Legal certainty and formalization in the improvement of the criminal procedure form

The subject of the research is the criminal procedure form. The need to improve criminal procedure law leads scientists to form numerous proposals for correcting its content. The proposals are based on the desire to ensure the effectiveness of the criminal procedure form, to increase the level of protection of the rights and legitimate interests of participants. However, the vast majority of opinions expressed in criminal procedure science regarding ways to improve the domestic criminal procedure form are related to the introduction of various additions to the current criminal procedure law, as well as a rather monotonous tendency to improve the criminal procedure form exclusively by the way of its formalization. Such an increase in formalization leads to an increase in the number of contradictory rules that do not correspond to other criminal procedural provisions and are not interrelated with them. The research is based on general scientific and private scientific methods of cognition, which made it possible to analyze sources on the chosen topic and synthesize knowledge about the current state of the domestic criminal procedure form. The analysis of the opinions presented in criminal procedure science regarding the directions of improvement of the criminal procedure form allowed us to formulate significant theoretical conclusions of the author of the manuscript on the studied aspect. The article formulates and substantiates the author's position on the need to diversify the ways to improve the criminal procedure form, among which both the detailing of the criminal procedure form and its differentiation should be used. The leading method of improving the domestic procedural form is formalization. According to the author, individualization should play a positive role in the implementation of this method of further improvement of the criminal procedure form, which, in fact, "launches" the process of formalization. As a result of the research, the author formulated the idea of taking into account to a certain extent the scientific concept of the so-called framework procedural regulation. The main condition in this approach is the recognition by the legislator and the normative consolidation of the powers of officials and state bodies to independently take into account the circumstances that arise within the framework of specific procedural situations and apply alternative procedures to individualize production.

criminal proceedings, the criminal procedure form, improvement, details, formalization, legal framework regulation, procedural decision, individualization, participants in criminal proceedings, formal certainty