Problems and Prospects of Reforming the Russian Criminal Procedure Legislation

Abstract

The countdown of modern judicial reform in Russia has been conducted since the adoption by the Supreme Soviet of the RSFSR the Decree "On the Concept of judicial reform in the RSFSR" (The resolution of the SC of the RSFSR, 1991). However, the duration of the ongoing reforms has not led to the resolution of problems in regulation of criminal procedure. Established in the RF CCP of 2001 dualistic model of criminal procedure is constantly adjusting, while introduced in the criminal procedure law changes don't improve it, but rather mislead the law enforcer. Fundamental to the criminal procedure reform, in our opinion, is the question of the definition of the essence of criminal procedure, depending on the solution on want it is necessary to build logic of transformations. It seems that we should return to the original understanding of criminal justice as a system of guarantees of the rights and freedoms of the individual, in respect of which a criminal prosecution, and on the basis of this approach to design as a separate institutes of criminal procedure, and in General of the Russian criminal procedural form. It seems that we should return to the original understanding of criminal procedure as a system of guarantees of the rights and freedoms of the individual, in respect of which a criminal prosecution, and on the basis of this approach to design a separate institutes of criminal procedure, and in general the Russian criminal procedural form.

DOI: 10.5901/mjss.2015.v6n3p306