STATE POLICY OF CRIMINAL LEGAL PROTECTION OF PARTICIPANTS IN CRIMINAL PROCEEDINGS IN THE RUSSIAN FEDERATION: PROBLEMS AND WAYS OF THEIR RESOLUTION

  • Ya.V. Gordey (Zhdanova)
    • Russian State University for the Humanities
  • I.N. Krapchatova
    • Russian State University for the Humanities
Keywords: state protection, participants of criminal proceedings, security, responsibility, protection measures, encroachment, qualification of crimes

Abstract

In the work, within the framework of the state security policy of participants in criminal proceedings in the Russian Federation, the topic of criminal legal protection of some participants in criminal proceedings in modern Russia is considered. The authors analyzed various theoretical approaches to the qualification of acts against participants in criminal proceedings. The article also presents the provisions of judicial practice, the regulatory framework governing the state protection of participants in criminal proceedings in the Russian Federation and individual foreign experience in criminal law protection of life, health, property, inviolability and freedom of persons involved in criminal proceedings. According to the results of the study, some gaps were identified, as well as problems of legal regulation in terms of criminal legal protection of participants in criminal cases. It was also determined that the list of persons whose interests are protected by criminal law measures is incomplete and needs to be supplemented. It has been determined that the existing mechanism of implementation of criminal procedure measures for protection of participants in criminal proceedings needs to be improved and synchronized with the criminal law protection of participants in criminal proceedings. In addition, based on the analysis of theory and judicial practice, proposals were made to amend and supplement the legislation of the Russian Federation on criminal protection of participants in criminal proceedings, which would eliminate the existing contradictions and allow to correctly qualify these acts.

References

Received 2023-05-15
Published 2023-05-26
Section
Jurisprudence
Pages
498-507