Frantsiforov, Y.V. Historical analysis of the problems of interpretation of the norms of criminal procedural law

Abstract: The object of studies in this article includes theoretical sources, reflecting the nature of interpretation of criminal procedural norms, specifying the procedure and results of interpretation, as well as the legislative acts regulating criminal procedural relations, causing complications in legal practice, ambiguous and unclear situations requiring interpretation. Currently in spite of detailed regulation of criminal law relations, the Criminal Procedural Code of the Russian Federation is not a fully comprehensive act, which could be characterized by logical completeness covering all of the spheres of activities in criminal law proceedings. The Criminal Procedural Code of the Russian Federation includes both internal and inter-systemic contradictions and gaps, which are being dealt with by various means, forms and methods. Interpretation of criminal procedural law in order to clarify its contents and establishing the will of the legislator plays a primary role among such means. In the process of studies the author used general scientific dialectic provisions on general, particular and specific elements, as well as methods of cognition, such as analysis and synthesis, formal logical and historical legal method. The scientific novelty of the article is due to uncovering an important problem in the sphere of criminal judicial proceedings and use of novel approaches to its resolution. The experience of the pre-Revolution procedural law scholars was successfully used in the drafting of the Charter of Criminal Judicial Proceedings of 1864, the Criminal Procedural Code of the RSFSR of 1922, 1923 and 1960, as well as the Criminal Procedural Code of the Russian Federation keeps serving Russia in the matter of improvement of criminal procedural legislation, and its interpretation may only be successful, when it corresponds to its purpose.

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