Open AccessON CRIMINAL PROCEDURE LAW-MAKING IN THE MODERN CONTEXT
Author(s) -
В. О. Белоносов
Publication year - 2020
Publication title -
ûridičeskij vestnik samarskogo universiteta
Language(s) - English
Resource type - Journals
eISSN - 2782-2990
pISSN - 2542-047X
DOI - 10.18287/2542-047x-2020-6-4-67-71
Subject(s) - principle of legality , law , political science , criminal law , legislation , legislature , criminal procedure , bureaucracy , context (archaeology) , law enforcement , meaning (existential) , psychology , politics , paleontology , psychotherapist , biology
The article analyzes the changes made to the CPC in 2019 and the first half of 2020. It is concluded that despite a significant reduction in overactive legislative drafting since 2019, the quality of the changes made leaves much to be desired. Unjustified repetition of general provisions without any novelty continues to occur. Substantive issues are the subject of regulation, while the subjects are persons who do not perform procedural functions. The amendments ignored citizens' rights and freedoms, were adopted in the interests of law enforcement agencies and were formal and bureaucratic in nature. All this does not contribute to the stability of legislation and respect for the law, distorting the meaning of legality. Under these conditions, it is proposed to return to a legal understanding of the law, to revive moral and ethical principles of criminal procedure, to resume and intensify discussions on the protection of individual rights and freedoms in criminal proceedings.