On the appointment of criminal proceedings in the Russian Federation
Emphasizing the importance of the appointment of criminal proceedings among the modern social and legal institutions of Russian civil society, the author shows the imperfection of its normative legal form of expression. The article notes that in the current situation, some formulations of the purpose of criminal proceedings have come into conflict with the real socio-legal reality, which at the legislative level in some situations excludes the protection of an individual from unfounded accusations. To resolve the current contradiction, a choice should be made: either to change the normative wording of the purpose of criminal proceedings, or - the legal proceedings itself. In choosing the subject of reform, preference is given to traditional Russian values. Modern trends in Russian criminal justice do not fully reflect the needs of civil society in the Russian Federation. It is rather the result of a system of departmental and bureaucratic measures to distribute influence and burden. From a humanitarian standpoint, it would be more correct to return the criminal justice system to a state where it will again reflect the lost purpose, in particular, the protection of an individual from unlawful accusations. It should start with the removal from law enforcement officials of the obligation to be unilateral in the examination of evidence and to represent only one side - the accusations (Chapter 6 of the Criminal Procedure Code of the Russian Federation), as well as eliminate the regulatory prohibition for the preliminary investigation and inquiry bodies to collect evidence defending the accused (Part 2 article 15 of the Criminal Procedure Code of the Russian Federation).