Гуманитарные и юридические исследования (Sep 2021)
ON THE FORMS OF IMPLEMENTING THE WILL OF THE ACCUSED IN THE CRIMINAL PROCEDURE
Abstract
The article notes that the accused has the right to carry out active criminal procedural activity in criminal proceedings. He does this by expressing his will. By specific examples are variety of forms for the realization of the will of the accused in criminal proceedings is shown. It is pointed out that the forms of realizing the will of the accused are: firstly, a single manifestation and, secondly, coordination in various variations. In the latter the will of the accused is of a combination character and, depending on the number of subjects, the combinations can be two-object (pair) and multi-subject (three, four-object). Multi-subject combinations is the most complex form of realizing the will of the accused, in each case both parties and the law enforcement are involved. A paired agreement, the achievement of which entails acceptance by the law enforcement agent of the desired result for the accused, is reached by the accused with any other participant in the criminal process, first of all by the defender, the victim or the person in whose proceedings the criminal case is located. Depending on the influence on the decision made by the law enforcer, the will of the accused can have a law-binding character when the corresponding duty of the investigator, investigator or court corresponds to the subjective right of the accused. However, not every subjective right of the accused is subject to compulsory execution. Therefore, the realization of the right of the accused to participate in the investigative action conducted at his request is legislatively limited to the permission of the investigator or investigator (the permissive nature), determined by two criteria: objective - the prescription of the law, and subjective - the discretion of the official. The article substantiates the need to remove such a legislative restriction, sets forth proposals for improving the current criminal procedure law on this issue, and gives new formulations of the relevant norms.
