On the issue of the concept of the legal organization of combating crime by criminal legal means
Автор: Levchenko O.V.
Журнал: Вестник Южно-Уральского государственного университета. Серия: Право @vestnik-susu-law
Рубрика: Уголовно-правовые науки
Статья в выпуске: 1 т.24, 2024 года.
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The main purpose of the work is to develop the concept of a legal organization for combating crime, which serves as a basis for the development of judgments about the subjects included in this organization, about the system of legal relations between them, as well as the mechanism for developing a means of criminal legal influence on the perpetrator of a crime during criminal proceedings. The author develops a direction called "procedural determinism" in understanding the essence of the means of criminal legal influence and the legal organization of crime prevention. In this way, the study differs from traditional industry approaches that have developed within the framework of individual scientific specialties. The advantage of the method practiced by the author is an attempt to give a universal intersectoral explanation to the elements of the legal organization of crime prevention, including the "means of criminal legal influence", "the subject of criminal legal influence". Such an approach also made it possible to develop a system of consistent judgments about the prosecutor's place in the legal organization of combating crime, as well as his role in developing means of criminal legal influence on a specific criminal case. The author comes to the conclusion that the basis of the legal organization is the procedural activity of the criminal prosecution authorities, headed by the prosecutor, to nominate, prove charges and resolve a criminal law dispute between the prosecution and the defense. The means of criminal legal influence is developed by the court from the criminal law as a result of establishing the validity of the charge in this criminal case.
Means of criminal law, accusation, evidence, criminal process, prosecutor
Короткий адрес: https://sciup.org/147243235
IDR: 147243235 | DOI: 10.14529/law240106