DOES IT EXIST (AND SHOULD IT EXIST) A BALANCE OF PUBLIC AND PRIVATE PRINCIPLES IN RUSSIAN CRIMINAL PROCEEDINGS?

In order to effectively fulfil state tasks in the field of activities of criminal justice authorities, a legislative definition of a reasonable correlation between public and private principles is required both in criminal procedure legislationand 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 publicand private interests in criminal proceedings in Russia. The existing imbalance of public and private principles, ref lecting primarily the official nature of the activities of state bodies authorised to carry out criminal proceedings, hasobjective prerequisites rooted in the history of the formation of the national criminal justice system. The presence, precisely in the rank of exception,of legal means of protecting private interests in the public branch of R ussian law, and s pecifically 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 c riminal proceedings. 

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Publication Details

Journal
The rule-of-law state theory and practice
Published
2025-01-01
DOI
https://doi.org/10.33184/pravgos-2025.1.1
Primary Topic
Legal and Policy Issues
Type
article
Field-Weighted Citation Impact
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article

DOES IT EXIST (AND SHOULD IT EXIST) A BALANCE OF PUBLIC AND PRIVATE PRINCIPLES IN RUSSIAN CRIMINAL PROCEEDINGS?

Vladimir Alexandrovich AZAROV
The rule-of-law state theory and practice
Legal and Policy Issues
article

DOES IT EXIST (AND SHOULD IT EXIST) A BALANCE OF PUBLIC AND PRIVATE PRINCIPLES IN RUSSIAN CRIMINAL PROCEEDINGS?

Vladimir Alexandrovich AZAROV
article en

Abstract

In order to effectively fulfil state tasks in the field of activities of criminal justice authorities, a legislative definition of a reasonable correlation between public and private principles is required both in criminal procedure legislationand 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 publicand private interests in criminal proceedings in Russia. The existing imbalance of public and private principles, ref lecting primarily the official nature of the activities of state bodies authorised to carry out criminal proceedings, hasobjective prerequisites rooted in the history of the formation of the national criminal justice system. The presence, precisely in the rank of exception,of legal means of protecting private interests in the public branch of R ussian law, and s pecifically 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 c riminal proceedings. 

The rule-of-law state theory and practice(1(79))
Peace, Justice and strong institutions
Openalex Percentile: Top 84%
Legal and Policy Issues
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