К вопросу об участии суда в процессе профилактики совершения преступлений и нарушений прав и свобод граждан

Abstract

National interests requiring improvements of a uni-fied crime prevention system in the Russian Federa-tion make executors of law and researchers focus on the place and role of the court in crime prevention. While acknowledging the multi-functionality of courts, the authors highlight their preventive func-tion in relation to a violation of legitimacy and pro-cedural irregularities resulting in private resolutions and rulings. The studies on the legal framework of the power of courts to provide private resolutions and rulings make it possible to reveal the binding response of the court to violations of citizens’ rights and legitimate interests and other offenses identi-fied in the trial. Noting the lack of court involvement in this activity, the authors attempt to determine its causes and propose making amendments to Article 313 of the Criminal Procedure Code of the Russian Federation. In particular, when imposing a sentence, the court should reveal the circumstances (or the lack of them) contributing to the commission of an offense, a violation of citizens’ rights and freedoms and other breaches of the law committed by a lower-level court during inquiries, pre-trial investigation, or criminal proceedings.