RUSSIAN CRIMINAL PROCEEDINGS: PROCEDURAL FORM VS RULESOF PROCEDURAL RECORD KEEPING

Abstract

The article examines the law-making trends associated with the strengthening of the formalization of criminal procedure law and expressed in the content of the Criminal Procedure Code of the Russian Federation with purely technical and technological rules that determine not so much the high purpose of the criminal procedure form, but the procedure for judicial, prosecutor's and investigative paperwork and document management.

The article explores the reasons for the emergence of such trends, which are associated with two objective factors inherent in the formation of the early Soviet criminal justice system in the 1920s. In addition, an attempt is made to identify the reasons that led to a sharp increase in the considered trends at the turn of the XX-XXI centuries and their reflection in the text of the current Criminal Procedure Code.

In this regard, it is hoped that this shortcoming in the national law-making policy will be eliminated as soon as possible and that the rules of criminal procedure paperwork will be gradually excluded from the scope of legislative regulation. It is noted that the form of criminal procedure that follows from the Federal Law, which is predetermined by proper legal guarantees of the quality of the intended results, cannot be identified with the rules of criminal procedure record-keeping and document management.