On the Priorities for Reforming the Criminal Procedure of the Russian Federation

Abstract

As the key problems, the solution of which is necessary in order to improve the Russian criminal process, the article identifies two: expanding the scope and digital modernization of the court with the participation of jurors, as well as introducing the institution of investigative judges. The objective of the study is to justify the sociological determinism of a jury by socio-political factors, primarily, the level of trust of civil society in the state; making proposals on the effective formation of the jury in the face of natural challenges (pandemics, etc.) using remote communications; development of a theoretical concept of the institution of investigative judges and their specific powers in relation to the Russian criminal procedure, including the conduct of alternative forensic examinations. The methods of sociological research were used, in particular, SWOT-analysis, which allows taking into account the strengths and weaknesses of the development of the studied objects and the existing risks, in conjunction with factors of influence of the external and internal environment, as well as methods of legal interpretation, including constitutional law. Conclusions are drawn about the need for a sharp expansion of the jurisdiction of jury trials, the introduction of a volunteer principle for the formation of reserve lists of candidates, the feasibility of moving to a remote form of judicial proceedings with the participation of jurors, as well as the introduction of the institution of judges “over the investigation” as a guarantor of the principles of adversarial proceedings and equality parties at the stages of the process preceding the trial of the merits. Thе article, in comparison with others, related in subject matter and purpose, differs in that it offers specific solutions to three key problems, which can initiate the transition of Russian criminal justice to a new, higher level.