Magomedova, P.R. Topical problems in the sphere of guarantees of the constitutional principle of equality in court and under law

Abstract: Equality of all under the law and in court requires unified application of legal provisions and procedural rights provided for by the law for every person no matter of sex, race, nationality, language, heritage, proprietary and official position, place of residence, attitude to religion, beliefs, involvement in public associations or any other circumstances. The principle of equality, as enshrined in the Art. 19 of the Constitution of the Russian Federation and reflected in the Criminal Code of the Russian Federation and Criminal Procedural Code of the Russian Federation, is interpreted ambiguously in some cases. It causes problems in the sphere of guarantees of the principle of equality of all under law and in court, and substantiation of its necessity and possible solutions are presented in this article. Theoretical conclusions and practical proposals are developed based upon the results of critical analysis of existing concepts and teachings, historical prerequisites, legislative materials, law-enforcement materials and legal interpretations. Analysis of the Russian legislation from the standpoint of the forms of implementation of the constitutional principle of equality has allowed to formulate and substantiate the need to form clear boundaries between the need for additional protection for a person implementing important functions for state and society and to avoid his impunity for the violations of law, to regulate the amount of legal immunity of a certain category of subjects of law proportionately to their service functions. IT shall allow to preserve the meaning of legal immunity as means and guarantees for protection, while not using it for personal privileges, to limit the tendencies for widening the range of persons with special legal status. Since all of the legal immunities are based upon the idea of protection from false accusation, the growth of categories of persons in need of immunity shows that the presumption of innocence, as guaranteed by the Constitution of the Russian Federation to all of the citizens of Russia loses its topicality.

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