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Criteria for Differentiation of Criminal Procedural Form
- Authors: Kripinevich S.S.1
-
Affiliations:
- Russian State University of Justice named after V. M. Lebedev
- Issue: No 11 (2025)
- Pages: 81-88
- Section: Criminal law studies
- Published: 25.11.2025
- URL: https://ogarev-online.ru/2072-909X/article/view/360067
- ID: 360067
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Abstract
The article is devoted to the study of the development of the domestic criminal procedural form at the present historical stage by means of its differentiation. In the criminal procedural science, there is an increase in the number of critical assessments of the growing number of variable procedures, formalities and many conditions in differentiated forms. The absence of a single conceptual model and basic criteria for differentiation of the criminal procedural form, unjustified fragmentation of the general form can negatively affect the effectiveness of legal protection.
The study is based on general scientific and specific scientific methods of cognition, which made it possible to analyze sources on the selected topic and synthesize knowledge about the current state of the domestic criminal procedural form. The analysis of opinions presented in the criminal procedural science regarding the grounds (criteria) for differentiation of the criminal procedural form made it possible to formulate significant theoretical conclusions of the author of the manuscript on the issue under study.
The author comes to the conclusion that it is important to maintain a balance between the general form and the features associated with differentiation. The main criterion for differentiating the criminal procedural form, according to the author, should be the subject’s feature, clearly formulated and excluding ambiguity, forming the need to increase the level of protection of rights. The content of the differentiating criterion should predetermine the content of the variable form. The findings are scientifically novel and of practical significance, since they contribute to the improvement of criminal procedural legislation and the development of the science of criminal procedural law.
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About the authors
Svetlana S. Kripinevich
Russian State University of Justice named after V. M. Lebedev
Author for correspondence.
Email: s.kripinevich@yandex.ru
ORCID iD: 0000-0002-7796-1753
Candidate of Science (Law), Associate Professor, Deputy Head of the Radutnaya Criminal Procedure Law Department
Russian Federation, MoscowReferences
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