Problems of legal construction and practice of implementation of the norms of the Code of Criminal Procedure of the Russian Federation on the protection of individual rights in criminal proceedings

Introduction. Investigation of criminal cases is associated with the need to apply measures of criminal procedural coercion. Coercion and restriction of constitutional rights of citizens in varying degrees is inherent in most investigative actions. Recognising the necessity of application of procedural coercion to achieve the goals of criminal proceedings, the need for effective measures of legal control over the legality and validity of the application of law-restricting measures is substantiated.

Materials and methods. The research is based on the analysis of the norms of the Constitution of the Russian Federation, CPC of the Russian Federation, as well as scientific publications on the investigated problem of Russian scientists. The research is carried out in retrospect of formation of procedural guarantees of ensuring human rights and freedoms in the domestic legislation. The comparative legal analysis of domestic and foreign legislation is carried out.

Analysis. The issues of law enforcement related to the means and ways of realization of human rights in criminal proceedings are studied. Each of the components of the mechanism of ensuring individual rights in criminal proceedings, which only in their totality function as a balanced mechanism, is analyzed. Accuracy, logicality, certainty of legislative prescriptions, which allow to adequately implement the legal regulation of relations, are important factors in the effectiveness of criminal procedural activity. The role of prosecutor’s supervision, departmental and judicial control in the implementation by citizens of their rights and legitimate interests in criminal proceedings is revealed.

Results. Problems in the legal regulation of criminal procedural legal relations and the potential risk of violation of human rights, indicate the need for further improvement of the prescriptions of the CPC of the RF, the practice of their application, which must necessarily be associated with the creation of additional mechanisms aimed at ensuring the constitutional rights and legitimate interests of participants in the process.

1. Belkin A. R. Investigative JUDGE or Investigative Judge? Ugolovnoe sudoproizvodstvo = Criminal Justice. 2015;3:6-27.

2. Bogdanova A. V. Procedural guarantees of the rights of victims of crimes at the stage of initiation of a criminal case. Aktual’nye problemy rossijskogo prava = Actual problems of Russian law. 2022;12:191–203.

3. Piyuk A. V. «Investigative Judge» or «Judicial Investigator»: which reform do we need? Ugolovnaja justicija = Criminal Justice. 2014;2(4):24-28.

4. Romanov S. V. Requirement of comprehensiveness, completeness and objectivity of investigation of circumstances of a case as a necessary condition of preliminary investigation. Vestnik Moskovskogo universiteta. Serija 11: Pravo. = Vestnik of Moscow University. Series 11: Law. 2008;1:18-37.

5. Sasykin K. Yu. About necessity of strengthening of constitutional-legal guarantees on access to criminal justice. Aktual’nye problemy rossijskogo prava = Actual problems of the Russian law. 2022;11:132-139.

6. Tarasov A. A. Rational and Irrational in Discussions on the Development of the Russian Criminal Process. Zhurnal rossijskogo prava = Journal of Russian Law. 2023;3:100-112.

7. Khimichev M. V. Judicial investigator and investigative judge as complementary institutions: domestic and foreign experience. Mezhdunarodnoe ugolovnoe pravo i mezhdunarodnaja justicija = International Criminal Law and International Justice. 2022;2:26-29.