The Ratio of the Purpose and Purpose of Criminal Proceedings in the Russian Federation

Abstract

The relevance of the study is due to the inconsistency of the purpose of criminal proceedings formulated in Article 6 of the Code of Criminal Procedure with its goals set out in Article 297 of the Code of Criminal Procedure, which can only be achieved through an adversarial form of criminal proceedings. This discrepancy creates problems of law enforcement, which in turn reduce the effectiveness of criminal proceedings in general. The purpose is to study the criminal procedure legislation of the Russian Federation regarding the possibility of a verdict in the case corresponding to Article 297 of the Code of Criminal Procedure of the Russian Federation. The objectives of the study are: the study of criminal procedural norms in their interaction for the possibility of achieving the result indicated in Article 297 of the Criminal Procedure Code of the Russian Federation in criminal pro-ceedings, as well as the analysis of various positions on this issue. Methodology. The methodological basis of the research is the method of dialectical scientific cognition; a sys-tematic approach to the problem under consideration, a historical method, a formal logical method, etc. Results. In the course of the research, the defects of the criminal procedure legislation were revealed in terms of its internal contradictions between the purpose, form and goals, which do not always allow a lawful, reasonable and fair sentence to be passed in the case. Conclusion. The current criminal procedure legislation proceeds from different approaches to the concept of justice (as a means and an end). Meanwhile, justice as a means (the equivalence of the rights of the parties participating in criminal proceedings) in the adversarial process does not ensure the achievement of a fair decision in the case, and the purpose of criminal proceedings as its function does not allow achieving the goal of criminal proceedings, which generates problems of law enforcement, which in turn reduce the effectiveness of criminal proceedings as a whole.