Influence of Defects Criminal Procedure Legislation on Law Enforcement

The article is dedicated to the problems of criminal procedural law defects. It is noted that the active lawmaking that is peculiar to modern reformative processes in the society preconditions essential amendments of criminal procedural law, namely the introduction of amendments to sole existing statutes or adoption of conceptually new legislative acts that are not always coordinated and do not always correspond to the legislative technique, as well as contain the redundancy of legal regulation that brings forward the pressing need for its critical re-evaluation in terms of legislative technique quality. The article stands out main generalized forms (directions) of adverse effect of criminal procedural law defects on established practice in applying the law. In particular, they include the failure to achieve (or reduced efficiency of achievement) the tasks of criminal procedure and their distortion, loss of timing budgets, rise of conflicts between participants of criminal procedure, loss of evidentiary information,
insecurity of rights, freedoms and legal interests of parties to a criminal proceeding, deviation from criminal form of action, reduction of instrumental value and authority of criminal procedure. The article reveals the defectiveness of CPC norms in terms of European standards, embodied in past practice of corresponding legal institutes, particularly in the practice of European Court of Human Rights.