Key scripts of contemporary criminal procedure policy

Natalia P. Kirillova, Irina G. Smirnova

Research output: Contribution to journalArticleResearchpeer-review

Abstract

The key aspects and problems of contemporary criminal procedure policy are examined though the prism of its scripts – from the standpoint of actual implementation of the criminal procedure policy as well as from the standpoint of expected results and key trends in criminal court procedure development. The authors single out some positive and negative characteristics of contemporary criminal procedure policy as well as its key trends based on the analysis of contemporary criminal procedure legislation and the nature of changes and amendments introduced in the Criminal Procedure Code of the Russian Federation in the last 15 years, as well as the work of courts and other law enforcement bodies on implementing them. The paper examines such positive traits of modern criminal procedure policy as the preservation and development of the constitutional principles of criminal court procedure, of the principles and norms of international law in the criminal procedure legislation and the law enforcement practice; the use of constitutional control means to maintain the balance between the branches of power. The authors also single out key problems of the criminal procedure policy, such as the purpose of using criminal procedure regulation mechanisms, the sufficiency of the tools for its implementation, the correlation between the goal and the means of reaching it, the lack of coordination with other areas of criminal policy, in particular, with the state criminal and penal policies; the authors present their assessment of these problems. They believe that the described factors predetermine the necessity of implementing a number of vital criminal procedure scripts in the criminal procedure sphere, namely: the development of a unified concept of criminal and criminal procedure policy, the political decision regarding the choice of a model for contemporary Russian criminal court procedure, the solution of the human resources’ problems.

Original languageEnglish
Pages (from-to)116-127
Number of pages12
JournalRussian journal of criminology
Volume12
Issue number1
DOIs
StatePublished - 1 Jan 2018

Keywords

  • Criminal court procedure
  • Criminal policy concept
  • Criminal procedure policy
  • Deployment of criminal court procedure
  • Human resources policy
  • Monitoring

Scopus subject areas

  • Law
  • Sociology and Political Science

Cite this

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Key scripts of contemporary criminal procedure policy. / Kirillova, Natalia P.; Smirnova, Irina G.

In: Russian journal of criminology, Vol. 12, No. 1, 01.01.2018, p. 116-127.

Research output: Contribution to journalArticleResearchpeer-review

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