The Problem of Qualifying Deviations from the Norms of the Code of Criminal Procedure of the Russian Federation: “Permissible Error” or a Substantial Violation?

Abstract

Introduction. The article examines the sphere of violations of the criminal procedure law as an integral and permanent element of criminal procedure activity. The provisions on violations of the Criminal Procedure Code of the Russian Federation in the structure of Russian legal regulation are examined in connection with scientific works devoted to this area. Statistical data are provided indicating the prevalence of violations of the Criminal Procedure Code of the Russian Federation as grounds for the cancellation of court decisions in criminal cases. The author draws attention to the lack of study and unpopularity of this subject of legal research, which does not allow changing the current situation, due to the large number of cancellations of court decisions on this basis.

Methodology and materials. Using the method of functional analysis of normative acts in conjunction with the observations of some researchers and judicial practice, the author identifies the main approaches to the nature of criminal procedural violations, which for the purposes of this article are defined as a legal phenomenon.

Results and discussion. The author notes some patterns in the identification of procedural violations by participants in criminal proceedings in the form of a chain of procedural actions: declaration of a version by an interested party — verification by the court of the version about the presence of a violation — confirmation or refutation. There are two types of declaration of procedural violations: procedural and revisional, applicable to the subject that puts forward the version: a party to the case or the court. Recognition of violations is carried out in a procedural and audit procedure by those law enforcement officers who are empowered to make final decisions.

Conclusions. In formulating conclusions, the author highlights the theoretical and practical aspects of the problem of working on violations of criminal proceedings. It is proposed to regulate the activities of law enforcement officers in recognizing procedural violations in cases and proceedings as a subject of procedural evidence.