Assistance of teachers and psychologists in the Russian criminal process

Бесплатный доступ

Introduction: the legal position of a teacher and psychologist in criminal proceedings in Russia is analyzed. The historical stages of the formation and development of the participation of a teacher and a psychologist in the criminal process are considered. Materials and Methods: the research methodology of the study was the dialectical method of scientific cognition, logical, comparative and legal, statistical methods, as well as observation and other special methods of studying legal phenomena. The materials of the study were doctrinal sources, as well as international, Russian legislation of various historical periods and criminal procedure legislation of a number of member states of the Commonwealth of Independent States. Results: as a result of the conducted research, the author found that neither in the previously existing regulations nor in the modern Criminal Procedure Code of the Russian Federation, there is no norm that would disclose the criminal procedure status of a teacher and psychologist. The author notes that the unregulated criminal procedural status of a participant in criminal proceedings does not allow them to fully participate in emerging criminal procedural legal relations, due to the lack of rights, duties and responsibilities. Discussion and Conclusions: the author's approach is presented, aimed at improving the legislative mechanism for giving the procedural status of a teacher and psychologist, by making certain changes to the current Code of Criminal Procedure of the Russian Federation. In particular, to rename Chapter 8 of the Criminal Procedure Code of the Russian Federation "Persons assisting in criminal proceedings", in addition, a new version of Part 1 of Article 58 of the Criminal Procedure Code of the Russian Federation has been proposed, allowing a teacher and psychologist involved in procedural actions together with minor participants in criminal proceedings to be equated with a specialist. Some former Union republics followed a similar path in solving this problem in the criminal process: the Republic of Kazakhstan, the Republic of Belarus, the Republic of Azerbaijan.

Еще

Assistance to justice, teacher, psychologist, criminal procedure function, participants in criminal proceedings, other participants, assistance function, parties, court, justice, adversarial

Короткий адрес: https://sciup.org/142234313

IDR: 142234313

Статья научная