CRITERIA OF RELEVANT POSITION TO THE SYSTEM OF PRINCIPLES OF THE CRIMINAL PROCESS IN RUSSIA

The chapter № 2, which is called «Principles of criminal justice», in the current Code of Criminal Procedure in the Russian Federation is included. Some authors are satisfied with this and believe that each of the norms of this chapter formulates this or that principle, but there are not so many norms. Most of it, starting with their understanding of the principle, offers a different number. The author of this text also has its own idea of what should be put into the content of the concept of «principle». Firstly, it is requirement to activities, the implementation of which guarantees the achievement of the goal of criminal process. With the help of this approach from the mass of norms-requirements are exuded those without realization of which it is impossible to obtain the result or the received result can not be accepted. The very concept sets the criterion for assigning this position to the system of principles. But each result requires an additional verification. For this purpose, developments in the theory of systems were used. From the standpoint of systems approach, any activity, including criminal procedure, can be regarded as a system. Based on the fact that principles should be built into
the activities of elements, it is as systemic as system activity itself. Therefore, in the case of analysis from the position of compliance with the criteria of the element of the system we can determine what the concept is. Authors, who used the systems approach to solve the problem in question, do not differentiate the concept of the system and system-forming signs. In this text it was done and it was made possible to determine the criteria for assigning provisions to the system of principles and to confirm the accuracy of what we had already allocated to in this concept.