促进司法作为一项独立的刑事诉讼职能

IF 0.1 Q4 CRIMINOLOGY & PENOLOGY Russian Journal of Criminology Pub Date : 2021-12-28 DOI:10.17150/2500-4255.2021.15(6).786-796
V. Latypov
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引用次数: 0

摘要

本文论证了协助当事人和法院参与刑事诉讼的必要性。作者分析了《俄罗斯联邦刑事诉讼法》第8章规定的促进司法作为一项独立的刑事诉讼职能,由刑事诉讼的参与人和不具有独立诉讼地位的其他刑事法律关系主体共同履行。通过对社会和法律的分析,我们可以得出这样的结论:法治理念的发展需要个人对现代社会的组织结构及其发展趋势有一个正确的认识,需要获得应有的法律意识。在我国历史上,对法律意识的理解各不相同,但始终不变的是,法律意识可以受到影响,并决定法律和执法本身的发展。具有适当法律意识的公民愿意促进正义,这证明他们的社会发展水平高,希望参与执法工作,伸张正义,确保程序决定的合法性。作者指出,俄罗斯刑事诉讼需要便利,但由于种种原因,大多数人不愿意提供便利,这证明有必要对现代俄罗斯刑事诉讼程序中的促进正义进行详细分析。所进行的研究强调了目前俄罗斯刑事诉讼立法所规定的三部分刑事诉讼职能系统在理论和实践上的不足。作者审查了单独提出促进司法作为一个独立的刑事诉讼机构的可能性,这是官员和国家机构作出合法、有充分根据和全面的程序性决定所必需的。发件人的结论是,有必要对《俄罗斯联邦刑事诉讼法》进行修改,以便预见到重新命名《刑事诉讼法》第8章的可能性。此外,在分析了“正义”的概念之后,作者提出了自己的立场,即什么应该被理解为促进正义。
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Promotion of Justice as an Independent Criminal Procedure Function
The article proves the necessity of involving the persons assisting the parties and the Court into criminal proceedings. The author analyzes the promotion of justice as an independent criminal procedure function under Chapter 8 of the Criminal Procedure Code of the Russian Federation, which is carried out by both the participants of criminal proceedings and by other subjects of criminal law relations who do not have an independent procedural status. The conducted social and legal analysis made it possible to state that the development of the idea of the rule of law requires individuals to obtain a correct understanding of the organization of the modern society, its development trends, and the necessity of acquiring due legal awareness. The understanding of legal awareness varied throughout the history of our state but what remained unchanged were the ideas that it can be influenced and that it determines the development of law and the law enforcement itself. Citizens with the due level of legal awareness are ready to promote justice, which testifies to their high level of social development, a desire to be involved in law enforcement work, to bring justice and ensure legality of procedural decisions. The author shows that criminal proceedings in Russia require facilitation, but the majority of people are not ready to provide it for a number of reasons, which proves the need for a detailed analysis of promoting justice in the modern Russian criminal process. The conducted research stresses the theoretical and practical inadequacy of the three-part system of criminal procedure functions enshrined in the current Russian criminal procedure legislation. The author examines the possibility of singling out the promotion of justice as an independent criminal procedure institute necessary for making lawful, well-grounded and comprehensive procedural decisions by officials and state bodies. The author concludes that it is necessary to introduce changes in the Criminal Procedure Code of the Russian Federations which will foresee the possibility of renaming Chapter 8 of the Code. Besides, having analyzed the concept of «justice», the author presents his position of what should be understood as the promotion of justice.
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来源期刊
Russian Journal of Criminology
Russian Journal of Criminology CRIMINOLOGY & PENOLOGY-
自引率
0.00%
发文量
14
期刊介绍: Current stage of law development is defined by novelty in all life spheres of Russian society. The anticipated renovation of legal system is determined by international life globalization. The globalization provides both positive and negative trends. Negative trends include increase in crime internationally, transnationally and nationally. Actualization of international, transnational and national crime counteraction issue defines the role and importance of «Russian Journal of Criminology» publication. Society, scientists, law-enforcement system officers, public servants and those concerned about international rule declared individual legal rights and interests’ enforcement take a tender interest in crime counteraction issue. The abovementioned trends in the Russian Federation legal system development initiate a mission of finding a real mechanism of crime counteraction and legal protection of human rights. Scientists and practicians’ interaction will certainly contribute to objective achievement. Therefore, «Russian Journal of Criminology» publication is aimed at criminology science knowledge application to complete analysis and practical, organizational, legal and informational strategies development. The activity of «Russian Journal of Criminology» that involves exchange of scientific theoretical and practical recommendations on crime counteraction between Russian and foreign legal sciences representatives will help concentrating the efforts and coordinating the actions domestically and internationally. Due to the high social importance of «Russian Journal of Criminology» role in solving theoretical and practical problems of crime counteraction, the Editorial Board is comprised of Russian and foreign leading scientists whose works are the basis for criminological science.
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