IMPROVING FORMS OF JUDICIAL REVIEW AS A FACTOR OF NATIONAL IDENTITY IN RUSSIAN CRIMINAL PROCEEDINGS

Abstract

The research is relevant due to the crisis phenomena in the sphere of judicial review at the pre-trial stages of criminal proceedings. These phenomena, characterized by formalism, infringements on the rights of parties involved, and a lack of uniform procedure, demand a balance between effective investigation and individual protection. The purpose of the study is to substantiate the need for improving the norms of criminal procedure law to differentiate the procedural forms of judicial review, based on an analysis of its current problems and doctrinal approaches. The article utilized general scientific methods (analysis, synthesis, systemic) and specific legal methods: formal legal (in analyzing the norms of the Criminal Procedure Code of the Russian Federation, judicial practice, resolutions of the Plenum of the Supreme Court of the Russian Federation, and decisions of the Constitutional Court of the Russian Federation, as well as doctrinal sources), comparative legal (in comparing various types of judicial review), and legal modeling (in formulating proposals for structuring a section of the Criminal Procedure Code of the Russian Federation). Results: The article states that the current regulation of judicial review is insufficient and delegates detailed regulation to judicial practice. The article proves the need to combine the unity of basic principles with the differentiation of procedural form depending on the type of control (Articles 105.1–109, 125, 165 of the Criminal Procedure Code of the Russian Federation), the subject matter, and the standard of proof. The study proposes to consolidate and detail the norms on judicial review into a separate section of the Code of Criminal Procedure of the Russian Federation, which will ensure the protection of citizens’ rights, the effectiveness of justice, and the formation of a national procedural identity.