The purpose of this study is to identify problems arising in the process of realizing the functions of prosecution and defense in criminal proceedings of the Russian Federation. The author analyzes the concept of "adversarial nature". A direct relationship is established between the adversarial principle and the positions of prosecution and defense. The necessity of comprehensive improvement of the existing criminal procedure legislation is shown by creating an effective mechanism to protect the rights and interests of individuals and legal entities that suffered from illegal actions, as well as protecting a person from unlawful and unsubstantiated accusations, infringing his rights and freedoms. In a positive way, the similar experience of foreign countries is being investigated. Among the main findings outlined in this article, the following points are worth emphasizing: in the field of criminal justice, provisions of the Criminal Procedure Code and international regulatory legal acts should be provided in relation to the presentation of the initial charge in order to eliminate the negative consequences not only for the outcome of specific criminal cases, but also for law enforcement in the preliminary investigation process in general; the solution of the task of expanding the adversarial principle at the preliminary investigation stage should be based on the legislative abolition of the unilateral procedure for introducing the facts to the materials of the criminal case presented by the defense; a clear legal status of the parties of the defense and prosecution, provided by the law and the mechanism for its execution, takes criminal procedural relations to a new qualitative level, which positively affects the reputation of the social state.
The paper is concerned with the modern concept of the criminal policy of the Russian state from the standpoint of determining the main directions of improving the criminal and criminal procedural law.
The author examines the influence of criminal policy on the formation of criminal proceedings measures of protection or rights and interests of citizens in the fight against crime. The leading role of criminal policy in the formation and imple-menting of the criminal proceedings policy is shown in the article. On the basis of the juridical content of the lawful politics the author is coming to the conclusion that one can judge about the content of the criminal proceedings policy of the state using the legislatively formulated principles of criminal proceedings. Such policy shows the attitude of the state power to the fight against criminal violations of the interests of individual, society and state, to the proceedings methods and measures of such fight and also to the guarantees against unfounded prosecution and conviction of citizens. First of all the implementation of the criminal proceedings policy depends on the level of the lawful awareness of the law enforcement recipients.
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