Open AccessFavorable Business Environment as a Criterion for Criminal Proceedings Effectiveness in Modern Russia
Author(s) -
P. O. Panfilov
Publication year - 2020
Publication title -
lex russica/lex russica (russkij zakon)
Language(s) - English
Resource type - Journals
eISSN - 2686-7869
pISSN - 1729-5920
DOI - 10.17803/1729-5920.2020.167.10.073-080
Subject(s) - criminal procedure , process (computing) , doctrine , criminal investigation , political science , criminal law , law , computer science , operating system
The paper analyzes various scientific approaches to understanding the effectiveness of criminal proceedings. It is concluded that in the doctrine of criminal process effectiveness is connected with the achievement of its purpose and tasks different understanding of which causes different understanding of effectiveness. On the basis of the analysis of the criminal procedure law, it is substantiated that the main criterion of evaluation of the effectiveness of criminal proceedings includes its influence on creation of favorable business environement in the country. The author recognizes the possibility of dividing the effectiveness of criminal proceedings into legal and social ones. The author interprets the legal effectiveness of the criminal process as its ability to ensure the public interest of all members of the society related to the full and comprehensive establishment of circumstances of the criminal case, the incrimination of the offender, the fight against crime. It is proposed to consider the possibility of criminal procedural means to secure normal economic relations and favorable business environement as one of the components of social effectiveness. The paper proves that the means chosen to increase the social effectiveness associated with the implementation of economic rights and freedoms, negatively affect both itself and the legal effectiveness of the criminal process related to the implementation of its intended purpose. It is proposed to refuse to consider a favorable business environment as the main criterion for assessing the effectiveness of both the entire criminal process and its individual components. Effectiveness should come to the fore, and the criterion of such effectiveness includes public interests aimed at combating crime. It is concluded that even as a secondary component, favorable business environment as a criterion of effectiveness requires such legal means of ensuring it that would not reduce the guarantees of implementation of the highest public interest. It is substantiated that the creation of legal guarantees to protect business from criminal prosecution is unacceptable without creating a mechanism that can separate legal business from illegal business.