Legal guarantees of realization of the principle of equality of citizens before the law and the court in criminal proceedings of the Russian Federation

Автор: Khlyzov I.S.

Журнал: Теория и практика общественного развития @teoria-practica

Рубрика: Право

Статья в выпуске: 4, 2024 года.

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The article delves into the analysis of the constitutional principle of equality of all before the law and the court. The relevance of this topic is due to the problem of contradictions that have arisen between the normative and law enforcement position in implementing the principle of equality. In this regard, the author considers it paramount to address the issue of creating special guarantees that ensure the foundational idea of equality for all before the law and court. It seems that the development of a system of guarantees for the implementation of the analyzed constitutional principle in the provisions of the current Criminal Procedural Legislation of the Russian Federation will serve as a support for ensuring access to justice in criminal cases. It’s worth mentioning that the principle under consideration was reflected and actively applied in ensuring the rights of participants in criminal proceedings, according to the edition of the Criminal Procedure Code of the RSFSR. The author examines various approaches to formulating the definition of “guarantees” in terms of implementing the researched principle and provides recommendations to eliminate the existing contradiction between legislation and practice.

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Constitution of the russian federation, the principle of equality of all before the law and the court, guarantees of realization of the principle of equality, judicial bodies, the code of criminal procedure of the russian federation, subjects, legislation, sectoral legislation

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Короткий адрес: https://sciup.org/149144941

IDR: 149144941   |   DOI: 10.24158/tipor.2024.4.26

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