On the Issue of the Legal Nature and Significance of the Special Procedure for Making a Judicial Decision

The article examines the theoretical and practical aspects of the application of a special procedure for making a judicial decision in criminal proceedings regulated by Chapter 40 of the Criminal Procedure Code of the Russian Federation. Particular attention is paid to the legal nature of this institution. The author analyzes the significance of the special procedure as a mechanism aimed at optimizing the work of courts and reducing the burden on justice bodies by simplifying the procedure for considering cases with the consent of the accused with the charges brought. The article examines the conditions and limitations of the application of this procedure, including the voluntariness of the consent of the accused, the presence of an evidence base and the absence of contradictions between the parties. Based on the analysis of judicial practice, problems arising from the application of the special procedure are identified, such as the risk of formalism, insufficient protection of the rights of the accused and the need to improve legislative norms to ensure a balance of interests of the participants in the process. Based on the analysis of scientific positions of regulatory legal acts, the author formulates a conclusion that the “special procedure” for making a judicial decision is an independent institution of criminal procedural law. Since it has an independent form of judicial proceedings, which is regulated in detail by the legislator by the norms contained in Chapter 40 of the Criminal Procedure Code of the Russian Federation.