Theoretical and methodological significance of criminal procedure for the rest of the sciences of the anti-criminal cycle
Автор: Alexandrov Alexandr Sergeevich, Alexandrova Irina Alexandrovna
Журнал: Правовое государство: теория и практика @pravgos
Рубрика: Актуальные вопросы развития отраслевого законодательства
Статья в выпуске: 1 (63), 2021 года.
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In the light of the unification of the sciences of the anti-criminal cycle into one general scientific specialty, the question of the «leader» of this science arises. Purpose: to convince readers that this should be the science of criminal procedure. Methods: the authors use the methods of dialectical and formal logic, comparison, description, interpretation. Some techniques of rhetorical argumentation are also used. The main argument advanced by the authors in favor of their position is based on a new type of post-classical law-based approach, according to which law is a process. Therefore, actual criminal law is the meaning of the text of the article (articles) of the Criminal Code in the context of the operative part of a conviction, another final procedural decision in the case. Results: the authors conclude that the modern science of criminal law, while remaining dogmatic, is held captive by outdated («classical») ideas about criminal responsibility, criminal law relation, the basis for them and their origin, as well as other concepts of material determinism. It is suggested that procedural determinism should be a scientific methodology, focusing on the primacy of the process and the derivation of substantive law phenomena, including criminal law itself, from the process. In the article, in the likeness of «Luther's theses» objections to dogmatism and the foundations of the reformation of criminal law knowledge are presented.
Science of criminal procedure, science of criminal law, material determinism, procedural determinism, statism, dogmatics
Короткий адрес: https://sciup.org/142234089
IDR: 142234089