PRE-TRIAL PROCEEDINGS: PROSPECTS OF DEVELOPMENT

The article analyzes the problems and prospects of development of pre-trial proceedings and its place in the criminal procedure system. Almost two decades have passed since the adoption and entry into force of the Criminal Procedure Code of the Russian Federation – a sufficient period to think about the prospects for further development of criminal procedure legislation. The period of comparison with the Criminal Procedure Code of the RSFSR in order to demonstrate the advantages of the new law is completed, and the process of identifying and eliminating its shortcomings seems to be endless. The vast array of changes made to the criminal procedure act had transformed his face, but had they made it more perfect? What next-to continue to reform the criminal justice system, improving its institutions, or time dictates the need to develop a fundamentally different model of criminal proceedings? The article considers the proposals for reforming pre-trial proceedings from the standpoint of the theory of evidence, analyzes the project of introducing the figure of an investigative judge into the criminal process of the Russian Federation, and concludes that there is no alternative to moving in the direction of the development of competitiveness. The differences between the inquiry and the preliminary investigation are so insignificant that they allow us to raise the question of the unification of pre-trial proceedings in cases of crimes requiring preliminary investigation, and the absorption by the pre-investigation check of the current abbreviated form of inquiry in cases in which the investigation is not caused by an objective necessity. As a result in the Russian Federation the concept of judicial proofs – data on the circumstances having value for business received in fair (competitive) procedure by the judge from the sources presented by the parties has to be formed.