От введения к Уложению государственных законов до УПК РФ: основные идеи М.М. Сперанского

Abstract

The analysis of some provisions of the current Criminal Procedure Code of the Russian Federation through the prism of a number of provisions of the Code of State Laws, prepared in 1809 by M. M. Speransky. An assessment of the moral principles of the current law is given, noting that moral regulators at this stage of the development of legislation are very weak, which entails the need for detailed criminal procedure regulation. Parallels are drawn with the ideas of M. M. Speransky on the separation of powers and the modern independence of the judiciary. The article reveals the features of law enforcement practice in terms of the application of the provisions of Article 61 of the Criminal Procedure Code of the Russian Federation and the provisions of the law on conflict of interest and its interpretation in the established judicial practice. Based on the Introduction to the Code of State Laws in terms of the need to take into account the “importance of crimes” and “the quality of persons who have committed crimes”, the author reveals modern trends in the development of differentiated principles of criminal justice. It has been proved that, in fact, an independent special proceedings for entrepreneurs are being formed, which is critically assessed as a trend that does not correspond to the Presidential Decree “On national goals and strategic objectives for the development of the Russian Federation for the period up to 2024.”