Open AccessINFLUENCE OF FAMILY AND KINSHIP RELATIONS ON THE IMPLEMENTATION OF CERTAIN INSTITUTIONS OF CRIMINAL PROCEDURE LAW: PROBLEM STATEMENT
Author(s) -
Л. А. Шестакова
Publication year - 2020
Publication title -
ûridičeskij vestnik samarskogo universiteta
Language(s) - English
Resource type - Journals
eISSN - 2782-2990
pISSN - 2542-047X
DOI - 10.18287/2542-047x-2020-6-4-96-100
Subject(s) - legislator , kinship , morality , law , criminal law , political science , criminal procedure , legislature , population , politics , criminal code , sociology , criminal justice , legislation , demography
The author of the article establishes the mutual influence of criminal proceedings, the interests of the family, minors, morality, political, religious, corporate and other social norms. The norms of criminal procedure law regulate a wide mound of public relations. These relations often have no connection with the criminal procedure form. Social norms often have a regulatory role in the sphere of criminal procedural relations. The Russian legislator does not take this circumstance into account. The law has lost its connection with other socio-cultural systems (morality, religion). Family relations signifi cantly change the content of all stages of the criminal process. Value and moral attitudes affect the legal position of participants in criminal proceedings. The state musts to accept the opinion of the Russian population about justice and morality. This opinion of the people should be consolidated in the Criminal Procedure Code. There is not a legislative mechanism to implement this idea. This circumstance interferes with the accounting of family relations in criminal procedure law.