ABOUT THE CONCEPT AND LEGAL REGULATION OF CRIMINAL-PROCEDURAL VIOLATION

Criminal procedure responsibility as an independent type of legal liability, is recognized by most scientists involved in the said issues. The Code of Criminal Procedure, it is represented by a penalty, as the monetary penalty. However, according to the general theory of law, legal liability arises only for the committed offense. Therefore, in criminal proceedings the commission of the offense of criminal procedure is the reason of the criminal-procedural responsibility. However, in Russian criminal procedural law, the term “offense” is not used, just as not using the term “procedural responsibility”. As a result, the law enforcement agencies have difficulty in identifying procedural violations and imposition of sanctions. In this article we will explore the concept of criminal procedural violations in terms of the theory of criminal procedure and the current legal regulation, as well as considering the problems in legalizing procedural violations (misdemeanors).