CRIMINAL PROCEDURAL COMPETENCE OF THE COURT, JUDGE: RESULTS OF HISTORICAL AND LEGAL RESEARCH

The goal of the task. The court, the judge in criminal proceedings are the Central figures ensuring achievement of its appointment, implementing the principle of social justice. Speaking on behalf of the state, the court, the judge are called to demonstrate its main priorities in the regulation of public relations in the presence of criminal law conflict. The high purpose of judicial bodies can be realized only in the presence of sufficient and effective legal, procedural means, among which, first of all, the legislative formulation of competence should be referred. The purpose of this article is to focus the attention of the scientific community on the problem of historical continuity of modern criminal procedure regulation of the competence of the court, judge. The objectives of the retrospective study are to identify the existing platform and provide a new look at the essence, nature, content of the procedural competence of the court, judge in criminal court proceedings, their legislative improvement in accordance with modern realities. Methodology: in the course of the study, various General and private scientific research methods were used: historical, systematic, logical, functional and structural analysis, comparison, formalization, etc. Conclusions: as a result of the study, the following conclusions were formulated. 1. The resolution of the question of guilt or innocence of the defendant acts as a traditional interpretation of the content of the competence of the court. The recognition by society, the state and the individual of such values as human rights and the increasing need for their proper protection and protection leads the Russian state to an unequivocal desire to develop judicial procedures that protect the fundamental rights, freedoms and legitimate interests of man and citizen, expanding the procedural competence of the judge, the court and giving them appropriate procedural powers. 2. The historical dynamics of changes in the legal (procedural) position of the court, judge in criminal proceedings in two directions is clearly traced: - expansion of procedural competence. This is evidenced, in particular, by the inclusion in the competence of the court of those issues that at a certain historical stage were considered by other administrative bodies or criminal prosecution bodies; - the exclusion from procedural competence of a number of issues not covered by modern notions of justice, for example, trial. 3. In the historical development of the criminal procedural content of the competence of the court and the judge, the following stages can be distinguished: 1864-1917 - the period of formation of the judiciary as an independent branch of government in the state;1917-1934.;1934 to 1956 (58).;1958 - 1991;1991 - present. The concept of the procedural jurisdiction of the court, judges fundamentally changed: increased volume of questions put on the permission of the court, restricting the constitutional rights of citizens, seized the issues that testified on the implementation of the prosecution in the court. 4. Historical research has demonstrated the existence of the Russian tradition to consider the court as an active, independent and initiatory participant in criminal proceedings, whose activities are inextricably linked to the establishment of significant facts and circumstances. However, the content of modern legislation testifies to the multidirectional regulation of this part of the judicial competence, which creates significant obstacles in the implementation of the purpose of criminal proceedings in General. Possibility of further use: the Obtained results form the basis for the continuation of scientific discussions in terms of the development of the doctrine of judicial competence, the procedural position of the court in criminal proceedings. The results obtained and proposed for publication can be useful in optimizing the legislation of the Russian Federation, judicial and investigative practice, as well as be used in teaching relevant training courses in the field of "Jurisprudence" (bachelor's, master's, postgraduate). Practical importance lies in deepening and concretization of modern scientific knowledge in the sphere of procedural competence of the court, judge in criminal proceedings and allow to solve interrelated problems of legislative, investigative and judicial activities. The social significance of the results of the study is manifested indirectly by optimizing the procedural position of the court in criminal proceedings, which will bring to a qualitatively new level the protection of constitutional rights and legitimate interests of participants in criminal proceedings. The value of the study and the results obtained is due to the author's contribution to the deepening of theoretical knowledge about the criminal procedural competence of the court, the judge, the definition of modern prospects for its improvement. The work is intended for researchers and practitioners, students of law schools, graduate students, applicants.

court, judge, competence, criminal proceedings, Statute of criminal proceedings, decree on court, historical continuity