Promotion of Justice as an Independent Criminal Procedure Function
Содействие правосудию как самостоятельная функция уголовного процесса
2021-12-28
SCID: 54.1/2288m3wg
Discuss with AI
Russian Criminal Procedure Codecriminal procedure functionslegal awarenessprocedural decisionspromotion of justice
Figures from the paper
Abstract (AI)
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.
Key Findings
1
Citizens’ legal awareness influences their readiness to assist law enforcement, promote justice, and support the legality of procedural decisions.
2
The article argues that promoting justice should be recognized as an independent criminal procedure function in Russian criminal proceedings.
3
The author argues that Russian criminal proceedings require broader facilitation by assisting persons and corresponding amendments to the Criminal Procedure Code.
4
The study finds the current three-part system of criminal procedure functions theoretically and practically inadequate for comprehensive, lawful, and well-founded decisions.
5
This function is performed by procedural participants and other persons involved in criminal-law relations who lack independent procedural status.
Research Object
Promotion of justice as an independent function and institution in Russian criminal proceedings
Research Subject
The role, legal awareness, participants, and institutional necessity of promoting justice for ensuring lawful, well-founded, and comprehensive procedural decisions
Publication Details
Publication Date
2021-12-28
Journal
Publisher
ISSN
Cited by
20
Open access PDF
Access Type
Author Information
Download PDF
Subscribe to digest