Open AccessThe Legal Nature of the Reasonable Term Principle and the Development Thereof in the Russian Criminal Procedure
Author(s) -
Yulia V. Kuvaldina,
Evgenia V. Maryina
Publication year - 2020
Publication title -
ûridičeskoe obrazovanie i nauka
Language(s) - English
Resource type - Journals
ISSN - 1813-1190
DOI - 10.18572/1813-1190-2020-12-13-18
Subject(s) - law , duty , law enforcement , enforcement , criminal procedure , procedural law , process (computing) , order (exchange) , procedural justice , officer , limit (mathematics) , term (time) , law and economics , political science , computer science , business , sociology , mathematics , psychology , mathematical analysis , perception , physics , finance , quantum mechanics , neuroscience , operating system
The purpose of the article. The authors of the article propose for discussion the problems associated with determining the nature of a reasonable time through the prism of the generally recognized properties of the principles, in order to show that the inclusion of Article 6.1 in the criminal procedure law had not only external factors (first of all, the influence of the decisions of the ECHR), but also internal, historical prerequisites, as well as the needs of practice. Methodology: in the preparation of the study, both general scientific and special methods were used: system analysis, historical, specific sociological and formal legal. Conclusions. 1. A reasonable time, on the one hand, can be viewed as an inter-sectoral organizational principle of justice, and, on the other hand, as an organizational principle of the entire criminal process. 2. The principle of a reasonable time obliges law enforcement officials to carry out their activities: a) in compliance with the procedural time limit; b) timely; c) as quickly as possible. 3. Speed means that the law enforcement officer performs all the necessary and sufficient procedural actions before the deadlines established by law for their production. 4. Reasonable criminal procedure can be both lengthy and fast, but does not go beyond the legal deadlines. 5. A reasonable time limit for legal proceedings contains general provisions (duty to comply with procedural deadlines; duty to carry out proceedings promptly, taking into account the criteria contained in the law), which are specified in other articles of the criminal procedure law. 6. For violation of a reasonable time, preventive and suppressive measures have been established. Scientific and practical significance. The conducted research can be useful for scientists, teachers of higher educational institutions, graduate students interested in the problems of criminal procedure.