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CRIMINAL PROCEEDINGS AND THE CIVIL SOCIETY'S INSTITUTIONS IN RUSSIA: THE COOPERATION SYSTEM AND THE SOCIAL FACTORS INFLUENCING ITS EFFICIENCY
Abstract
The aim of the research undertaken by authors is to define the optimal way of interaction of civil society institutions and criminal proceedings in Russia. Its methodology included both the general scientific methods and the specific juridical methods of cognition. The main results of the research include new knowledge about the possibility to implement into the criminal proceedings the institutions which can exercise effective control over the course of the investigation, and to promote the administration of justice. The development trend of the criminal procedure law in recent years, reflecting the desire of the legislator to engage in the sphere of administration of justice an increasing number of Russian citizens through the expansion of private grounds in the criminal proceedings. However, the underdevelopment of civil society in Russia significantly slow down this process, which negatively affects the rule of law in Russia. The negative role is played by the fact that citizens distrust the law enforcement authorities and do not wish to cooperate with them. Based on this, the authors have identified and described the functional matrix of social interaction between civil society and the criminal procedure, described its basic institutions (the activities of voluntary national teams, an attesting witness, jurors and conclusion of pretrial agreement on cooperation). Finally, the ways of further development of existing institutions of interaction between civil society and criminal justice are suggested, as well as the ways of creating new ones, following the directions of the control and assist the preliminary investigation and the administration of justice. So the results of the research make a new basis for the further criminal justice studies and can be used in correcting the criminal procedure law to improve ways of interaction of civil society institutions and the criminal justice proceedings.
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