On the Role of the Constitutional Court in Criminal Proceedings in the Light of Amendments to the Constitution of the Russian Federation

The purpose of the research is to analyze and evaluate the various forms of influence of the Constitutional Court on criminal proceedings, to assess the compliance of these forms with the provisions of the CPC, as well as to search for effective mechanisms that would allow the Constitutional Court to positively influence criminal procedure activities. Correcting the shortcomings of legal regulation and law enforcement practices will increase the level of ensuring the rights and legitimate interests of citizens in the criminal process of Russia. Results. The author comes to the conclusion that the CPC implements the principle of unconditional execution by Russia of the ECHR decisions, which is not consistent with the Constitution, the Federal Constitutional Law «On the Constitutional Court of the Russian Federation» and the legal positions reflected in a number of decisions of the Constitutional Court. Among the significant gaps in the legal regulation that need to be addressed, the author calls the following: there is no procedure for suspending the execution of an ECHR decision, in case of sending a request to the Constitutional Court about its constitutionality; the activities of the Chairman and the Presidium of the Supreme Court are not regulated when a decision of the ECHR reveals contradictions to the Constitution and the foundations of public law and order; the procedure for the actions of participants in criminal proceedings is not regulated if the Constitutional Court has ruled that the ECHR decision cannot be enforced. The author notes that in the light of the amendments to the Constitution, the current system of new circumstances entailing the resumption of criminal proceedings has become outdated and requires adjustment. In this connection, the article suggests a way to adjust it. Based on the analysis of law enforcement practice, the author comes to the conclusion that the Constitutional Court is quite formal in determining the degree of exhaustion of all means of domestic judicial protection in criminal cases.

the Constitutional Court, the European Court of Human Rights, the new circumstances, the Constitutionality of the amendments to the Constitution