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I.L. Petruhin, G.P. Baturov, T.G. Morschakova, exploring the problem of efficiency of justice in the Soviet times, expressed many ideas related to the perspective development of the criminal and criminal procedural policy.

Specifically, in their opinion, ‘with increasing efficiency of Soviet justice the number of judicial errors will steadily decline’. ‘Value orientations for justice are developed and embodied in the legal norms by the legislator. ‘Weighting values’ is to be addressed when developing the main directions of the criminal policy, which is enforced by judges themselves, relying on the law and in accordance with their socialist legal consciousness. Together with the law certain value orientation by judges forms the goals for higher courts, the acts of judicial administration, ideas generated in science. Such changes in the criminal policy as a broad substitute of criminal punishment for measures of social influence, or, on the contrary, strengthening of criminal sanctions, the frequency and scope of amnesties, guarantees expansion of individual rights in criminal proceedings, etc., require strict and sober consideration of possible ‘for’ and ‘against’ consequences”. “...wider opportunities appear for determining the ‘strategy’ to combat crime in the conditions of strict observance of legitimacy by ‘weighing’ values, alternative consideration and choice thereof, in other words – the consideration of target functions...”. “The simultaneous improvement of the quality of judicial, prosecutorial, investigative work and the reduction of crime observed in the country allow for a more humane criminal policy”219.

Scientific literature discusses various aspects of the criminal, criminal-procedural policies. There are many approaches to the criminal policy revealing its contents: systemic ontological analysis of the policy; value approach defining its place and role; administrative, resource-based approach; the intellectual side of the criminal policy, i.e. social and legal thinking, etc.220

219Petruhin I.L., Baturov G.P. Morschakova T.G. Theoretical basis of the effectiveness of justice. – M.: ‘Nauka’, 1979. – p.7, 69, 92.

220See: Criminology and Criminal Policy / AS USSR. Institute of State and Law; Ed. Team: S.G. Kelina, V.M. Kogan, M.M. Slavin.– M., 1985. – 142p.; Zhalinsky A.E. Socio–legal thinking as a means of implementing a criminal policy / Issues of criminal policy. Interuniversity collection of academic papers. – Krasnoyarsk. Krasn. State University Publishing house, 1991. P.14–15; Korobeev A.I., Uss A.V., Golik Y.V. Criminal legal policy: Trends and Prospects / A.I. Korobeev, A.V. Uss, Y.V. Golik. – Krasnoyarsk: Krasn. State University Publishing House, 1991. – 240 p.; Ter–Akopov A.A. The criminal policy of the Russian Federation: the textbook. M.: MNEPU Publishing House, 1999.; Boskholov S.S. Fundamentals of Criminal Policy: Constitutional, criminological, criminal and legal, and information aspects / S.S. Boskholov. – 2nd ed., Revised. – M.: JurInfoR Center, 2004. – 303 p.; Stakhov Y.G. The concept, content and implementation of the modern trends in the Russian Federation Criminal Policy: Textbook / Y.G. Stakhov; Sci. Ed. V.P. Revin. – M.: MAKS Press, 2004. – 30 p.; List F. Objectives of Criminal Policy. The crime as a socio– pathological phenomenon / comp. and foreword V.S. Ovchinsky. M.: INFRA–M, 2004.; Lesnikov G.Y. The criminal policy of modern Russia: methodological, legal and organizational framework. Dis for Doctor. Jurid. Sciences. Moscow, 2005.; Boshuk V.A. Theoretical foundations of Russian criminal and legal policy in the national security. Dis for Cand. Jurid. Sciences. Krasnodar 2006.; Stakhov Y.G. Criminal policy and its implementation by the Russian Federation subjects. Dis for Doctor. Jurid. Sciences. Moscow, 2006.; Malysheva O.A. Modern criminal policy of the Russian state and its implementation at pre–trial stages of the criminal process. Dis for Doctor. Jurid. Sciences. Ryazan, 2006.; Tretyakov I.L. Criminal Policy of Russia: Theoretical and practical issues. Dis for Doctor. Jurid. Sciences. St. Petersburg, 2006.; Alekseev A.I., Ovchinsky V.S., Pobegaylo E.F. Russian criminal policy: Crisis recovery/ A.I. Alekseev, V.S. Ovchinsky, E.F. Pobegaylo. – M.: Norma, 2006. – 144 p.; Gavrilov B.Y. Modern criminal policy of Russia: facts and figures. – M.: T.K. Welby, Publishing House ‘Prospect’, 2008. – 208 p.; Boyko

