The purpose of this study is to identify problems arising in the process of realizing the functions of prosecution and defense in criminal proceedings of the Russian Federation. The author analyzes the concept of "adversarial nature". A direct relationship is established between the adversarial principle and the positions of prosecution and defense. The necessity of comprehensive improvement of the existing criminal procedure legislation is shown by creating an effective mechanism to protect the rights and interests of individuals and legal entities that suffered from illegal actions, as well as protecting a person from unlawful and unsubstantiated accusations, infringing his rights and freedoms. In a positive way, the similar experience of foreign countries is being investigated. Among the main findings outlined in this article, the following points are worth emphasizing: in the field of criminal justice, provisions of the Criminal Procedure Code and international regulatory legal acts should be provided in relation to the presentation of the initial charge in order to eliminate the negative consequences not only for the outcome of specific criminal cases, but also for law enforcement in the preliminary investigation process in general; the solution of the task of expanding the adversarial principle at the preliminary investigation stage should be based on the legislative abolition of the unilateral procedure for introducing the facts to the materials of the criminal case presented by the defense; a clear legal status of the parties of the defense and prosecution, provided by the law and the mechanism for its execution, takes criminal procedural relations to a new qualitative level, which positively affects the reputation of the social state.
The article presents the results of a comparative legal analysis of the institute of pre-trial cooperation agreements in the criminal procedure legislation of foreign states. It is concluded that the specifics of the conclusion of this agreement and its subsequent implementation depend on the type of legal system and the nature of national criminal procedure legislation of each country. By its nature, the Russian institute of pre-trial cooperation agreement is similar to a number of conciliation procedures of the continental legal system, but it has distinctive features due to the peculiarities of domestic legislation.
Juvenile delinquency is one of the most difficult problems of modern society. These persons, being socially active, perceive both positive and negative features of not only peers, but also older persons. Cases when from an early age a person is in a dysfunctional family environment, because the socio-negative factors affecting him are magnified. Every crime committed by a person under the age of 18 has many causes from a criminological point of view. However, a key role is given to the family, since the negative impact on the character and behavior is carried out from the earliest childhood. Among the negative factors that directly affect the commission of a crime by a minor, we can primarily include the general family atmosphere, if it has a destructive effect on the psyche of the child. This is manifested in the illegal behavior of adults, lack of spiritual family values, unhealthy psychological climate in the family. Family problems create a number of conditions that contribute to the formation of the personality of the juvenile offender. These include: living of a minor in unsanitary conditions; lack of sufficient living space for education and life; insufficient family income, which negatively affects the place of a minor in the society of peers; examples of negative behavior of adult family members (offenses, alcoholism, drug addiction); incorrect relationship between parents and child; the use of violence against minors as an educational measure. Therefore, timely and accurate diagnosis of micro-social causes that form the personality of a juvenile offender and the development of comprehensive preventive measures are required.
This article discusses the role of the Russian court in accusatory criminal proceedings. At the legislative and practical levels, there is uncertainty about the degree of judicial activity in relation to the question of evidence. The theoretical model of the accusatory system assumes that there is minimal judicial intervention in the investigative proceedings of the parties. The latter must act and defend their position in the criminal case. The court is supposed to have a passive stance. The methodological basis of this study is composed of general scientific and legal methods such as dialectical, historical, systematic, comparative legal, formal-logical methods, etc. Most countries that practice an accusatory model of criminal justice grant the court a certain level of action that allows it to participate fully in the evidence during trials. By way of conclusion, it is suggested to improve the capabilities of the Russian court to actively investigate the evidence, as well as to offer new forms of defense to the parties.
The authors submit to a detailed analysis the historical milestones of the origin and formation of the institution of departmental procedural control in criminal proceedings in Russia. Taking the generally accepted classification as the basis for constructing a preliminary investigation and highlighting seven periods of the formation of the institution of departmental procedural control, the principles for establishing a particular institutional model of a concrete historical period are reflected. As the main method in the process of writing this article, the general systemic method of cognition was used, which made it possible to comprehensively consider and analyze the process of origin and formation of the institution of departmental procedural control in pre-trial criminal proceedings in Russia. In addition, the authors argue that the institution of departmental procedural control of judicial control in the Russian Federation is quite young and its mechanisms need in-depth study. It is concluded that, through the analysis of statistical data, law enforcement practice, as well as the opinions and developments of scientists-processes, made it possible to identify the optimal ways to solve existing problems and directions for improving criminal procedure legislation.
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