PRACTICE OF ENSURING THE CONSTITUTIONAL RIGHTS OF CITIZENS IN THE APPLICATION OF THE SPECIAL PROCEDURE FOR THE ADOPTION OF A JUDICIAL DECISION (ON THE EXAMPLE OF THE BELGOROD REGION)
At the current stage of the development of the Russian criminal process, as in the criminal process of most foreign States, it is typical to use procedures aimed at accelerating and simplifying the traditional procedure of judicial proceedings, which allows to optimize the material costs in its implementation, and ultimately reduce the workload of courts. Of course, we are talking about the provisions of section X of the Code of Criminal Procedure of the Russian Federation, devoted to a special procedure of trial. Thus, chapter 40 of the above-mentioned section provides for a special (simplified) procedure for taking a court decision with the consent of the accused with the charge brought against him, that is, without conducting a traditional study and evaluating the evidence collected in the criminal case. Despite the long period of existence and implementation of the above-mentioned norms of the Russian criminal process, the law enforcement practice shows that today, however, there remain certain contradictions and difficulties. Some problematic issues of application of a special order of court session partially found the permission in positions of the Plenum of the Supreme Court of the Russian Federation of 05.12.2006 No. 60 «About application of a special order of judicial proceedings of criminal cases by vessels». This article considers topical issues of ensuring the constitutional rights of citizens in the application of the special procedure for the adoption of a judicial decision (chapters 32.1 and 40 of the Code of Criminal Procedure of the Russian Federation) on the basis of examples of judicial practice of the Belthe region. The information and reference materials of the Prosecutor ‘s Office of the Belthe region and the courts of the Belthe region on the practice of courts considering criminal cases using a special procedure for making a court decision were also studied. Examples of law enforcement practice of the body conducting the inquiry, investigation and judicial practice on the issues under consideration are given.