IMPLEMENTATION OF THE PRINCIPLES OF THE CRIMINAL PROCESS IN THE COURSE OF THE TRIAL WITH THE CONSENT OF THE ACCUSED WITH THE CHARGE BROUGHT AGAINST HIM

Abstract

The article examines the problems of implementing the principles of criminal procedure in the course of a trial with the consent of the accused with the charge brought against him. It is argued that the special procedure for judicial proceedings does not fully comply with the principles of criminal procedure. It is proved that the study of the special procedure of the trial revealed the presence of competition in it, the presumption of innocence and the principle of competition. It is indicated that, taking into account the construction created by the legislator, Chapter 40 of the Code of Criminal Procedure of the Russian Federation, the specified procedure of legal proceedings is not aimed at preventing the conviction of innocent people and establishing their non-involvement in the crime committed. With a special procedure of judicial proceedings, the court's discretion is not aimed at establishing the presence or absence of the defendant's guilt and effective protection of the rights of victims, which are enshrined in Article 6 of the Criminal Procedure Code of the Russian Federation. It is argued that the simplification of the criminal procedure form should be compensated by increased requirements for ensuring the rights and legitimate interests of a person brought to criminal responsibility due to strict compliance with all the principles of criminal procedure set out in Chapter 2 of the Code of Criminal Procedure of the Russian Federation.