Smirnova Irina Georgievna ↑, Nagaev Alexey Mikhaylovich

The analysis of some provisions of the current Criminal Procedure Code of the Russian Federation through the prism of a number of provisions of the Code of State Laws, prepared in 1809 by M. M. Speransky. An assessment of the moral principles of the current law is given, noting that moral regulators at this stage of the development of legislation are very weak, which entails the need for detailed criminal procedure regulation. Parallels are drawn with the ideas of M. M. Speransky on the separation of powers and the modern independence of the judiciary. The article reveals the features of law enforcement practice in terms of the application of the provisions of Article 61 of the Criminal Procedure Code of the Russian Federation and the provisions of the law on conflict of interest and its interpretation in the established judicial practice. Based on the Introduction to the Code of State Laws in terms of the need to take into account the “importance of crimes” and “the quality of persons who have committed crimes”, the author reveals modern trends in the development of differentiated principles of criminal justice. It has been proved that, in fact, an independent special proceedings for entrepreneurs are being formed, which is critically assessed as a trend that does not correspond to the Presidential Decree “On national goals and strategic objectives for the development of the Russian Federation for the period up to 2024.”

criminal proceedings, history, Speransky, individual rights, special proceedings

Smirnova Irina Georgievna – Doctor of Juridical Science, Associate Professor, Honorary Worker of Higher Professional Education, Deputy Director for Research, Head of the Department of Criminal Law, Criminology and Criminal Procedure, Institute of State and Law, Baikal State University (11, Lenin st., Irkutsk, 664003, Russian Federation), e-mail: smirnova-ig@mail.ru

Nagaev Alexey Mihaylovich – Chairman of the Duma of the Baikal City Settlemen Baikalsk (Baykalsk, Slyudyansky District, 665930, Russian Federation), e-mail: baikludi@list.ru

Smirnova I.G., Nagaev A.M. Ot vvedeniya k ulozheniyu gosudarstvennyh zakonov do UPK RF: osnovnye idei m. M. Speranskogo [From Introduction to the Regulation of State Laws to the Criminal Procedure Code of the Russian Federation: Main Ideas M. M. Speransky] Sibirskij yuridicheskij vestnik [Siberian Law Herald]. 2021, no 2(93), pp. 99–103. DOI 10.26516/2071-8136.2021.2.99. (in Russian).

343.13, 340.115.6

KLWCYJ

1. Borohov E. Enciklopediya aforizmov: Rossypi myslej [Encyclopedia of aphorisms: Scattering of thoughts]. Moscow, AST, 2001. 716 p. (in Russian)

2. Bocharov T., Volkov V., Dmitrieva A. Diagnostika raboty sudebnoj sistemy v sfere ugolovnogo sudoproizvodstva i predlozheniya po ee reform- irovaniyu : doklad po rezul’tatam issledovaniya [Dmitrieva A. Diagnostics of the work of the judicial system in the field of criminal proceedings and proposals for its reform: report on the results of the study]. Saint-Petersburg, 2016, vol. 1, 110 p. (in Russian)

3. Kazarina M.I. Otvod i samootvod sud'i kak garantiya nezavisimosti sudej [Challenge and self-challenge of a judge as a guarantee of the independence of judges]. Vestnik Tomskogo gosudarstvennogo universiteta [Bulletin of the Tomsk State University], 2020, no. 459, pp. 235-241. (in Russian)

4. Muravev K.V. Optimizaciya ugolovnogo processa kak formy prime- neniya ugolovnogo zakona. Cand. sci. diss. abstr. [Optimization of the criminal process as a form of application of the criminal law. Cand. sci. diss. abstr.]. Omsk, 2017, 43 p. (in Russian)

5. Ryazanovskij V. A. Edinstvoprocessa [Unity of the process]. Moscow, Legal Bureau “Gorodets”, 1996, 74 p. (in Russian)

6. Smirnova I.G., Kazarina M.I. Ugolovno-processualnye garantii real- izacii principa nezavisimosti sudej [Criminal procedural guarantees for the implementation of the principle of independence of judges]. Moscow, Yur- litinform, 2021. 168 p. (in Russian)