Open AccessFormal and Material Approaches to the Procedural Status of Participants in Criminal Proceedings Regulation: The Need to Establish a Balance
Author(s) -
А.Ю. Чекотков
Publication year - 2020
Publication title -
aktualʹnye problemy rossijskogo prava
Language(s) - English
Resource type - Journals
eISSN - 2782-1862
pISSN - 1994-1471
DOI - 10.17803/1994-1471.2020.120.11.207-213
Subject(s) - task (project management) , balance (ability) , process (computing) , variety (cybernetics) , criminal procedure , law , control (management) , law and economics , face (sociological concept) , political science , subject (documents) , position (finance) , psychology , criminal law , computer science , business , sociology , economics , artificial intelligence , social science , management , finance , neuroscience , library science , operating system
The most important task of criminal proceedings is to ensure a proper observance of the rights and freedoms of all persons involved in the process of investigation and judicial consideration of a criminal case. On the way to its solution, the desire to formalize in detail an exhaustive list of rights and obligations for each subject of procedural activity is extremely clearly traced. However, it is also obvious that at the regulatory level it is impossible to foresee all the variety of cases that one or another participant may face in reality. In this regard, when assessing the procedural status of a particular person, it is necessary to take into account not only the relevant norms of the law, but also his essential (material) position, which he occupies in the criminal proceedings. Thus, in the presence of two control methods, it is necessary to ensure their optimal ratio. It is this option that can make it possible to take into account both the positive and negative aspects of these areas and properly guarantee the observance of the rights and freedoms of persons participating in the process.