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In the light of the modern development of the criminal policy, scientists have been investigating the processes of criminalization and decriminalization, penalization and depenalization in the field of criminal acts; the criminal policy in the sphere of punishment and stimulation, and so forth.221

According to I.L. Petruhin, criminal policy is “a set of ideas, plans and activities of state bodies aimed at curbing crime. The criminal policy is carried out in the areas of criminal law, criminal procedure, operational and investigative activities (OIA), penal law and is aimed at optimizing the activities of inquiry agencies, preliminary investigation, prosecution, OIA, courts and sentence execution state agencies”222.

As one of its directions, the criminal procedural policy has always had and will have a vector of development associated with a constant attention to quality and efficiency of criminal justice issues. According to F.N. Fatkullina, “under the effective procedural legal (as well as other legal) goal we should understand its ability to positively affect, with minimum costs, social relations in a given direction in those social conditions which actually exist in the period of its effect in the country”223.

The research by S.S. Boskholov sufficiently present the trends of the modern criminal procedure policy (the rejection of the possibility to solve social problems through coercion, suppression of the individual; turn to the humanization of the criminal policy; focus on

A.I. Criminal policy: study guide. Rostov n/D, 2008.; Lopashenko N.A. Criminal policy / N.A. Lopashenko. – M.: WoltersKluver, 2009. – 579 p.; Legal policy as a scientific theory in historical and legal research / ed. Doc. Jurid. Sciences, Doc. Philosophy, prof. O.Y. Rybakov. – M.: Statut, 2011. – 408 p.; Issues of Russian criminal policy / M.M. Baev, Y.E. Pudovochkin. – Moscow: Prospect, 2014. – 296 p.

Moreover, as early as in Soviet times, V.N. Kudryavtsev spoke about the goals of legal policy in the context of criminal law in general. See: Kudryavtsev V.N. General Theory of crimes classification. Moscow, 1972.

221Lyakhov Y.A. The essence and trends of criminal procedure policy of the Russian Federation: Abs. diss. for Doctor. Jur. Science. St.Pb., 1994.; Grevtsov O.V. Criminal policy of modern Russia and crime prevention. Dis for Cand. Jurid. Sciences. St. Petersburg, 2000.; Lopashenko N.A. Fundamentals of criminal law enforcement: criminal law, criminal legislation, criminal law policy. St.Pb.: Aslanov Publishing House ‘Juridical Center Press’, 2004. P.262– 316.; Ivanov S.V. The criminal policy of the Russian Federation: political–criminological and criminal–legal aspects. Dis. for Cand. Jurid. Sciences. Ekaterinburg, 2006.; Kubov R.H. Criminal policy in combating organized forms of criminal activity. M.: Granitsa, 2008. – 247 p.; Polikarpova I.V. The criminal policy of Russia in relation to offences against health and its impact on the classification of the crime: case study of liability for intentional infliction of grievous bodily harm. Dis for Cand. Jurid. Sciences. Saratov, 2008.; Semykin D.V. The criminal policy of the Russian Federation in counteraction to illegal circulation of narcotics, psychotropic substances and similar substances. Dis for Cand. Jurid. Sciences. Rostov n/D., 2008.; Shilov A.I. The criminal policy of Russia with respect to the military: Theoretical Aspects: monograph. – Ryazan, Acad. Law and Management. FSIN, 2008. – 220 p.; Oskina E.L. The role of the criminal policy of the Russian Federation in crime prevention. Dis for Cand. Jurid. Sciences. Krasnodar, 2009.; Aminov D.I. Modern approaches to building an effective criminal policy mechanism in the Russian state: Monograph / D.I. Aminov, A.Y. Solonin. Russian Ministry of Internal Affairs, Academy of Economic Security of the Russian Ministry of Internal Affairs, M., 2010. – 198 p.; Kagetov A.S. Cycles of criminal policy and law enforcement: monograph. St.Pb.: Saint–Petersburg St. Uni. of Service and Economics, 2010. – 371 p.; Maksimov A.M. Criminal policy in ensuring the security of the wildlife: legal issues, institutional and enforcement aspects: monograph. M.: Jurlitinform, 2012. – 350 p.

