LEGAL REGULATION AND DEVELOPMENT OF SILENT FORMS OF CRIMINAL PROCEEDINGS IN RUSSIA

Abstract

The author analyzes silent forms of criminal proceedings at both the pre-trial and trial
stages. Their value for detection and investigation of crimes, as well as proceedings is demonstrated.
The necessity to develop statutory regulation of the use of silent forms of criminal
proceedings is stated.
In particular, more detailed legal regulation is required for the use of the results of operational
investigation in criminal proceedings. Attention is drawn to the fact that the problem
can not find proper legal authorization over the past decades. Rigid distinction of the
criminal process and operational investigation is exclusively peculiar to the Russian legislation.
At the same time the judicial practice, the decisions of the judiciary and the position of
scientists reflect different approaches in solution of this issue.
It is determined that the various kinds of exceptions to the rules of criminal procedure,
non-procedural activities of the investigator or interrogating officers, detection, personal
investigation, special investigation activities are considered beyond silent forms of criminal
proceedings. The fact that silent forms are designed to provide quick and full disclosure of
crimes; state protection of victims, witnesses and other participants in criminal proceedings,
as well as many other problems of the criminal process is actualized.