Правовое государство: теория и практика (Jun 2023)
CONSTITUTIONALIZATION OF RUSSIAN CRIMINAL PROCEEDINGS: CONCEPT, FORMS, PROBLEMS AND SIGNIFICANCE
Abstract
Constitutionalization as a legal concept has been introduced into Russian science relatively recently, after the start of the Constitution of the Russian Federation and the activation of the Constitutional Court of the Russian Federation, in connection with which its essence and properties attract increased attention, primarily in the science of constitutional law. The issues of constitutionalization of criminal proceedings deserve a separate consideration due to the peculiarities of legal regulation and practical implementation of proceedings in criminal cases, taking into account the views expressed in legal literature on the current meaning of constitutionalization, its forms and problems, as well as the available data of law enforcement practice. Purpose: to determine the specificity of constitutionalization and its current meaning as applied to the sphere of criminal proceedings, to identify the possibilities for improving the process of constitutionalization in this area. The dialectical method is used as the methodological basis of the study. In addition, general scientific methods of analysis, synthesis and systematic approach are used, as well as special legal methods: historical-legal, legal interpretation and logical-legal. Results: the concept of constitutionalization in criminal proceedings is clarified, evidence is given on the basis of an analysis of judicial practice to support the viewpoint that at present the only really effective form of constitutionalization is the work of the Constitutional Court of the Russian Federation to bring criminal procedural legislation and practice of its application in line with the provisions of the Constitution. To increase the effectiveness of constitutionalization of criminal proceedings, a more careful approach is needed on the part of the legislator to incorporate the changes and additions initiated by the Constitutional Court of the Russian Federation into the system of criminal procedural regulation.
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