The Significance of a Dissenting Opinion in Criminal and Other Types of Legal Proceedings

A dissenting opinion in criminal, civil, arbitration, administrative and constitutional proceedings is rare and causes disproportionate scientific discussions compared to its procedural significance. The reasons for the low prevalence of dissenting opinions in modern national procedural law deserve to be studied, as well as their impact on justice. Purpose: to identify the significance of a dissenting opinion, which is not limited by the outcome of a given case. The method of comparative law is the defining research method. In addition to comparing the significance of dissenting opinions in Russia and the countries of case law, their role in various procedural branches of Russian law is analyzed. Moreover, general and special methods (analysis and synthesis, logical, special-legal) are applied. Results: historical and comparative law examples of the influence of dissenting opinions on the development of legislation and judicial practice in foreign countries demonstrate the possible significance of such an opinion for the development of law in the future. In addition to protecting judicial independence as an absolute procedural good, a dissenting opinion creates possible prospects for rethinking established legal positions. Contrary to the concerns expressed, it does not question the authority of the court or the unity of the judicial board, but rather demonstrates a high level of transparency of justice.