Legislator's written language culture as a factor that a beneficial effect on the quality of criminal procedure norms
Автор: Bazhanov Stanislav V.
Журнал: Вестник Академии права и управления @vestnik-apu
Рубрика: Теория и практика юридической науки
Статья в выпуске: 1 (58), 2020 года.
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In this article, the author submits a highly relevant problem to scientific analysis, which consists in the need for a more thorough development of the criminal procedural legislation of the Russian Federation and its implementation in law enforcement practice. The author believes that parliamentarians are obliged to be more thoughtful in the culture of writing, preserving and justifying the further development of the sectoral conceptual apparatus. The fact is that the uncontrolled introduction into the minds of powerful participants in the criminal process of (knowingly) false concepts and ideas subsequently leads to an increase in the unproductive, useless work of investigators and judges. The mechanisms of the negative impact of such an “experience” on the criminal procedural activity of its subjects are clearly illustrated by such concepts as “procedural document”, “procedural act”, “procedural decision”, “procedural action”, etc. The article also claims that the ill-conceived semantic load predetermined by the developers of all kinds of bills for individual concepts, ideas, norms and institutions, sometimes leads to the development of Russian criminal procedure legislation to a standstill. This thesis is abundantly proved by the analysis of the stage of the execution of the sentence (determination, decision), which for a long time remained in the center of attention of domestic scientists. The author of the article argues reasonably that this stage of the criminal process should not be called the stage of the execution of the sentence, but the stage of the execution of the sentence, which is fundamentally important for the purpose of further full-fledged improvement of federal legislation
Criminal process, procedural decision, procedural action, procedural document, procedural act, determination, sentence, decision, stage of execution of the sentence, procedural form, criminal procedural activity, investigator, judge, federal law
Короткий адрес: https://sciup.org/14120328
IDR: 14120328