UDC 342.722
UDC 343.1
The article examines the features of the implementation of the principle of equality of all be- fore the law and the court in criminal proceedings, which is one of the fundamental provisions of a modern legal state. The author analyzes the content of this principle, its normative consolidation in the Constitution of the Russian Federation and criminal procedure legislation, and identifies existing problems of its practical application. Particular attention is paid to issues of ensuring equal access to justice, non-discrimination on any grounds, including social status, nationality, religious beliefs and other factors that can affect the objectivity of the trial. As well as the formulated author’s proposals that made it possible to eliminate the contradictions identified during the study.
principle of equality, criminal proceedings, discrimination, special status, initiation of criminal proceedings, detention, performance of investigative and other procedural actions
1. Korobeynikov I. I. The principle of equality of all before the law and the court and its implementation in modern legislation // Challenges of globalization and development of society in the context of the new reality (code – MKVG) : collection of materials of the 16th International scientific and practical conference (Moscow, May 22, 2024). Moscow : Center for the Development of Education and Science, 2024. P. 76–82. (In Russ.)
2. Romanenko N. V. Equality before the law and the court as a constitutional principle of justice // Society and law. 2014. No. 2 (48). P. 215–221. (In Russ.)
3. Zadorozhnaya V. A. The content of the principle of equality of all before the law and the court in criminal proceedings // Bulletin of South Ural University. 2006. No. 5. P. 136–139. (In Russ.)
4. Debysheva E. A. A balance between the principle of legal certainty and the principle of equality of all before the law and the court // Bulletin of Liberal Arts University. 2021. No. 4 (35). P. 32–35. (In Russ.)
5. Galuzina K. A. Criterion for differentiating the principle of equality of citizens before courts and the principle of equality of arms in action // Russian journal of legal studies. 2024. Vol. 11, no. 2. P. 77–82. (In Russ.)
6. Khodjaliev S. A. Categories of persons in respect of whom a special procedure for criminal proceedings is applied // Young scientist. 2016. No. 10 (114). P. 1070–1071. (In Russ.)
7. Zubakin V. Yu. The place and importance of the principle of equality before the law law and the court in the system of principles of law-governed state // Leningrad law journal. 2014. No. 3 (37). P. 13–21. (In Russ.)
8. Putilov P. N., Stepanov V. E. Law-governed state: implementation of the principle of equality in criminal and criminal procedural law of the Russian Federation // Scientific bulletin of the Omsk Academy of the MIA of Russia. 2021. Vol. 27, no. 1 (80). P. 32–38. https://doi.org/10.24411/1999-625X-2021-11006. (In Russ.)