On the Question of the Means Affecting the Achievement of the Effectiveness of Criminal Procedural Activity

Abstract

The relevance of the chosen topic is due to the absence in the doctrine of scientific research related to the problems of ensuring the effectiveness of criminal procedural activity. The purpose is to identify, structure and study the means that affect the effectiveness of procedural activities in order to further optimize them. The objectives of the research are: classification of means that ensure the effectiveness of criminal procedural activity; development and justification of the feasibility of identifying several levels at which the tasks of ensuring the effectiveness of procedural activities are solved; characteristic of each level. Methodology. The methodological basis of the research was formed by the method of dialectical cognition; specific sociological methods: questioning, observation; method of system-structural analysis; and etc. Results. 4 levels were identified and substantiated, on the basis of which the means that affect the effectiveness of criminal procedural activity are manifested - this is the scientific level, legislative, law enforcement and personal. Conclusions. The scientific level, in the author's opinion, is manifested in the development of a scientific concept of the organization of criminal proceedings, as well as in the development and application of scientific achievements that are in demand in practice, their substantiation and adaptation in criminal procedural activities. The legislative level of ensuring the effectiveness of the criminal procedure is formed both from the development by the legislator of an impeccable legal framework, and the formation of the legal positions of the Supreme Court of the Russian Federation and the Constitutional Court of the Russian Federation regarding controversial issues of interpretation of certain norms of the law and their compliance with the Constitution of the Russian Federation, as well as the correctness of application. The law enforcement level covers the means and methods, as well as the organizational aspects of criminal procedure. The author substantiates his opinion that law enforcement should contain a stage of execution of decisions to the extent that criminal procedural issues are resolved. The personal level is the conscious activity of the participants in criminal proceedings, based on their knowledge, will, motivation for their actions and decisions, as well as psychological and moral attitudes.