The concept and content of judicial practice in criminal proceedings (problem statement)

Автор: Kripinevich S.S.

Журнал: Теория и практика общественного развития @teoria-practica

Рубрика: Право

Статья в выпуске: 5, 2024 года.

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In recent years, significant attention has been paid to issues of judicial practice in domestic legal science and law enforcement. And, despite the increasing attention, there is still no unified approach to defining the concept of judicial practice, its legal essence, content and role in legal regulation, which determines the relevance and timeliness of scientific research in this area. In the presented scientific article, the author examines various approaches to understanding judicial practice, analyzes the points of view existing in scientific doctrine related to the procedural nature and content of judicial practice. As a result of the conducted scientific research, the author has identified numerous and significant contradictions in the signs that are proposed to determine judicial practice, in its characteristics, properties, and significance for law enforcement activities. In the author's opinion, the inconsistency of the available scientific judgments excludes the possibility of developing a uniform scientific approach to the development of a single concept of judicial practice. Conclusion dwells upon the fact that in light of the foregoing, it becomes apparent that a paradigm shift is imperative in the trajectory of scientific inquiry into the essential attributes of judicial practice. Such a recalibration of research priorities is indispensable for engineering substantive advancement and yielding constructive outcomes. Consequently, the proposition is advanced for concerted efforts towards interdisciplinary scientific inquiry into the intricacies of judicial practice, thereby fostering enhanced clarity, coherence, and efficacy in both academic discourse and practical jurisprudence.

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Criminal proceedings, judicial practice, court, law enforcement, legal regulation, procedural decision, uniform interpretation

Короткий адрес: https://sciup.org/149145858

IDR: 149145858   |   DOI: 10.24158/tipor.2024.5.28

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