DOES IT EXIST (AND SHOULD IT EXIST) A BALANCE OF PUBLIC AND PRIVATE PRINCIPLES IN RUSSIAN CRIMINAL PROCEEDINGS?
DOES IT EXIST (AND SHOULD IT EXIST) A BALANCE OF PUBLIC AND PRIVATE PRINCIPLES IN RUSSIAN CRIMINAL PROCEEDINGS?
Blog Article
In order to effectively fulfil state tasks in the field of activities of criminal justice authorities, a legislative definition of a reasonable correlation between turbo air m3f24-1 public and private principles is required both in criminal procedure legislation and in the same-name area of self-realisation of the subjects of criminal proceedings.Purpose: to study formation patterns and establish scales (proportions) of interaction between state (public) and private interests in criminal proceedings.Methods: formal and dialectical logic, comparison, description, interpretation, historical and interpretation of legal norms.Results: the research reveals a methodologically and substantively justified disparity in the ratio of legal means and methods of ensuring public and private interests in criminal proceedings in Russia.
The existing imbalance of public and private principles, reflecting primarily the official nature of the activities of state bodies authorised to carry out criminal proceedings, has objective prerequisites rooted in the history of the formation of the national criminal justice system.The presence, precisely in read more the rank of exception, of legal means of protecting private interests in the public branch of Russian law, and specifically in criminal procedure law and in the relevant field of state activity, is strictly dictated by our belonging to the continental legal system and the mixed nature of Russian criminal proceedings.