The principle of expediency of Russian criminal proceedings

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Introduction: the article considers the concept and content of the principle of expediency criminal proceedings, as well as its relationship with other principles of the criminal procedure in Russia. The foreign experience of applying the principle of expediency in criminal proceedings is considered. The concept and content of the principles of efficiency and rational criminal proceedings and their relationship with the principle of expediency are investigated. Materials and methods: the normative basis of the research was formed by the Criminal Procedure Code of the Russian Federation, as well as the criminal procedure legislation of number foreign countries. The methodological basis of the study was the general dialectical method of scientific knowledge, the methods of logical deduction, induction, cognitive methods and techniques of analysis, comparison, generalization and description. Results of the study allows for the conclusion that in foreign countries the issue of the expediency of criminal proceedings is decided at the stage of initiating a criminal case and is directly related to the discretion (choice) of authorized persons to carry out criminal prosecution. On the example of differentiation of production, the question is determined that the rationalization of criminal proceedings is not always due to expediency. Findings and conclusions: an assessment was made of the possibility of using foreign experience in the Russian criminal process. It is concluded that it is necessary to maintain a balance in matters of compliance with the principles of expediency, efficiency and rationality of criminal proceedings and the need for a more detailed study of this problem. Concrete recommendations are proposed for improving the order of criminal proceedings based on the principle of expediency.

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Criminal proceedings, principles of criminal proceedings, the principle of expediency, principle of rationality, principle of efficiency

Короткий адрес: https://sciup.org/143178185

IDR: 143178185   |   DOI: 10.24412/2312-3184-2021-3-167-177

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