THE IMPACT OF LEGISLATION THE ANGLO-SAXON LEGAL SYSTEM ON THE REFORM OF THE RUSSIAN CRIMINAL PROCEDURE LAW
Влияние законодательства англо‑саксонской правовой семьи на реформу российского уголовно‑процессуального права
2017-10-28
SCID: 54.1/vahr8he5
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Anglo-Saxon legal familyRussian criminal procedure reformadversarial origins / adversarial systemcomparative legal studysimplified procedure (plea of guilt)
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Abstract (AI)
The article discusses issues concerning the impact of legislation some countries Anglo-Saxon legal family on contemporary reform of Russian criminal procedure. The author raises the problem of community many of the legal provisions and institutions of Russian and Anglo-Saxon law. The work focuses on the fact that due to frequent legal stories, contradictory law-enforcement practice, the active work of the constitutional Court of the Russian Federation and Plenum of the Supreme Court of the Russian Federation which, by their individual decisions initiate new legislative changes, the reference to comparative legal study of foreign models of the criminal process is inevitable. The study used General scientific and special legal methods of studies: analysis and synthesis, legal modeling, formally-legal. The scientific novelty of the research lies in the author's approach to the study of the problem, which has not only theoretical but also practical importance, consists in the fact that, despite the seemingly opposite type of the Russian legal system related to civil law jurisdictions, and countries of the Anglo-American conglomerate, however, in fact, at the present time, there is the mutual influence and complementarity. In support of this thesis, the author made analysis of such a legal institution as a simplified procedure (in countries with Anglo-Saxon legal family called plea of guilt), which is in the form of a special order of judicial proceedings was introduced in the Russian criminal process. The Russian version of this procedure differs from Anglo-American, however, at its core, it is based on the legislative regulations of great Britain and the United States. The work is concluded that the main influence in Anglo-Saxon law is in the Russian criminal process is manifested in the extension of adversarial origins.
Key Findings
1
Comparative study of Anglo-Saxon legal systems is inevitable for Russian criminal procedure reform due to contradictory practice and active judicial institutions.
2
Russia introduced a simplified procedure (analogous to Anglo-Saxon plea of guilt) into its criminal process, inspired by UK and US legislation.
3
The Russian simplified procedure differs from Anglo-American variants but is fundamentally based on legislative regulations from Great Britain and the United States.
4
The main Anglo-Saxon influence on the Russian criminal process is the extension of adversarial elements.
5
There is mutual influence and complementarity between Russia's civil-law system and Anglo-American legal systems despite their different legal families.
Research Object
Reform of the Russian criminal procedure law (including the introduced simplified procedure)
Research Subject
Impact of legislation and institutions of Anglo‑Saxon legal systems on the Russian criminal procedure reform, particularly the adoption and adaptation of the simplified (plea) procedure and the spread of adversarial elements
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2017-10-28
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