On the need to form a special procedural status of participants in criminal proceedings from among persons with disabilities

Abstract

This article raises the problem of the lack of regulation in the Russian criminal procedure legislation of the participation of persons with disabilities. It is proposed to replace the terminology used in the Criminal Procedure Code of the Russian Federation persons with physical and mental disabilities with persons with disabilities, extending it not only to suspects, accused, but also to participants in criminal proceedings in general who fall under its signs. The necessity of allocating this category of participants is justified, based on the fact that they are limited in their ability to exercise their rights and perform the duties provided to them by law, and endow them with a special procedural status. Attention is drawn to the need to implement this, including on the basis of the provisions of international legal documents and the modern doctrine of the legal social state. It is proposed to use the compensatory approach developed by the author to solve the identified problems. It is noted that in a number of states such an approach finds its implementation, which allows using their experience to improve the Russian criminal procedure legislation.