222Petruhin I.L. Judgment of acquittal and the right to rehabilitation: monograph. M.: Prospect, 2009. – 192 p. P. 37.

223Fatkullin F.N. Problematic issues of the effectiveness of Soviet criminal proceedings / Issues of efficiency of Soviet criminal proceedings. Ac. Ed. F.N. Fatkullin. Kazan, Publishing House of Kazan University. 1976. 159 p. P.13.

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international standards and experience in crime control; focusing the criminal policy on the revision of legislation in crime control with its compliance with the Constitution of the Russian Federation in mind) and its priorities (providing maximum security of the person, the human and civil rights and freedoms from criminal attacks, active opposition to organized crime, active corruption control, ensuring the economic security of the state, protection of the constitutional order and security of the state)224.

I.V. Pankina believes that the peculiar feature of the modern criminal procedural policy ‘is the democratization of its constituent elements’. “The main features of the criminal procedural policy unfold, above all, in the principles of criminal proceedings.” But “the democratization of the criminal procedural policy indicates the legislator’s attempt to turn the development of criminal proceedings in the direction of the classical ideology of adversariality, which is contrary to the traditions of our criminal proceedings”225.

The interconnection of the criminal policy and the principles of criminal justice is presented in the research of O.Z. Chelohsaev. “The essence of the principles of criminal proceedings is the reflection of the criminal procedural policy (ideology) of the state, which is a form of (branch) of the legal policy (ideology) of the state.” The essence of the criminal procedural policy ‘is to provide the proper organization of criminal proceeding and to aspire to implement this idea’. The principles of criminal proceedings are indicators of the criminal procedural policy.

According to O.Z. Chelohsaev, the subject of the modern criminal procedure policy includes the concept of restorative justice, juvenile justice, acceleration and simplification (rationalization) of criminal proceedings, social rehabilitation of the accused and the victim, etc. The concepts of criminal procedure are closely linked to the concepts of criminal law and criminology. The criminal procedure policy is a unity of purposes, tasks, goals, functions and principles of criminal judicial proceedings226.

According to G.K. Smirnov and A.L. Karabanov, currently, it seems urgent to alleviate the state policy in the field of criminal procedure compulsion, ‘to look for ways to improve public policy in this area’, for example, to introduce amendments with respect to tax crimes concerning the detention of suspects and the accused in criminal cases of this category227.

224Boskholov S.S. Basic Principles of Criminal Policy: Constitutional, criminological, criminal and legal aspects of information / S.S. Boskholov. 2nd ed., rev. M.: JurInfoR Center, 2004 P.32–59.

225Pankina I.Y. On the issue of democratization of Russian criminal procedure policy // Current issues of criminal justice: issues of theory, legislation, application (to the 5th anniversary of the Criminal Procedure Code of the RF). International research and practice conference proceedings. M.: Moscow State Law Academy, 2007 – P.93–96.

226Chelohsaev O.Z. Modern criminal procedure policy of the state / sc. ed. V.S. Djatiev. Vladikavkaz: Publishing and printing company named after V. Gassiyev, 2009. 240 p. – P.33–34.

227G.K. Smirnov, Karabanov A.L. Current issues of legal regulation of the crime. M.: Jurlitinform, 2012. – 216 p. P.104.

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It is obvious that many researchers of the modern criminal policy pay attention to its liberalization.

However, in spite of the liberal-democratic tendencies in the development of the modern criminal and criminal procedure policy, criminal events of the recent time defined different priorities: strengthening the fight against terrorist offenses and corruption; crimes related to drug trafficking; sexual abuse against children; violations of road safety rules by drivers under influence of alcohol or drugs which have caused loss of life, etc.

The criminal liability for these categories of crimes have been upgraded; the detention for up to 30 days on suspicion of committing terrorist crimes has been introduced; ‘terrorist elements of crimes’ have been exempted from the jurisdiction of the jury trial; the possibility of using the institutions of pre-trial agreement on cooperation and the special procedure for the trial of criminal cases of the above mentioned categories have been extended; lawmakers have tightened the requirements for the parole of convicted persons, etc.

