Criminal procedural guarantees of non-disclosure of pre-trial data in the "guarantees of justice" system

This article is devoted to the issue of ensuring the confidentiality of pre-trial data in criminal proceedings in Russia. The relevance of the topic is determined by the growing need for a balance between the principles of transparency and publicity, on the one hand, and the need to protect the rights of participants in criminal proceedings, privacy, and ensuring "investigative secrecy", on the other. Modern realities associated with the rapid development of information technology and mass media pose new challenges for law enforcement in terms of maintaining the confidentiality of important procedural information. The lack of clear differentiation and systematization of existing procedural guarantees, as well as gaps in their legal regulation and law enforcement practice, create preconditions for the violation of citizens' rights and hinder the effective investigation of crimes. The research methodology includes: a formal and legal analysis of the norms of the Criminal Procedure Code of Russia and the Criminal Code of Russia; a comparative legal analysis of approaches to the protection of "investigative secrecy"; a systematic approach to identifying the relationships between criminal procedural guarantees of non-disclosure of pre-trial data and other "guarantees of justice" was used; a formal logical method was used to identify the essence and formulate the conceptual apparatus. The study revealed gaps in the legal regulation of the studied area of criminal procedural relations; a differentiation of guarantees of non-disclosure of pre-trial data by subjects, objects, and implementation mechanisms was substantiated; provisions aimed at improving the legal regulation of this institution were developed, the implementation of which will not only eliminate existing gaps in legislation and law enforcement practice, but also significantly strengthen the protection of citizens' rights, and increase the efficiency of all criminal proceedings. In conclusion, the author of the article comes to the conclusion that a modernization of legal regulation of the studied area of criminal procedural relations is necessary, based on a differentiated approach and a systematic vision of the place of guarantees of non-disclosure of pre-trial data among other "guarantees of justice" in order to ensure fair justice.

criminal proceedings, pre-trial proceedings, pre-trial data, non-disclosure of data, investigative secrecy, guarantees of justice, criminal procedural guarantees, guarantee, publicity, protection of individual rights