Accelerated Legal Proceedings in the Light of the Differentiation of the Criminal Procedure Form

Abstract

The article is devoted to theoretical issues of the essence and concept of accelerated legal proceedings as a type of modern Russian criminal process. The author uses examples of historical and comparative legal nature to reveal the true essence and main content of the institute of accelerated legal proceedings as a type of modern Russian criminal process. It argues for a complex historical evolution throughout the existence of the institution of accelerated legal proceedings, as well as constant attempts to adapt it to meet the current goals and objectives of criminal and criminal procedural politics. Ultimately it shows the futility of directions that use the ideas of accelerated legal proceedings for so-called hybridization and modern eclecticism in the field of procedural form. An original definition of accelerated legal proceedings is formulated. The second part of the article considers the debatable question of the relation of accelerated legal proceedings to the summary process. In this regard, the system-structural qualities of reduced forms are shown, primarily on the example of the institute of inquiry in reduced form, as well as judicial proceedings in this category of cases. The conclusion about the implementation in the criminal procedural law of Russia at the present time historically interrupted process of revival and modern development of the institute of summary process is substantiated.