Criminal proceedings and promoting justice: strategy for ensuring justice
Автор: Guskova A.B.
Журнал: Вестник Восточно-Сибирского института Министерства внутренних дел России @vestnik-vsi-mvd
Рубрика: Уголовно-правовые науки (юридические науки)
Статья в выпуске: 2 (113), 2025 года.
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Introduction. The proposed article examines the definition of justice as one of the central instruments for achieving justice in restoring violated rights. The author emphasizes that in modern criminal proceedings, the administration of justice is not perfect, since the defense and prosecution do not have equivalent opportunities to prove their positions. These differences in the context of the means and tools provided to them for proof affect the balance of power in criminal proceedings, which in turn can lead to a distortion of the objectivity and fairness of justice. Methods and Materials. The normative base of the study was the Constitution of the Russian Federation, the current criminal procedure legislation of the Russian Federation, the results of scientific research devoted to the problems of assisting justice. The methodological basis of the study was the general dialectical method of scientific knowledge, general scientific and specific methods of induction, deduction, legal analysis, modeling, description and observation. The Results of the Study allow us to supplement the theory of criminal procedure law in terms of considering the issues of the possibility of applying the function of assisting justice to implement the principles of adversarial proceedings and equality of the parties in order to improve the fairness of justice, as well as to formulate legislative proposals for improving Chapter 8 of the Criminal Procedure Code of the Russian Federation. Findings and Conclusions. The article emphasizes the need to introduce an independent function of assisting justice, in the implementation of which independent persons will provide support to the parties and the court on equal terms. It is proposed to amend Chapter 8 of the Criminal Procedure Code of the Russian Federation aimed at consolidating the function of assistance, determining the range of participants, their roles, duties and responsibilities. In addition, the author emphasizes the importance of using information technology in implementing the assistance function.
Justice, fairness, adversarial nature, assistance to justice, pre-trial stages
Короткий адрес: https://sciup.org/143184496
IDR: 143184496