PROBLEMS OF ENSURING THE SAFETY OF PARTICIPANTS CRIMINAL PROCEEDINGS IN THE CONTEXT OF ART. 302 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION

The article is devoted to the issue of ensuring by criminal legal means the safety of participants in criminal proceedings from coercion on the part of officials and other persons acting with their knowledge or tacit consent, as one of the forms of implementing the constitutionally guaranteed right to respect for their dignity during the preliminary investigation and trial. Despite widespread reports of coercion being used in practice to obtain evidence by law enforcement officials, official statistics show quite the opposite, due in no small part to problems with the quality of the criminal law applied. Based on the analysis of the elements of a crime under Art. 302 of the Criminal Code of the Russian Federation, in the context of the latest editorial changes introduced by Federal Law No. 307-FZ of July 14, 2022, clarifications of the Supreme Court of the Russian Federation on issues of judicial practice in this category of cases and their differentiation from related crimes, the author concluded that her condition does not meet requirements of legislative technology, and therefore the norm needs further improvement.