Justice as a fundamental principle of criminal legal procedure

Authors

  • Belyaev V.A.

Keywords:

adversarial, fairness, principles of criminal proceedings, civilizational approach, purpose of criminal proceedings, cultural-historical type.

Abstract

The article, using the civilizational approach, critically analyzes the adversarial principle in criminal proceedings for its compliance with the general legal principle of justice. The author comes to the conclusion that the concept of opposing (fighting) interests of the parties to criminal proceedings, which lacks their mutual desire to achieve justice, cannot be put in the basis of the principle of criminal proceedings. Equality of the parties and independence of the court are aimed at achieving justice in criminal proceedings, which should be considered as a system-forming principle for the elements that make up the construction of Article 15 of the CPC of the RF.

Published

2023-12-10