Support of a Person’s Rights and Freedoms as a Key Link of Conception in the Modern Pre-Trial Proceedings: the View of a Scientist and Practician
The relevance of improving the criminal procedure activities of preliminary investigation and inquiry bodies is due to the low efficiency of the individual procedural institutions. Statement of the problem: as the law enforcement practice of criminal investigation shows, its insufficient effectiveness is based on formalization and bureaucratization of the modern criminal process, which contains the provisions of the criminal procedure legislation of the 20-60s of the20th century. The purpose of the study: development of fundamentally new approaches to development of these criminal procedural institutions in a practice of preliminary investigation. Research methods: the dialectics and private scientific methods: comparative legal, legal and technical analysis, statistical, method of included observation. Results and key conclusions: considering the topical issues of reforming the criminal procedure legislation, it is concluded that it is necessary to bring into compliance with the norm-principle of a reasonable time of the criminal proceedings (article # 6.1 of the Criminal procedure codex of the Russian Federation) the initial procedural terms of preliminary investigation and detention of the accused; replacement of indictment institution for notification of suspicion; introduction of the protocol form of preliminary investigation into the Criminal procedure codex of the Russian Federation; providing to an investigator, an inquirer the right to detain under judicial decision of the accused who disappeared from the preliminary investigation bodies and declared in the federal search; the changes of the procedural rules of the beginning of production on a criminal case according to item4.5 of the Roadmap of the further reforming of the law enforcement bodies of the Russian Federation. Implementation of these proposals will improve protection of the rights and legitimate interests of the Russian citizens.