THE QUALITY OF CRIMINAL PROCEDURE LEGISLATION THROUGH THE PRISM OF ITS DEFECTS

Abstract

In this article considered the quality of criminal procedure legislation. Was established that the formation of high-quality criminal procedural legislation is a complex multi-level process, the work on which requires the analysis of existing shortcomings in the practical aspect and strengthening of scientific developments in the theoretical aspect. Quality of the criminal procedural law that is the key to the effective implementation of the tasks of criminal proceedings, ensuring the rights and freedoms of its participants. In this research was proposed to consider the substantive and formal characteristics of criminal procedure legislation, which allow to ensure the proper implementation of the tasks of criminal proceedings, compliance with the basic principles and effectiveness at all stages of law enforcement. Referring to own experience, analysis of the rules of criminal procedure law, as well as scientific publications, it was concluded about the following are the most common defects that affect the quality of criminal procedure law: 1. Gaps in criminal procedure legislation. 2. Mistakes and contradictions in terminology. 3. Duplication of provisions of other normative legal acts. 4. Inconsistency of the criminal procedure law with the practice of the European Court of Human Rights. 5. Linguistic imperfection and stylistic mistakes. It is proposed to improve the quality of criminal procedural legislation at two levels – legislative and law enforcement. It was determined four main directions of improvement of criminal procedural law: 1. Ensuring proper legal monitoring of draft laws. 2. Taking into account judicial practice and achievements of legal science. 3. Improving the procedure for examination of regulations. 4. Thorough analysis of the case law of the European Court of Human Rights.