ISOLATED LEGISLATIVE REFORMS OF CRIMINAL PROCEDURE AS AN OBSTACLE TO THE CONVERGENCE OF PROCEDURAL LAW release_wzkop4c3orcybgfiao5lvisqpy

by Sharipova Aliya Rashitovna

Published in The rule-of-law state: theory and practice by Bashkir State University.

2022   Volume 18, Issue 1(67), p156-165

Abstract

The urgency of developing unified approaches to the reform of procedural legislation is justified by its aggravated lack of system and chaotic nature of the changes introduced. Purpose: to analyze the current legislative work on the reform of criminal procedure and other legislation and its impact on the quality of criminal proceedings and the prospects for its convergence with other types of judicial process. Methods: the method of comparative law is the determining method of the research. In addition, general and special methods are applied (analysis and synthesis, logical, special-legal). Results: the study reveals the lack of consistency between the changes made and those planned in the sectoral procedural legislation. The development of digital technologies contributed to the spread of the use of web conferences in court and capabilities of Portal of Government Services in arbitration, civil and administrative proceedings, but not in criminal ones. The bills under consideration in the State Duma of the Russian Federation to modify the procedure for appealing challenges in criminal proceedings and to exclude decisions on administrative offences from the list of acts of prejudicial significance in criminal proceedings, do not take into account the state of the relevant universal institutions in other forms of justice.
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