The modern researches of the criminal policy are now deducing its trends from the annual Message of the President of the RF to the Federal Assembly of the RF228.

The President of the Russian Federation’s Message to the Federal Assembly of 2010 defines the tasks for 2011 and further years, which were to continue the development of the judicial system legislation; to reform the Ministry of Internal Affairs (establishment of the police in Russia); to improve the quality of investigation and prosecution (the creation of the Investigative Committee of Russia); improve the criminal and criminal procedural law (for petty crime, minor offenses to impose sanctions not involving imprisonment, especially to young people and adolescents, as well as to those who are first-time offenders; to annul the lower limits of sanctions for a number of offenses, to widely apply fines, community service), bearing in mind that ‘the power of the court is not in cruelty, but rather in the inevitability and fairness of punishment with the justice mission being not only to punish, but to correct’229.

According to the Russian President’s Message to the Federal Assembly of the RF of 2011, ‘a special role in the implementation of the effective criminal policy is to be given to the judiciary.

Whether the sentencing system will become more flexible, differentiated, and, therefore, more fair, etc., depends on it’230.

228See: Aleksandrov A.S. On modern criminal procedure policy / The judiciary and criminal procedure. Voronezh,

2012, №1. P.18–24.

229The President of the Russian Federation’s Message to the Federal Assembly of November 12, 2010 // Rossiyskaya gazeta. 2010. 13 November.

230The President of the Russian Federation’s Message to the Federal Assembly of 22.12.2011 // Rossiyskaya gazeta. 2011. December 23.

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–an effective mechanism for legislative activity, giving possibility to apply legally verified and understandable laws and regulations in the practice of subjects conducting criminal proceedings;

–an effective mechanism for proper arrangement of the court and its staff, law enforcement agencies, capable, in normal operation mode, to ensure criminal procedure activity and respective operative investigation, expert activities including, in the respect to detection, correction and prevention of investigative and judicial errors;

–effective criminal procedure mechanism as a mechanism specialized in criminal proceedings, with its own special purpose in criminal proceedings – elimination of errors.

Our research will definitely consider the need to improve the legislation in order to avoid miscarriages of justice; won’t ignore issues concerning the functioning of the organizational-legal mechanism which allows, at the level of providing clarification and guidance, management decision-making, the use of departmental law-making, etc., to adjust and direct the investigative and judicial practice with the purpose, again, of avoiding errors in the criminal procedure activities.

However, the main focus herein will be on the study of the current, effective at all the stages and phases of criminal proceedings, criminal procedure mechanism of eliminating errors, which, from the point of view of legal regulation, has a special place in the system of state legal means of dealing with these errors.

Current and future directions of the criminal policy in the state are its strategies. A strategy of the criminal policy is a certain set of relevant scientific theories, concepts, doctrines, formed in the scientific community, in the practice of the Constitutional Court of the RF, the Supreme Court of the RF, in the manifestos of the Russian state administration and its leaders, etc. Strategies in the criminal policy of the state are the goals for its implementation, its important and significant elements.

However, strategies in criminal, including criminal procedural, policy are not criminal procedure activities, but merely determining directions of these activities. These strategies have their own goals, objectives, principles, etc. But the implementation of these strategies involves a certain organizational and procedural mechanism.

Prior to talking about the organizational and procedural mechanism, it is worth noting that

the term ‘strategy’ is not used in the Russian legislation – the law has no standard reference of the term ‘strategy’ in the codified acts regulating jurisdictional proceedings. But the strategy in the theoretical aspect is seen an essential element of legal technologies implemented by many members of legal proceedings233.

233 See: Zashlyapin L.A. Fundamentals of the theory of effective legal representation: preliminary aspect. Ekaterinburg: Ural. Uni. Publishing House, 2006. P.348.

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The notion ‘strategy’ refers to a number of definitions which nowadays, ‘having broken’ the narrow limits of one science, are used a variety of sciences.

The Russian language defines the term ‘strategy’ as ‘the art of leadership ... as well as the general art of management planning based on correct and long term forecasts’234.

