Formation and development of the principles of justice and competition at the stage of trial under the judicial statutes of 1864

Бесплатный доступ

The author conducts a study of the current state of legal regulation of the stage of preparation for the court session. Having identified shortcomings in the legal regulation of procedural activities, he seeks to develop recommendations for their elimination. The reasons of difficulties in achieving the set goal are revealed. The emergence of causes and their formation has a long historical period. The lack of consideration of this factor pushes back the prospect of creating a consistent, gap-free legal regulation at the present stage. Without eliminating historical and legal reasons, it is difficult to ensure a fair judicial procedure based on the principles of competition. In the proposed article, another attempt of scientific search is made to identify the stages of development of procedural law, on the basis of which it is possible to establish the reasons that have influenced modern procedural law today. In this aspect, the historical and legal method is an important methodological means of scientific research. Simultaneously with the above, the author uses formal legal and comparative legal methods. The obtained research results are presented in the article in a logical sequence. Following the logic of scientific research allowed the author to obtain results relevant for their use in subsequent studies; to identify the continuity of the legal traditions of the Russian legislator; to make assumptions about the trends of further development of criminal procedure law.

Еще

Justice is adversarial, judicial statutes, appointment of the court session

Короткий адрес: https://sciup.org/14123702

IDR: 14123702

Статья научная