Open AccessInstitute investigating judge to the theory of the «lesser evil»
Author(s) -
А А Tymoshenko,
Andrey A. Timoshenko
Publication year - 2015
Publication title -
rossijskij žurnal pravovyh issledovanij
Language(s) - English
Resource type - Journals
eISSN - 2410-7522
pISSN - 2410-4965
DOI - 10.17816/rjls18088
Subject(s) - morality , law , political science , criminal law , enforcement , subject (documents) , law enforcement , state (computer science) , criminal procedure , liability , control (management) , law and economics , sociology , economics , computer science , management , algorithm , library science
The article estimates the prospects of the introduction of Russian Institute of investigating judges. Along with the assessment of current proposals to reform the criminal procedural law, in relevant part, the author is invited to consider the very feasibility of creating a new form of judicial control over pre-trial proceedings. It is proposed to consider the essence of criminal procedural law, its purpose as the establishment of «rules of the game» in criminal proceedings. It is noticed that exhaustively for the law to all possible practical situation is impossible, and the law itself may become a formal justification for malfeasance. Therefore, to avoid the appear- ance of unlimited repression of the state is necessary to disseminate the legal mechanism for binding rules of morality. As well as the activities of the judicial and law enforcement is not only connected to social and justified response to the crime, but also to damage (or «lesser evil» (greater evil - the consequences of the offense)) the interests of a particular person, subject to criminal liability is required to establish unspecified restrictions for the officials concerned. Therefore, the author answers the question of the admissibility of the institute investigating judges by addressing the possibility of establishing for the judge personally responsible for the prospects which began with his participation prosecution.