Some problems of the implementation of the fundamental principles of criminal proceedings when applying a special procedure for making a court decision, provided for in ch. 40.1 of the criminal procedure code of the Russian Federation

Abstract

Differentiation of the criminal procedural form cannot be a reason for reducing the level of guarantee of the rights and legitimate interests of persons involved in the orbit of criminal proceedings, which is one of the international standards for simplifying (accelerating) criminal proceedings. The foregoing fully applies to the procedure for considering a criminal case by a court if there is an agreement on cooperation. According to the author, in this case, the limits of the reduction of the stage of the trial should be analyzed in the context of the implementation of the formative principles of the criminal process, the presence of discretionary judicial powers to switch to the general procedure for considering a criminal case when clarifying the absence of legal grounds and conditions for applying the provisions of Ch. 40.1 of the Criminal Procedure Code of the Russian Federation. The article provides a brief analysis of the peculiarities of the implementation of the basic principles of criminal proceedings in the context of the reduction of the procedural order of court proceedings. The author comes to the conclusion that all the system-forming basic principles are fully implemented when a decision is made in a special procedure of court proceedings provided for in Chapter. 40.1 of the Criminal Procedure Code of the Russian Federation.