System of criminal measures procedural coercion: What signs indicate for its existence?

The article attempts to consider the entire set of currently existing measures of criminal procedural coercion from the point of view of systems theory, that is, through comparison with the known signs of systematicity: unity, integrity, interconnection of elements, structure and orderliness, hierarchical structure, multiplicity of descriptions, dynamic development. It is noted that the totality of coercive measures provided for criminal justice meets only two of the specified characteristics. At the same time, circumstances are analyzed that prevent the identification of other signs of systematicity in a given set. As a result, the conclusion is formulated that the system of measures of criminal procedural coercion is another, in no way substantiated and unsubstantiated doctrinal myth, which owes its emergence to incorrect legal and technical approaches that imply a desire to group the provisions of the law, regardless of the essence, content and legal the nature of the relevant techniques and procedures.

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Publication Details

Journal
Gosudarstvo i pravo
Published
2024-09-06
DOI
https://doi.org/10.31857/s1026945224060107
Primary Topic
Legal and Policy Issues
Type
article
Field-Weighted Citation Impact
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article

System of criminal measures procedural coercion: What signs indicate for its existence?

S. B. Rossinskiy
Gosudarstvo i pravo
Legal and Policy Issues
article

System of criminal measures procedural coercion: What signs indicate for its existence?

S. B. Rossinskiy
article en

Abstract

The article attempts to consider the entire set of currently existing measures of criminal procedural coercion from the point of view of systems theory, that is, through comparison with the known signs of systematicity: unity, integrity, interconnection of elements, structure and orderliness, hierarchical structure, multiplicity of descriptions, dynamic development. It is noted that the totality of coercive measures provided for criminal justice meets only two of the specified characteristics. At the same time, circumstances are analyzed that prevent the identification of other signs of systematicity in a given set. As a result, the conclusion is formulated that the system of measures of criminal procedural coercion is another, in no way substantiated and unsubstantiated doctrinal myth, which owes its emergence to incorrect legal and technical approaches that imply a desire to group the provisions of the law, regardless of the essence, content and legal the nature of the relevant techniques and procedures.

Gosudarstvo i pravo(6)
Institute of State and Law (RU)
Peace, Justice and strong institutions
Openalex Percentile: Top 73%
Legal and Policy Issues
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