CRIMINAL PROCEDURE: CONCEPT AND PURPOSE

Abstract

The definitions of the criminal process, which were given by processualists at different times, are analyzed. It is established that in most of them, scientists emphasize the main feature of the criminal process – its legality. It is concluded that the current criminal procedure legislation of Russia, unlike other CIS member states, does not provide a detailed definition of the criminal process, does not formulate its goals and objectives, and the purpose of criminal proceedings is limited only to the protection of purely private interests, which is erroneous. The conclusion is also made about the need for solidarity in criminal proceedings, by which the author of the article understands a harmonious criminal process, when the interests of the individual, the interests of the state, and the interests of society as a whole are equally taken into account. The article proposes the definition of criminal procedure as a complex and multidimensional concept with the disclosure of the purpose and objectives to be solved in the implementation of criminal procedural activities. It is also proposed to fix the definition of criminal procedure as a type of state activity in paragraph 56 of Article 5 of the Code of Criminal Procedure, while simultaneously deleting Article 6 of the Code of Criminal Procedure "Purpose of criminal proceedings" from Chapter 2 "Principles of Criminal procedure".