Document Type : Research Article

Authors

1 Associate Professor, Candidate of Juridical Sciences,Associate Professor of the Department of law enforcement,criminal law and procedure, Pskov state University

2 Candidate of Juridical Sciences,Associate Professor of the Department of the organization of the regime and operational search activities in the penitentiary system,Academy of Law and Management,Federal Penitentiary Service of Russia

3 Doctor of Law, Associate Professor,Professor of the Department of State and Legal Disciplines in the penitentiary system,Academy of Law and Management,Federal Penitentiary Service of Russia

4 Doctor of Law, professor,Professor of the Departmentof the organization of the regime and operational search activities in the penitentiary system,Academy of Law and Management,Federal Penitentiary Service of Russia

5 Candidate of Juridical Sciences.Associate Professor of the Department of law enforcement, criminal law and procedure, Pskov state University

Abstract

The protection of the rights and freedoms of persons subject to criminal prosecution, participation of counsel in criminal proceedings are always the center of attention of the progressive world community and legislators. However, the practice of ensuring the right to protection of persons from suspicion or accusation in some countries, including taking into account the decisions of the European Court of Human Rights, indicates that not all issues of its legal regulation have been resolved to a degree that satisfies science and practice, and there are violations of human rights enshrined in international legal standards, the principle of adversarial parties in criminal proceedings is not fully implemented, so there is increasing scientific interest in problematic issues of protection from criminal prosecution.
Despite the great contribution of the conducted research to the development of the institute of protection from criminal prosecution, many issues related to the implementation of international standards in the field of human rights in the provision of this protection in the criminal proceedings of Russia and some foreign countries have not been fully covered and require a comprehensive study.
The purpose of the study is to analyze international standards in the field of human rights, as well as the experience of Russia and some foreign countries in the field of ensuring the right to protection from criminal prosecution in criminal proceedings, to identify problematic issues of a legal nature in this part and to formulate scientifically based recommendations for their solution (minimization).

Keywords

Main Subjects

  1. The judgment dated 06.10.2015 in the «Turbines (Turbylev) against the Russian Federation» (complaint No. 472209); the Judgment dated 26.03.2015 «Business of wolves and Adamski (Yolkoy and Adamskiy) against the Russian Federation» (complaint No. 761409 and 30863/10).
  2. The code of criminal procedure of the Russian Federation: the Federal law Federal law dated 18.12.2001 № 174-FZ.
  3. Criminal Procedure Code of the Republic of Kazakhstan dated 04.07.2014 № 231-V.
  4. Criminal Procedure Code of the Republic of Belarus dated 16.07.1999 № 295-Z.
  5. Criminal Procedure Code of the Republic of Uzbekistan: approved by the Law of the Republic of Uzbekistan of 22.09.1994 № 2013-XII.
  6. Criminal Procedure Code of the Republic of Moldova of 14.03.2003 № 122-XV.
  7. Resolution of the Constitutional Court of the Russian Federation of 27.06.2000 N 11-P «In the case of checking the constitutionality of the provisions of Part one of Article 47 and Part two of Article 51 of the Criminal Procedure Code of the RSFSR in connection with the complaint of a citizen V. I. Maslov».
  8. Resolution of the Plenum of the Supreme Court of the Russian Federation of June 30, 2015 No. 29 «On the practice of application by courts of legislation ensuring the right to defense in criminal proceedings».
  9. Resolution of the Plenum of the Supreme Court of the Russian Federation dated 29.03.2016 No. 11 «On some issues arising in cases of awarding compensation for violation of the right to trial within a reasonable time or the right to execution of a judicial act within a reasonable time».
  10. Resolution of the Constitutional Court of the Russian Federation of 13.06.2019 N 23-P «In the case of checking the constitutionality of Part three of Article 6.1 of the Criminal Procedure Code of the Russian Federation in connection with the complaint of citizen B. A. Sotnikov».
  11. Resolution of the Constitutional Court of the Russian Federation No. 2-P of 28.01.1997 «On the case of checking the Constitutionality of Part four of Article 47 of the Criminal Procedure Code of the RSFSR in connection with the complaints of citizens B. V. Antipov, R. L. Gitis and S. V. Abramov».