Peculiarities of assessment of circumstances excluding participation of representatives of preliminary investigation bodies and the court in criminal proceedings

Introduction. The article analyzes the legislative provisions related to the establishment and evaluation of circumstances excluding the participation in criminal proceedings of a judge, prosecutor, investigator, head of the body of inquiry, head of the subdivision of inquiry, inquiry officer. The problems of legal regulation of these issues are revealed, as well as the areas of improvement of the norms formulated in Article 61 of the Criminal Procedural Code of the Russian Federation. The aim is to identify the peculiarities of assessment by a number of officials of interpersonal relations of participants in criminal proceedings when making a decision on challenge and their reflection in the relevant legislative provisions. Materials, Results and Discussion. The approaches presented in the paper correlate with the socio-ethical characteristics of the personality of individual participants in criminal proceedings. Kinship and other interpersonal relations are considered as a factor that has a significant impact on decision-making in criminal proceedings. Measures aimed at minimizing the influence of these relations on the sphere of criminal proceedings are defined.