Масленникова Л.Н. УПК РФ и перспективы развития уголовного судопроизводства в России

Аннотация: The article is devoted to P.A.Lupinskaya’s memory with whom the author together worked in a working group on preparation new Criminal Procedure Code of Russian Federation and to monitoring of its enactment. In the article it is underlined that by preparation new Criminal Procedure Code members of a working group was guided by the aspiration to create such system of criminal justice in which the court might respect the person’s rights. However established Criminal Procedure Code some progressive institutes and norms are not put into practice or applied not to the full; the established procedures are substituted for the technologies which have been not based on Criminal Procedure Code, procedural decisions are rendered without the sufficient bases on that. In the article it is noticed that the quantity of federal laws by which changes are made promptly increases, and the majority of additions in Criminal Procedure Code (more than 50) have been accepted without preliminary expert examination, are not verified from the point of view of a science and practice. Some of these laws are regarded as the system errors which are not corresponding to positions of international legal obligations. In the article it is noticed that prospects of development of the criminal trial are caused by prospects of development of the Russian state. Criminal trial modernisation should be directed on creation of optimum national model of effective investigation and proceeding, allowing not to admit or correct the procedural errors, corresponding to a modern level of development of society.

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Abstract: The article is devoted to P.A.Lupinskaya’s memory with whom the author together worked in a working group on preparation new Criminal Procedure Code of Russian Federation and to monitoring of its enactment. In the article it is underlined that by preparation new Criminal Procedure Code members of a working group was guided by the aspiration to create such system of criminal justice in which the court might respect the person’s rights. However established Criminal Procedure Code some progressive institutes and norms are not put into practice or applied not to the full; the established procedures are substituted for the technologies which have been not based on Criminal Procedure Code, procedural decisions are rendered without the sufficient bases on that. In the article it is noticed that the quantity of federal laws by which changes are made promptly increases, and the majority of additions in Criminal Procedure Code (more than 50) have been accepted without preliminary expert examination, are not verified from the point of view of a science and practice. Some of these laws are regarded as the system errors which are not corresponding to positions of international legal obligations. In the article it is noticed that prospects of development of the criminal trial are caused by prospects of development of the Russian state. Criminal trial modernisation should be directed on creation of optimum national model of effective investigation and proceeding, allowing not to admit or correct the procedural errors, corresponding to a modern level of development of society.

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