this regard, the role of law as a science is growing essentially in modern society. One of the mosttopical problems of the Russian criminal procedure is the absence of a uniform position of scientists on the question of its character:adversary or mixed. In the opinion of the author, mistakes in definition of the criminal proceeding necessary for Russia caused contrarietyof the existing Criminal Procedure Code of the Russian Federation, because its authors tried to combine contradictory actions: tobuild the English-American type of adversary proceeding, thereat preserving the investigative pre-trial procedure. The problem of theparticipants of criminal proceeding, their classification and functions is one of the most important issues for criminal proceeding. Theclassification of participants of the criminal procedure into four groups, as provided in Part 2 of the Criminal Procedure Code of theRussian Federation, seems groundless; it does not correspond to the requirements of criminal procedure action. On the basis of the conceptionof the mixed type of proceeding (investigative in its pre-trial part), it is necessary to solve evidence problems. In particular, onlythose officials and bodies, who deal with a particular criminal case, relate to the subjects of collecting the evidence. Besides, the notionprejudgement, given in Article 90 of the Criminal Procedure Code of the Russian Federation is disputable enough. The fact that circumstancesdetermined with effective decisions on civil, administrative and criminal cases should not have prejudicial character is evident.The problem of differentiation of criminal proceeding should be affected. Preliminary investigation does not differ from pre-trialinvestigation. Meanwhile, investigation of minor offences should be exercised in shortest periods. The author proposes to restore theprotocolary pre-trial procedure in the Criminal Procedure Code of the Russian Federation. One of the most important directions of scientificresearches nowadays is the sphere of criminal procedure, which also includes criminal procedure action. In this article the authordiscusses only some problems of criminal procedure. It is proposed to pay special attention to such questions as sphere of criminalprocedure, principles of continuity and directness of criminal procedure, periods of investigation and solution of criminal cases. Itseems that specialists of different branches of law should examine and elaborate recommendations for its solution. If it does not happen,criminal procedure experts cannot avoid this question.

Keywords

Authors

References