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Criminal Procedural Law Objectives and Challenges in Implementation Whereof in Modern Russia



N.N. Zhilsky
I.I. Ivanov
O.N. Novitskaya
zilskiy@yandex.ru
ivanov_ivan70@mail.ru
Eger 151 @ yandex.ru
Head of the Department of Legal Regulation of Urban Planning and Transport, Saint-Petersburg State University of Architecture and Civil Engineering, Doctor of Law, Professor
Professor of the Department of Legal Regulation of Urban Planning and Transport, Saint-Petersburg State University of Architecture and Civil Engineering, Doctor of Law, Professor
Deputy Head of the Department of Constitutional and International Law, Saint-Petersburg University of the Ministry of Internal Affairs of the Russian Federation, PhD in Law, Associate Professor
St. Petersburg
St. Petersburg
St. Petersburg

Keywords:

  • instability of modern criminal procedure legislation
  • the procedure of criminal proceedings
  • cancellation of the stage of initiation of criminal proceedings
  • compensation for harm to victims of crimes
  • implementation in criminal and criminal procedure law of the provisions of the Constitution of the Russian Federation on equality of every person before the law and the courts
  • The development of domestic criminal procedure law nowadays reveals negative trends dealing with the creation by legislative authorities of a separate criminal process for officials and separate procedural guarantees for entrepreneurs, that is leading to the revival of an estate court in modern Russia, which is a relic of the past and violates the constitutional principle of equality of every person before the law and the courts.
    Based on the study of scientific views of specialists and the analysis of judicial and investigative practice on related matters dealing with the formation of criminal procedural law institutions, the authors justify their viewpoint that a relevant issue of the criminal procedural law of today is the inability of its norms to ensure the realization of the legal right of every citizen of the Russian Federation to judicial protection from criminal encroachments and timely compensation for damage caused by a crime.
    The authors propose ways to optimize criminal and criminal procedure legislation aimed at the genuine implementation of the provisions of Article 19 of the Constitution of the Russian Federation.

    188300 Russia, Leningrad region, Gatchina, st. Roshchinskaya, 5