Category “abuse of the criminal procedural status”
Автор: Nikulina A.V.
Журнал: Правопорядок: история, теория, практика @legal-order
Рубрика: Проблемы правопорядка: взгляд молодых исследователей
Статья в выпуске: 3 (34), 2022 года.
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The relevance of studying the category of “abuse of law” in many branches of law is increasing every year, since this phenomenon is inherent in law in all branches. Many scientists are studying the question of the essence and content of this category, thereby contributing to the development of the scientific potential of the category. The purpose of the article: based on the analysis of normative legal acts and scientific papers, to determine the specifics of the use of the term “abuse of law in criminal proceedings” in relation to the abuse of official powers in criminal proceedings, as well as the possibility of combining these categories with a broader “abuse of criminal procedural status”, to consider the use of the term “authority” in relation to subjects, not endowed with a position of authority.Research methods: the article used methods of analysis and synthesis to study the use of the term “abuse of law” in scientific works in relation to officials and other participants in criminal proceedings, a comparative legal method was used to study the terms “authority” and “competence”, a new category combining the categories under study was identified on the basis of system analysis.Results: the article defines the commonality and difference of the objects under study, and also proposes the introduction of the category “abuse of criminal procedural status”, which fixes the commonality of these objects. By studying the terminology used in the scope of the objects under study, a conflict in the regulatory sphere regarding the use of the term “authority” in Article 6 of the Federal Law “On Advocacy and Advocacy” has been identified, and appropriate amendments to the regulatory legal act are proposed. Conclusion: this study has theoretical significance in the further study of the category of “abuse of law in criminal proceedings”, as well as practical significance in the form of proposals for amendments to the regulatory legal act.
Abuse of law, abuse of official authority, abuse of criminal procedural status, authority, competence
Короткий адрес: https://sciup.org/14124925
IDR: 14124925