Basic concepts of the criminal process: critical analysis of the contents of article 5 Code of Criminal Procedure

Introduction: The article discusses the list of concepts set forth in Art. 5 of the Code of Criminal Procedure of the Russian Federation, the provisions of the Code of Criminal Procedure of the RSFSR of 1923 and 1960, the draft code of criminal procedure of the Russian Federation and the points of view of various authors on this issue are analyzed, the author's own opinions on the subject of the study are presented. The study and analysis of historical aspects allows, by comparing the basic concepts, to determine the content of Art. 5 Code of Criminal Procedure. Methods and materials: The legal and regulatory framework for the study was made up of the Code of Criminal Procedure of the RSFSR of 1923, the Code of Criminal Procedure of the RSFSR of 1960, and the current criminal procedure legislation that regulates. The methodological basis of the study was the general dialectical method of scientific knowledge, which is universal in nature, as well as the methods of logical deduction, induction, cognitive methods and techniques of observation, comparison, analysis, generalization and description. Results of the study: allowed to consider the basic concepts contained in Art. 5 of the Code of Criminal Procedure, their excessive list and inaccurate content, as well as the lack of fundamental concepts that permeate all stages of criminal proceedings. Findings and conclusions: the legislator has over-expanded as defined in Art. 5 of the Code of Criminal Procedure of the Russian Federation a list of the basic concepts of criminal proceedings, it includes private, technical procedures, which leads to duplication and competition of the basic criminal procedure terms, reducing their regulatory potential. Correction of the basic concepts of the criminal process can take place only in exceptional cases, especially in case of serious changes in the criminal procedure legislation, however, the list of basic concepts of criminal proceedings can be updated and in a “planned manner”, when, for example, it is obvious that it does not contain fundamental principles for criminal proceedings - procedural infrastructure provisions.