Tendencies of development of Russian criminal procedure legislation

The Criminal Procedure Code of the Russian Federation (CPC) passed in 2001 has undergone seriouschanges. The analysis of the content of amendments shows tendencies of different orientation. A positive tendency of development ofthe Code is the differentiation of the position of the public prosecutor and the inspector at the stage of preliminary investigation.Specification of separate positions, improvement of edition of statement of some articles have positively affected the Code.Differentiation of verifying judicial manufactures is also a positive tendency. However, tendencies of negative character are alsorevealed. Deviations from the publicity principle supposed by new laws can have negative results. Strengthening of the disposition in thebeginning will break appropriate communication between criminal trial and criminal law, which will weaken guarantees of correctapplication of the criminal law. It is capable to affect negatively the tendency outlined in new laws of simplification of process of proof.Development of the given tendency can considerably lower the guarantees of establishment of truth and, as consequence, will createdanger of illegal sentences. Criminal trial differentiation procedures by the CPC became difficult for understanding, which affects itsapplication adversely. Excessive differentiation can lead to decay of the method of criminal procedure regulation, which will decreasethe quality of criminal procedure activity. The negative changes in the CPC break the conceptual basis of the Code, therefore, theyshould be eliminated. These facts prove the idea that in the present condition the Criminal Procedure Code of Russia has lost theconceptual basis. There is an impression that the CPC represents different codes. As a result of the numerous features of the CPC thecriminal trial has two types of procedure: 1) with the subject inherent in criminal trial (directed at the application of norms of criminallaw); 2) with the subject alien for criminal trial (directed at the realization of other rules of substantive law). Different subjects haveinevitably entailed a necessity to apply different methods of regulation. And the legislator recognizes it. So, judicial control overpreliminary investigation is regulated by a method much softer than the method of criminal procedure regulation. The same can be notedin the rehabilitation sphere. The tendency of application of a softer method of regulation of investigation and proceeding of crimes ofeconomic character (despite the fact that norms of criminal law are applied here) is planned. Therefore, P. Krasheninnikov's statementthat the Criminal Procedure Code of Russia (as well as the Criminal Code) has turned into the code of laws, which are not codified andincorporated, but compiled mechanically causes satisfaction. In this connection there is a necessity to create a new code, preliminaryhaving developed its conceptual basis [4, p. 9]. It is represented that the necessity of such work is obvious now.

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