Certainty of legal grounds in the Criminal Procedure Code of the Russian Federation

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Introduction: there is a clear dependence of actual grounds and their procedural form on legal technique when formulating the norms of criminal procedure law. One of the approaches to the classification of legal grounds is considered in the subject matter. The author proposes to differentiate the grounds in the norms of the Criminal Procedural Code of the Russian Federation by the degree of certainty of legal prescriptions, while the certainty as a characteristic of the norms is primarily associated with the limitation of the legislator of the range of circumstances that may be the grounds. Materials and Methods: the empirical bases of the research are norms of the Criminal Procedure Code of the Russian Federation, results of scientific research on criminal procedure. The methodological basis of the research are general dialectical method of cognition in combination with the methods of analysis and synthesis, comparative jurisprudence. In addition, general logical methods are used in making judgments and making inferences...

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Короткий адрес: https://sciup.org/142223042

IDR: 142223042   |   DOI: 10.24420/KUI.2019.94.32.020

Статья научная