Regulatory formulations of the appointment of criminal proceedings and its real content
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 an unfounded accusation. To resolve this contradiction, a choice should be made: either to change the normative formulation of the purpose of criminal proceedings, or to exclude from the law the norms that contradict it. 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 remove 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).