Timeliness of criminal law conflict authorization as a principle

The study of criminal procedural principles seems relevant in connection with their normative consolidation and the direct influence on the formation of criminal procedural institutions and individual norms. The addition of the current Code of Criminal Procedure to the new principle of the reasonable duration of criminal proceedings in article 6.1 defines new guarantees for the protection of the rights of the accused, the victim and other participants in the criminal process. At the same time, since the introduction of article 6.1, the Code of Criminal Procedure of the Russian Federation has been amended and supplemented on the basis of four laws. In addition, two Decisions of the Constitutional Court of the Russian Federation were adopted, which established inconsistency with the norms of the Constitution of certain provisions of Art. 6.1 of the Code of Criminal Procedure of the Russian Federation. The purpose of the real work is expressed in definition of the reasons of addition of the Criminal Procedure Code of the Russian Federation with the new principle, clarification of need of addition of contents of Article 6.1 of the Criminal Procedure Code of the Russian Federation with new norms and in other edition, the analysis of two Resolutions adopted by the Constitutional Court of the Russian Federation concerning check of constitutionality of content of the principle of the rationality of term of criminal proceedings enshrined in Article 6.1 of the Criminal Procedure Code of the Russian Federation. As a result of the study, the following conclusions were made. The formation of modern criminal procedure legislation is significantly influenced by the legal positions of the Constitutional Court of the Russian Federation. In particular, this conclusion is confirmed by the introduction of amendments and additions to the content of Article 6.1 of the Code of Criminal Procedure of the Russian Federation, which brought the norm in accordance with constitutional provisions. The relevant Decision of the Plenum of the Supreme Court of the Russian Federation of 29.03.2016 № 11 «On certain issues arising in the consideration of cases of awarding compensation for violation of the right to judicial proceedings within a reasonable time or the right to execute a judicial act within a reasonable time» led to uniformity in the law enforcement activities of the criminal prosecution authorities and the court. The expanded scope of article 6.1 of the Code of Criminal Procedure of the Russian Federation and the proposal to move new parts of this norm to Art. 124 and 125 of the Code of Criminal Procedure of the Russian Federation.

principle, rationality, terms, criminal case, legal proceedings