Legal Certainty as the Basis of Criminal Proceedings: From Theory to Legislation Improvement

The paper is devoted to an important problem of legal certainty in the Russian criminal procedural law and activity regulated by it modern conditions. These are characterized, among other things, development digital technologies, context improving (procedural) organizational aspects pre-trial judicial proceedings. author conducts analysis decisions European Court Human Rights, which considers principle as inherent Convention for Protection Rights Fundamental Freedoms one fundamental manifestations rule law. studies positions Constitutional Federation showing that uncertainty leads arbitrariness; generally recognized general legal; need ensure operation analyzed system follows from international obligations Federation. It emphasized both norms enforcement practice must meet certainty. Given nature proceedings, objectively characterized possibility restricting rights legitimate interests individuals entities, widespread use measures state coercion, author, order increase efficiency activities participants proceedings endowed with powers authority guarantee proposes make additions Art. 1 Criminal Procedure Code first step towards solving problems