The principle of objectivity as a means of providing the efficiency of criminal procedural activities

Автор: Darovskikh O. I.

Журнал: Правопорядок: история, теория, практика @legal-order

Рубрика: Уголовный процесс

Статья в выпуске: 2 (29), 2021 года.

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The article examines the influence of such a legal category as objectivity on the effectiveness of criminal procedural activity. In the introduction, the author substantiates the need to improve the efficiency of legal regulation of criminal procedural relations by the modern requirements of society, and one of the means of ensuring effective activity is the implementation of the principle of objectivity. The importance of objectivity lies in the fact that this principle predetermines the procedure for administering justice, acts as a guarantee of ensuring the rights and legitimate interests of participants and persons drawn into the orbit of this activity and, in addition, influences criminal procedural activities. Without positioning objectivity as a principle, the legislator repeatedly mentions it in the text of many articles of the Criminal Procedure Code of the Russian Federation, and the European Court of Human Rights and the Constitutional Court of the Russian Federation, when forming their legal positions, proceed from the need for an impartial, objective study of the circumstances of the criminal case. In the research part of the article, the author traces the advisability of highlighting the principles of effective criminal procedural activity, since this approach allows a deeper and more complete study of all the most important key points of the investigated legal category. These principles, according to the author, should include the principle of objectivity. In the article, the author traces the relationship between the principle of objectivity and the effectiveness of criminal procedural activity through its criteria: legality, quality, timeliness, availability, sufficiency, economy and comes to a reasonable conclusion that objectivity is a principle that ensures the effectiveness of criminal procedural activity.

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Criminal procedural activity, legal category, the principle of objectivity, the principle of criminal procedure, the effectiveness of criminal procedural activity

Короткий адрес: https://sciup.org/14119524

IDR: 14119524

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