ON THE PROCEDURAL SUCCESSION OF INDIVIDUAL PARTICIPANTS IN CRIMINAL PROCEEDINGS

The domestic criminal procedure law, in strictly defined cases, provides for the possibility of transferring procedural rights from one person to another. Still, the legislator does not call this process «succession», nor does it provide a detailed procedure for the «replacement» of a participant in criminal proceedings by a successor. Judicial practice confirms the existence of a problem with insufficient legal regulation of the institution of criminal procedural succession, and the Constitutional Court of the Russian Federation has expressed more than one legal position on this issue. However, the relevant amendments to the Criminal Procedural Code of the Russian Federation have not yet been made. The author notes the features and disadvantages associated with the procedural succession of the status of such a participant in criminal proceedings as a victim. In particular, she points out the inadmissibility of succession of the status of a victim-corporation, as well as the lack of detailed regulation of the procedure for transferring the rights of a deceased victim to their legal successors. Based on the conclusions of the Supreme Court of the Russian Federation, the author suggests that the provisions providing for the succession of a victim can be applied by analogy to the status of a civil claimant. The approaches of legislators of some member states of the Commonwealth of Independent States to the regulation of the succession institution are presented. Attention is paid to the issue of the possibility of transferring the rights of a deceased suspect (accused) to their close relatives. It is emphasized that the succession of the status of a suspect (accused) can be exclusively procedural.