Are competition and equality - two parts of the same whole?
Автор: Slavgorodskaya Ya. V.
Журнал: Правопорядок: история, теория, практика @legal-order
Рубрика: Проблемы правопорядка: взгляд молодых исследователей
Статья в выпуске: 1 (32), 2022 года.
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This article raises the question of the relationship between the principles of competition and equality of the parties in criminal proceedings. The quality of criminal proceedings directly depends on the implementation of the principles in the criminal process. Part 3 of Article 123 of the Constitution of the Russian Federation (hereinafter referred to as the Constitution of the Russian Federation) establishes the provision that competitiveness and equality of the parties is one of the constitutional principles of justice, which is also reflected in the provision of Article 15 of the Criminal Procedure Code of the Russian Federation (hereinafter referred to as the CPC of the Russian Federation). One of the basic principles of criminal proceedings is the principle of adversarial parties. This means that criminal proceedings should be based on this principle, that is, the parties to the criminal process should be the prosecution and the defense. At the same time, the court is independent and does not belong to either the prosecution or the defense. that principle means that the parties to the criminal process are separated from the court. The principle of competition cannot be implemented without the principle of equality of the parties to the criminal process. However, it seems that these principles are not fully implemented at all stages of the criminal process, but only directly in the process of reviewing the case by the court. In addition, it requires clarification of the very concept of competition and equality.
Adversarial, equality, legal proceedings, interpretation, pre-trial stage, process
Короткий адрес: https://sciup.org/14123704
IDR: 14123704