The research is devoted to the analysis of the essence and place of the adversarial system in modern criminal procedure regulation. The existing acute debatability regarding the procedural status of the adversarial system in the criminal procedure law of the Russian Federation necessitates the appeal of scholars to this category. The purpose of identifying the true procedural nature of the adversarial system and the boundaries of its implementation is directly related to the determination of the correct place of this procedural category in the modern system of criminal procedure regulation. The analysis of modern scientific views on the procedural status of the adversarial system indicates the presence of diametrical views on the compliance of the adversarial system with the characteristics of an independent industry-wide principle. A controversial opinion about the extension of the principle of adversarial practice to the pre-trial stages of Russian criminal proceedings is noted. According to the authors, the current law enforcement practice confirms the implementation of the "pure" adversarial system only in the judicial stages of the criminal process. Taking into account the provisions of the Constitution of the Russian Federation and the position of the Supreme Court of the Russian Federation, the work provides an argumentation of the authors’ position on the advisability of changing the status and, accordingly, the place of the adversarial system in the structure of the Code of Criminal Procedure of the Russian Federation from the "industry-wide principle" to the "general condition of the trial".
It is devoted the analysis of key regulatory and doctrinal positions that reflect the legal and axiological essence of the principle of a reasonable period of criminal proceedings. It is revealed a complicate content of the principle of a reasonable period of criminal proceedings that presented in form of the synthesis of "law" and "moral". A system of the sources of reasonable duration of criminal a proceeding is analyzed.A high degree of penetration into the Russian procedural and legal culture of the idea of the need for the presence in it of such universal value as rationality is noted. Value content of the Russian criminal procedure legislation that concerns the principle of reasonable period of criminal proceedings, certainly, acts as determining vector in construction of procedural activity of judges. A goal of study of axiological nature of a reasonable period of criminal proceedings, significance and borders its realization is directly connected with necessity of increasing of the guarantees of effectiveness of carrying out of judicial protection through criminal proceedings.
The research reveals the peculiarities of interpretation of the criminal procedure norms emphasizing the practical importance. Its purpose is to identify and solve problems of law enforcement in criminal proceedings. The nature and types of interpretation of the criminal procedure norms were subjected to a detailed analysis based on the judicial and investigative practice. Difficulties with interpretation of the criminal procedure norms in connection with the legislative gaps, difficulties in the process of interpreting the cross-industry terms lack of digital information support of the newly published acts interpreting the norms of law and establishment of specific terms for its implementation, were singled out as separate problems. The use of a set of methods of scientific cognition was promotive of the achievement of the result. The conclusions show that the competent interpretation and application of the criminal procedure law by the courts, taking into account the specifics of this branch of law, can increase the efficiency of justice. The scientific novelty of this research is that for the first time, in an integrated manner and on the basis of a systematic analysis of the practice of interpretation and application of the norms of criminal law. It is planned to formulate proposals and recommendations to improve the work of the courts, law enforcement bodies and the advocacy suggesting specific measures to optimize the said direction.
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