PRINCIPLES OF CRIMINAL PROCEDURE: DEFINITION, ROLE AND GENERAL CHARACTERISTICS

The bases of criminal procedure, like any other systematic activity, are certain principles enshrined in law. As a fundamental element, principles are inherently guiding requirements for the functioning of the criminal process. Due to the implementation of all the principles of criminal procedure, both individually and in aggregate, the basic guarantees, human rights and freedoms are observed and a fair trial is carried out. The separation of the principles of criminal procedure into a separate chapter of the Criminal Procedure Code of the Russian Federation (hereinafter — the CPC RF) directly indicates the importance of this element, not only in the system of proceedings, but also in the system of criminal law. A great deal of work has been devoted to the topic of revealing the concept and defining the role of principles in criminal proceedings, as it has long been of academic interest and has been a topic of considerable interest and discussion. It can be said that even today this topic requires close study, since the observance of principles in criminal proceedings, including during the judicial investigation, directly affects the adoption of a fair, legal and justified final act in the case. Moreover the observance of all the principles of the criminal procedure in a certain sense is one of the most important guarantors of the observance of human and civil rights and freedoms. The article attempts to analyze the content of the concept of the principles of criminal procedure, to provide their classification and definition of their role and meaning, as well as to fill certain gaps and to solve problems related to the conceptual apparatus of the topic.

procedural principles, guarantees, rights and freedoms, justice, presumption of innocence, adversarial proceedings, evaluation of evidence, criminal procedure, domestic legislation, Constitution of the Russian Federation, Criminal Procedure Code of the Russian Federation, international law

Kibardin D. O. Principles of criminal procedure: definition, role and general characteristics. Business. Education. Law, 2022, no. 1, pp. 203—208. DOI: 10.25683/VOLBI.2022.58.128.