On the need for legislative regulation of the procedural legal personality of participants in criminal proceedings

Abstract

The article deals with the problem of the lack of norms in the law on the regulation of criminal procedural legal personality (legal capacity) of participants in legal proceedings. The gap currently available does not allow for a uniform solution of many practical issues related to the possibility of independent implementation by the subjects of the process - mainly minors - of the rights and obligations granted to them by law. After studying the provisions of the Criminal Procedure Code of the Russian Federation, it was concluded that the individual acquired full procedural capacity upon reaching adulthood. The paper substantiates the need to introduce a definition of procedural legal capacity into the law, differentiation in the Code of Criminal Procedure of the Russian Federation of the scope of legal capacity of participants of different ages (full, partial), as well as determining the list of rights that a partially capable participant can exercise independently, and which with the help (or with the consent) of a legal representative. The study used foreign legislation regulating criminal proceedings and the Model Code of Criminal Procedure for the member States of the Commonwealth of Independent States.