Социальный аспект назначения уголовного судопроизводства: к вопросу о пределах его действия

Abstract

The purpose of criminal proceedings, regulated by Article 6 of the CPC RF, due to the originality of the legal regulation, is a legal construct which is still controversial among law enforcers and legal scholars alike. It is still not clear how the purpose relates to categories such as the purpose and objectives of criminal proceedings. But more significant is the question of the subjective limits of Article 6 of the CPC RF. Given the mental characteristics of the functioning of Russian society, as well as in the light of paternalistic relations between the Russian state and the individual, the social purpose of criminal proceedings should be understood as the maximum possible reduction of the negative consequences of criminal repression for the individual. This interpretation of the social purpose of the proceedings may be given statutory expression through the following conditions: normative regulation of the rights of the victim and the person who is the subject of criminal proceedings through the prism of imposing respective obligations on those who are in charge of the criminal case and have authority in the process; extension of Article 6 of the CPC RF to persons whose rights and interests may be affected by the proceedings in a criminal case, irrespective of their procedural status; Expanding the scope of the purpose of criminal proceedings by placing obligations on public authorities and their officials to protect not only the rights and legitimate interests of the individual, but also the rights and legitimate interests of the individual. Expanded application of Article 6 of the CPC RF ensures social value of the criminal process if we move from narrowly procedural to a broader understanding of the functions of the criminal process that ensure both the purpose and implementation of socially important objectives related, among other things, to ensuring access to justice and judicial protection. Until amendments and additions are made to the Criminal Procedural Code of the Russian Federation, the solution is seen in the active application of analogy, which is due to the need to perform law enforcement operations in criminal proceedings. The Russian law of criminal procedure does not prohibit the analogy of the law, but also does not indicate in any way the possibility and procedure for its application. However, decisions of the highest courts indicate at least recognition of this category in relation to criminal proceedings. In particular, the analogy is mentioned in the following acts of judicial authorities: Decision of the Constitutional Court of the Russian Federation of 16.12.2021 № 53-P "On the case of checking the constitutionality of Articles 416 and 417 of the Code of Criminal Procedure of the Russian Federation in connection with the complaint of citizen F.B. Iskhakov", Resolution of the Plenum of the Supreme Court of the Russian Federation of 30.06.2015 № 29 "On the practice of the courts of law, providing the right to protection in criminal proceedings" and others. The authors declare no conflicts of interests.