Abstract

The article is devoted to problematic issues of legal regulation of terms based on the analysis of the normative provisions of modern and Soviet criminal procedure legislation. The author has identified and resolved an intra-industry legal conflict in the criminal procedure law between Article 128 of the Code of Criminal Procedure of the Russian Federation, according to which the terms established in the criminal procedure law are calculated in hours, days, months, and a number of articles of the Code of Criminal Procedure of the Russian Federation, indicating calculation in other units of measurement (minutes, days, years). The law enforcement practice of calculating criminal procedural deadlines was analyzed and ambiguous decisions made by employees of internal affairs bodies were discovered. The main violations of the rights and freedoms of participants in criminal proceedings related to incorrect calculation of deadlines in criminal proceedings are revealed. Such violations lead to delays in criminal proceedings, non-compliance with the principle of legality and the principle of a reasonable period of criminal proceedings. As a result, proposals and recommendations were made to improve the law, consisting in supplementing and amending article 128 Code of Criminal Procedure of the Russian Federation.

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