RETURNING TO THE ORIGINS: A KEY TREND IN STRENGTHENING THE NATIONAL IDENTITY OF RUSSIA’S CRIMINAL PROCESS

Abstract

The national identity of Russia’s criminal process is directly linked to the powerful efforts of our country’s leadership to recreate its sovereignty in all spheres of life. These concentrated efforts focus on historical mental, spiritual, and moral values, alongside geopolitical gains, many of which were lost over the past three decades and more. The sphere of activity of criminal justice bodies also experiences an acute need for the assertion of national identity.  Purpose: To retrospectively examine the main segments of national criminal procedure legislation and practice that historically shaped their development strategy over many decades, to retrieve proven traditional approaches from oblivion and employ them as tools for strengthening Russia’s state law foundations. Methods: formal and dialectical logic, which allowed for tracing the patterns of the formation of the ideological and moral content of our criminal procedure legislation; comparison and description, which opened up possibilities for comparing and characterizing the key legal institutions that constitute the essence of the national identity of Russia’ criminal process; historical and interpretation of legal norms, used to draw conclusions about the inseparable connection between the psychotype of the Russian population and the paternalistic content of specific institutions, which affirm the historical form of Russia’s mixed criminal process. Results: The study reveals flawed decisions, implemented in the Concept of Judicial Reform in the Russian Federation and the Code of Criminal Procedure of the Russian Federation, which fundamentally distorted the nature of the national criminal process. Drawing upon the legislative and doctrinal achievements of patriotic national legal scholars, the article presents concrete proposals to rectify the imbalances and mistakes introduced in favor of liberal values. These proposals address key areas for strengthening the national identity of criminal justice, including its ideology and objectives, principles, the system-forming role of publicity, and the foundations of evidentiary activity for participants in criminal proceedings.