In accordance with this interpretation, there are four factors pushing humanity into the future: objectives, goals, emotions and values. Objectives, short-term goals are the tactics. Longterm goals are the strategy. A real strategy is always based on values. The strategy may not change dramatically, but may be adjusted.

The academic literature applies the above term in a figurative sense, with it referring to the ways and means to achieve in life some state, phenomena, and presents it in the form of specific recommendations.

M.V. Hodzhich defines the strategy as a totality including long-term goals determining the activities of an organization (strategic objectives); technologies with the help of which strategic goals are achieved; resources to be used in achieving the strategic goals; a management system which provides achievement of the strategic goals235.

Legal strategies have been addressed in the works of A.N. Arinin236, A.M. Goloschapov237, S.V. Malko238, A.N. Andreev and V.B. Korobov239, V.G. Pichugin240, etc.

With regard to investigative activities, G.A. Zorin defined the strategy as general programs of action for a sufficiently long period, as the choice of alternatives in the chosen ways of planning and implementation of crime detection, priority allocation when checking scenarios and defining the boundaries of stages, the formation of the system of goals and their distribution on the ‘tree of objectives’241.

Subsequently, G.A. Zorin defined the forensic strategy as a multifaceted, diversified phenomenon which is characterized in that it is logical and psychological transformation of goals and objectives; operational transformation which from appearing in the mind of the investigator until the last day of the investigation is relevant to the organizational and tactical actions and

234Ozhegov S.I., Shvedova N.Y. Dictionary of the Russian language. M.: OOO ‘ITI Technologies’, 2003. – 944 p. P.

235Hodjic M.V. Law enforcement strategy – the main element of strategic planning in the internal affairs bodies. RLS

‘Consultant’.

236Arinin A.N. On the new strategy for development of Russia. Federalism and Civil Society: ideological and theoretical, political and legal aspects / A.N.Arinin; Institute of Federalism and Civil Society. M.: Severo–Print 2000.

237Goloschapov A.M. The constitutional foundations of the state–legal strategy formation. Ab. of diss. for Can. Jurid. Sc. Moscow, 2004.

238Political and legal strategies of the Russian civil society institutes formation. Ab. of diss. for Can. Jurid. Sc.. Rostov–on–Don, 2009.

239Andreev N.A., Korobov V.B. Strategic management in law enforcement: study guide. Publisher: UNITY–DANA, 2010.

240Pichugin V.G. Business security: criminal prosecution defence. Publisher: Alpina Publishers, 2010.

241Zorin G.A. Heuristic methods of strategy and investigative activities tactics development. Grodno, 1991. P. 4–6.

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procedural ones; selection of alternatives in the chosen ways of planning and realization of crime detection242.

L.Y. Drapkin243, A.V. Dulov244, R.S. Belkin245, A.A. Eksarhopulo246 examined strategy issues in relation to forensic activity.

Strategies in the context of the public prosecution were studied by V.G. Ulyanov. He drew particular attention to the development of strategies in the prosecution: defining the main stages of the investigation, strategic objectives; targeted analysis of the case file, etc.; preparing of public prosecution strategies for implementation; defining of judicial (investigative) actions where staged and objectives of the strategy are to be achieved; defining the whole procedure of judicial investigation, etc. In view of the strategies identified herein, this study develops the tactics of public prosecution in court247.

The issues of the strategy in the context of the issues of tactics in relation to the advocacy have been examined in detail by M.O. Bayev and O.Y. Bayev248, E.A. Belkanov249, L.A. Zashlyapin250, V.S. Sorkin251.

Crime control is considered by scientists from the positions of the strategy. They believe that the science of management, defining the strategy, refers to methods of achieving objectives. Therefore, the strategy is the definition of long-term goals and priorities, the most important areas and means of reaching these goals252.

Foreign authors apply the strategic approach to the study of criminal behavior, which allows them to successfully develop the concept of police intelligence, the police intelligence model. Their studies in this area show that some types of crime (organized crime, terrorism, crimes against minors, etc.) may not be successfully solved without a strategic approach in the preliminary

242Zorin G.A. Forensic methodology. Minsk, 2000. P.20−21.

243Drapkin L.Y. Basic theory of investigative situations. Sverdlovsk, 1987.

244Forensics / Ed. A.V. Dulov. Minsk, 1996.

