REFUSAL OF THE SUBJECTIVE RIGHT (WAIVER) IN CRIMINAL PROCEDURE
The article deals with criminal waiver (refusal of the right in criminal procedure) as a legal phenomenon as well as highlights the terms and guarantees of its legitimacy. The author considers subjective rights to be benefits that are granted to the participants in the criminal proceeding in order to defend their legitimate interests which have normative fixation. Under conditions when the participant of the process refuses the benefit provided to him by law it is a problem of the waiver (refusal of the right in criminal procedure). The category of right in the Code of Criminal Procedure of the Russian Federation is used in relation to participants who are not officials and bodies that carry out criminal procedural activity in accordance with their official duties or their «powers». The most evident examples of the waiver (refusal of the right in criminal procedure) are refusal of the defender (Art.52 of the Code of Criminal Procedure of the Russian Federation), refusal of the right not to testify (Part 2 of Article 11 of the Code of Criminal Procedure of the Russian Federation). It is obviously that in any case the waiver must be legitimate, voluntary and accompanied by additional guarantees not only to ensure the rights of an individual in the criminal proceeding but also the interests of justice, credibility and admissibility of evidentiary information. There are situations of inadmissibility of refusals of rights when the interests of justice prevail over the personal benefits of participants in the criminal proceeding. The article also deals with the opinions of scientists on this issue as well as analyzes the decisions of the European Court on Human Rights where there are decisions concerning the terms of the legality of the waiver and the legal positions of the Supreme Court of the Russian Federation and the Constitutional Court of the Russian Federation.