ABSENTEE PROCEEDINGS IN THE CRIMINAL PROCEEDINGS OF RUSSIA

Abstract

The article analyzes the concept of absentee proceedings used in Russian criminal proceedings. A brief description of the stages of formation and development of the institution under study is given, starting with the Charter of Criminal Procedure of 1864. The conclusion is made about the independence of the absentee procedure for the consideration of a criminal case and its difference from other types of consideration of a criminal case in the absence of the defendant. Taking into account the positions of the Constitutional Court of the Russian Federation and the Supreme Court of the Russian Federation, depending on the category of crimes, two types of absentee order are distinguished, provided for in Part 4 and Part 5 of Art. 247 of the Code of Criminal Procedure of the Russian Federation. The conclusion is made about the expediency of preserving in criminal proceedings the possibility of enacting a sentence (determination) of a court issued in absentia. The characteristic of each model of absentee order is given. From the position of ensuring the rights of participants in criminal proceedings, proposals were made on the mandatory holding of a preliminary hearing to resolve the petition of the accused to consider a criminal case on a crime of small and medium gravity in the absence of the defendant, as well as the possibility of making such a petition already at the stage of familiarization of the accused with the materials of the criminal case at the preliminary stage investigation. It is concluded that the absentee procedure for considering a criminal case cannot be singled out as an independent simplified procedure, since it does not show the uniqueness of the legal relations regulated by the norms of the alleged proceedings. The absentee procedure of trial does not have a material and legal basis that objectively requires differences in legislative regulation, there are no significant differences compared to the usual procedure for proceedings.