On the issue of indemnity in intentional self-accusation - historical aspects and drawbacks of the current legislation
The lawmaker while listing in criminal procedural code of the Russian Federation (part 4 art.133) the cases when the rules regulating rights for rehabilitation are not extended to the participants of the criminal procedure (the suspect, the accused, the defendant in the criminal prosecution, the convict) has failed to take into account that in case when the innocent person by way of pleading guilty deliberately hinders finding truth in a criminal case and contributes to the opportunity of charging him/her with a crime, then this person should be denied the right for indemnity on the part of the state. In the course of elaborating of the Criminal Procedural Code of the Russian Federation there has been taken into account neither the historical precedent of the emergence of rights for rehabilitation (the Charter of Criminal Procedure of the Russian Empire adopted in 1864), nor the rules of international law (The International Pact on Civil and Political Rights of 1966). The study of the present problems has been performed by the method of comparing the current criminal procedural legislation with the rules of international law and historical aspects of the Criminal Procedure Charter of the Russian Empire adopted in 1864. The analysis has revealed the fact that the actual collision of the legal rules of international law and the current Criminal Procedural Code of the Russian Federation seriously hinders the functioning of the legal system and has a negative impact on the lawfulness of the state activities; it gives rise to the legal nihilism in society and should be eradicated by the lawmakers by means of introducing alterations into the Criminal Procedural Code of the Russian Federation.