GROUNDS FOR DIFFERENTIATION OF CRIMINAL PROCEDURAL GUARANTEES OF JUSTICE IN THE RUSSIAN FEDERATION

Abstract

Criminal procedural guarantees of justice have significant potential and determine the quality and effectiveness of justice. However, this subinstitute has not been properly formalized from the point of view of legislative regulation and has not been studied by scientists in the field of criminal procedure law. It can be investigated only in terms of systematization and allocation of grounds for differentiation, which make it possible to reveal the full variety of existing criminal procedural guarantees of justice. Purpose: based on the provisions of criminal procedure legislation and emerging practice, to formulate the most accurate grounds for classifying criminal procedure guarantees of justice, allowing to comprehensively disclose the content and system of the latter. As a result, several classification grounds have been formulated: the methodology of influencing legal relations and participants in criminal proceedings; the content criterion; the subject matter; the stage of the criminal process. The conducted research shows that criminal proceedings are a comprehensive system of criminal procedural guarantees (from the fundamental principles reflected in the Constitution of the Russian Federation and the Code of Criminal Procedure to specific norms defining the rights and obligations of participants in criminal proceedings, requirements for procedural forms, procedures, and so on), contributing, among other things, to the administration of justice.