Особенности нормативной регламентации упрощённых уголовно-процессуальных процедур (постановка проблемы)

Abstract

The object of consideration of the author is the simplified criminal procedural procedures provided for in Chapters 40, 40.1, 32.1 of the Code of Criminal Procedure of the Russian Federation. The subject of study is the provisions of the criminal procedure law and the rules of law enshrined in them that establish the appropriate procedural forms. Purpose. The purpose of the article is to identify and analyze the specifics of the norms of Chapter 40 of the Code of Criminal Procedure of the Russian Federation, regulating the special procedure for judicial proceedings, taken in the rank of “standard” simplified judicial proceedings. Methodology. The declared object and subject of research are considered by the author using the method of analysis, synthesis, formal legal, systemic structural and comparative legal methods of scientific knowledge. Results. The work identifies and analyzes the features of the normative regulation of a special procedure for trial when the accused agrees with the charge brought against him, the properties and systemic connections of the norms of Chapter 40 of the Code of Criminal Procedure of the Russian Federation in order to establish the type characteristics of certain simplified criminal procedural procedures within the framework of their classification into primary and derivative. Conclusion. The goal set in the work was achieved. The problems of the specificity of the normative regulation of the special procedure for making a judicial decision when the accused agrees with the charge brought against him as a “standard” summary judicial proceeding of a primary nature were considered and revealed.