Ищенко Е.П. О задачах отечественного уголовного судопроизводства

Аннотация: The article states that the proceeding quality of criminal cases in Russia lacks behind the imposed requirements. Herewith, the major designation of judicial authority is settlement of legal disputes and conflicts arising in the society, protection of the regulatory directions established by the law. Therefore, purposeful strong-willed nature of exercise of judicial power is absolutely needed especially when it is a matter of criminal proceedings. In this case as far as it concerns violation of the Criminal Code of the Russian Federation, i.e. commitment of crimes in defiance of the property and other interpersonal relations entrenching on health and life of citizens, other protected rights and freedoms. Therefore, the author answers the question: what are the tasks, the decision of which such branch of governmental activity as criminal proceedings are created and functioning for? The strong connection with real life, with its specific criminal situations, with practical of work of all levels of law-enforcement system, and judicial bodies must become major and indispensable reference point of national jurisprudence, first of all, of the criminal trial. The new qualitative situation of modern Russia generates exigency of urgent scientific understanding of fundamental realignment occurring in the country, among which booming crime is the principal concern triggered. The article mentions that the country criminal situation is sensitivity influenced by the consequences that appeared in real life as a result of alterations brought into the criminal procedures and law. Moreover, unexacting naturalization of legislative provisions from other states without their coordination with radical Russian traditions, and discord of new kid on the block ideas with the public sense of justice, in particular with the professional one, has already given negative results. The author believes that the Eurasian ideas may become a much more effective base for optimization of criminal proceedings in Russia, rather than the West-European ones. The necessary condition of further development of criminal procedure and law and its diligent effective application is the reflection of the purpose of criminal proceedings and its tasks, in the criminal law, regardful and adequate to the needs of citizens, society and state. Procedural rules of criminal proceedings, in particular the proceedings securing averment, in relation to the process participants, must be balanced. The essential shortcoming of the national criminal proceedings is the disbalance between the rights and duties of the accused, the abuser and the rights of the process participants to which it has cursed. The author comes to a conclusion that criminal proceedings is called to secure protection of the rights and legitimate interests of the citizens and organizations, society, and government, harmed by the crimes. It assists criminal prosecution of criminals guilty of committing crimes; their prosecution, criminal sentencing adequate to the criminal conduct, and relief from criminal responsibility and punishment under criminal law of innocent persons. It allows to buildup legalism and law order in the society. In other words, criminal proceedings are called to effectively resolve the sharp contradictions dangerous for normal society existence and development, to life and well-being of its members, and the Russian state. Otherwise, criminalization of the Russian reality will go on. The effective criminal law will encourage it in no smaller measure.

Abstract: The article states that the proceeding quality of criminal cases in Russia lacks behind the imposed requirements. Herewith, the major designation of judicial authority is settlement of legal disputes and conflicts arising in the society, protection of the regulatory directions established by the law. Therefore, purposeful strong-willed nature of exercise of judicial power is absolutely needed especially when it is a matter of criminal proceedings. In this case as far as it concerns violation of the Criminal Code of the Russian Federation, i.e. commitment of crimes in defiance of the property and other interpersonal relations entrenching on health and life of citizens, other protected rights and freedoms. Therefore, the author answers the question: what are the tasks, the decision of which such branch of governmental activity as criminal proceedings are created and functioning for? The strong connection with real life, with its specific criminal situations, with practical of work of all levels of law-enforcement system, and judicial bodies must become major and indispensable reference point of national jurisprudence, first of all, of the criminal trial. The new qualitative situation of modern Russia generates exigency of urgent scientific understanding of fundamental realignment occurring in the country, among which booming crime is the principal concern triggered. The article mentions that the country criminal situation is sensitivity influenced by the consequences that appeared in real life as a result of alterations brought into the criminal procedures and law. Moreover, unexacting naturalization of legislative provisions from other states without their coordination with radical Russian traditions, and discord of new kid on the block ideas with the public sense of justice, in particular with the professional one, has already given negative results. The author believes that the Eurasian ideas may become a much more effective base for optimization of criminal proceedings in Russia, rather than the West-European ones. The necessary condition of further development of criminal procedure and law and its diligent effective application is the reflection of the purpose of criminal proceedings and its tasks, in the criminal law, regardful and adequate to the needs of citizens, society and state. Procedural rules of criminal proceedings, in particular the proceedings securing averment, in relation to the process participants, must be balanced. The essential shortcoming of the national criminal proceedings is the disbalance between the rights and duties of the accused, the abuser and the rights of the process participants to which it has cursed. The author comes to a conclusion that criminal proceedings is called to secure protection of the rights and legitimate interests of the citizens and organizations, society, and government, harmed by the crimes. It assists criminal prosecution of criminals guilty of committing crimes; their prosecution, criminal sentencing adequate to the criminal conduct, and relief from criminal responsibility and punishment under criminal law of innocent persons. It allows to buildup legalism and law order in the society. In other words, criminal proceedings are called to effectively resolve the sharp contradictions dangerous for normal society existence and development, to life and well-being of its members, and the Russian state. Otherwise, criminalization of the Russian reality will go on. The effective criminal law will encourage it in no smaller measure.