245Belkin R.S. Forensics: current issues. Problematic issues of Russian criminology. Moscow, 2001.; Belkin R.S. Course of forensics. M., 2001.

246Eksarhopulo A.A. The subject and system of criminalistics. SPb., 2004.

247Ulyanov V.G. Public prosecution in Russian criminal proceedings (procedural and criminological aspects). Ab. of

diss. for Can. Jurid. Sc. – Krasnodar, 2002.

248Baev M.O., Baev O.Y. Strategic principles of criminal defense tactics // Forensic aspects of professional criminal defense. Ekaterinburg, 2001.

249Belkanov E.A. The strategy of legal representation and professional deformation of legal consciousness // The federal legislation on the Bar: Practical Application and issues of perfection. Ekaterinburg, 2004.

250Zashlyapin L.A. Fundamentals of the theory of effective legal representation: preliminary aspect. Ekaterinburg: Ural. Uni. Publishing House, 2006. – 568 p .; Zashlyapin L.A. The main theoretical features of legal representation proficiency in criminal proceedings. – Ekaterinburg: Ural. Uni. Publishing House, 2007. – 576 p.

251Sorkin V.S. Strategy and tactics of criminal defense. Grodno, 1995.

252Borodin S.V. Crime control: a theoretical model of an integrated program. M., 1990. P.15; Kudryavtsev V.N. Strategies of crimecontrol. 2nd ed., rev. and ext. M.: Science, 2005. 38 p.;

Dolgova A.I. Issues of crime control strategy // Crime: control strategy / Ed. A.I. Dolgova. M.: Criminological Association, 1997. P. 6.; Kolesnikov V.I. Crime in Russia and control strategy // Crime: control strategy / Ed. A.I. Dolgova. M.: Criminological Association, 1997, pp. 18 – 27.

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investigation. The police intelligence successfully conducts strategic analysis of the criminal market, which is a fundamental element of the strategic analysis within solving specific crimes253.

N.G. Stoyko has been the first to speak about strategies in relation to models of criminal proceedings in the criminal procedure law. According to him, the criminal proceedings models may be integrated into the framework of six criminal procedural strategies (general models): 1) protection of the rights and freedoms of the accused; 2) the criminal prosecution; 3) social support of the accused; 4) social support to the victim; 5) the efficiency and effectiveness of criminal justice; 6) reconciliation254.

The strategies (models) addressed by N.G. Stoyko, in our view, define the current state and the prospects of development of the criminal policy in the administration of justice in criminal cases.

In the context of the problem of errors in criminal proceedings here discussed, the primary attention is paid to the two strategies (models), defined by N.G. Stoyko: the criminal prosecution and the protection of the rights and freedoms of the accused. In our opinion, other strategies are certainly relevant to the administration of justice in criminal cases, but their content is related to the implementation of the social role of criminal proceedings. Furthermore, supporting the strategic (model) approach of N.G. Stoyko in the comparative theoretical and legal study of AngloAmerican and Roman-Germanic legal systems, we deviate from the traditional definition of prosecution (accusation) and protection of the rights and freedoms of the accused (defense) as a criminal proceedings functions, since here it is important to examine the prosecution and protection of the rights and freedoms of the accused not only in the functional context (adherence to the current regulatory requirements by subjects conducting criminal proceedings), but also in the strategic context – current and future state and development of the two diametrically opposite in their direction models driving criminal proceedings and seeking to rapprochement to fulfill its purpose.

It is obvious that the two (important for the purposes of this study) strategies, i.e. prosecution and protection of the rights and freedoms of the accused, defined herein and other strategies identified by N.G. Stoyko are quite consistent with each other:

253 Simonovich B. Strategic approach of criminal investigation police in crime combating. // Criminalistics and Forensic Examination: Science, Education, Practice / gen. ed. S.P. Koushnirenko. St.Pb.: St. Petersburg State University Publishing House, 2012. – 676 p. P.588–595.

254 Stoyko N.G. Criminal proceedings of Western states and Russia: Comparative Theoretical Legal Study of Anglo– American and Roman–Germanic legal systems. Monograph St.Pb.: Saint–Petersburg State University Publishing House, SPBU Law Faculty Publishing House, 2006, p. 64.