ОСОБЫЙ ПОРЯДОК ПРИНЯТИЯ СУДЕБНОГО РЕШЕНИЯ ПРИ СОГЛАСИИ ОБВИНЯЕМОГО С ПРЕДЪЯВЛЕННЫМ ОБВИНЕНИЕМ В КОНТЕКСТЕ СПРАВЕДЛИВОГО СУДЕБНОГО РАЗБИРАТЕЛЬСТВА

Abstract

In a scientific article, the authors analyze the nature of the institution of a special order of decision-making with the consent of the accused with the charge brought; an attempt was made to assess the special order in terms of a fair trial; the most controversial issues concerning the essence of a special order are considered. Attention is drawn to the fact that the special procedure is deprived of such basic principles of a fair trial as publicity, adversariality, ensuring the accused's right to defense, the direct examination of evidence by the court, the motivation of the court decision, the presumption of innocence, etc. Since in a special procedure only indirect research takes place evidence with the participation of only the court in the absence of a "dispute", then the establishment of the truth in a criminal case becomes secondary and becomes very difficult. The lack of a full-fledged judicial investigation deprives the special order of the opportunity to fit into the framework of a fair trial as a continental model of criminal justice. The authors came to the conclusion that the institution of a special order does not fit into the concept of a fair trial, and the purpose of its existence does not justify the risks of negative consequences of the increase in cases considered in this form every year.