Гарантии допустимости и действительности отказа от субъективного права в уголовном процессе: проблемы законодательного регулирования

Abstract

Relevance. An element of the human rights system is the criminal procedure law, which allows to increase the degree of protection of the rights of persons in the field of criminal proceedings. The norms of the Criminal Procedure Code of the Russian Federation specify a significant change in the attitude of the state towards the individual, however, many provisions of the law remain imperfect, which gives rise to cases of violation of individual rights in criminal proceedings, emphasizes the importance of studying the issues of legal regulation of guarantees of the admissibility and validity of the rejection of subjective law. Purpose: the study of the problems of regulatory regulation of guarantees of the admissibility and validity of the rejection of subjective law, the development of proposals for further improvement of the criminal procedure law. Objective: to study the totality of the norms of the criminal procedure law that enshrine the guarantees of the admissibility and validity of the waiver of the right, doctrinal sources, in the part related to the topic of the study. Methodology. The basis of this research is a combination of the universal dialectical method of scientific cogni-tion, general scientific methods of analysis and synthesis, induction and deduction, and private scientific methods of cognition, such as: formal-logical, formal-legal. The authors also used methods of studying social phenomena in their concrete manifestation in specific conditions of place and time: the study of documents, observation. Results. A significant element in the hierarchical chain of the regulatory component, which forms the basis of guarantees of the admissibility and validity of the rejection of subjective law, is the criminal procedure law. Many of its provisions are aimed at ensuring the possibility of a person who has fallen into the sphere of criminal proceedings to express his will regarding the realization/non-realization of the benefits belonging to him. At the same time, the work of the legislator in this regard cannot be considered completed. Conclusion. Improving the legal regulation of guarantees of the admissibility and validity of the rejection of sub-jective law will contribute to the protection of the rights and legitimate interests of citizens, correspond to the purpose of criminal proceedings.