On the Need to Strengthen Constitutional Legal Guarantees for Access to Criminal Justice

Abstract

The paper examines the problems of the stage of initiating a criminal case in terms of the implementation of constitutional and legal guarantees for access to criminal justice. The author points out that, despite its importance, in practice, the process of establishing the events of crimes, as well as identifying and exposing the perpetrators, encounters a number of traditional problems. The issues arising at the initial stage of the criminal process occupy the leading position among these problems; the stage of criminal case initiation is also referred to as the «pre-investigation verification of a crime report» stage. Given the practice and doctrinal points of view, attention is given to the need to change the rules of domestic criminal procedural legislation in terms of transforming the stage of initiating a criminal case existing in the Criminal Procedure Code of the Russian Federation as preventing the timely detection and investigation of this type of crime, creating a negative image of public authorities. It is also important to strengthen criminal liability in relation to special subjects for evading the fulfillment of the duty of criminal prosecution