Open AccessThe idea of procedural freedom as a principle of criminal proceedings
Author(s) -
Mihail Polyakov,
Elvira Luginets
Publication year - 2020
Publication title -
ûridičeskaâ nauka i praktika
Language(s) - English
Resource type - Journals
ISSN - 2078-5356
DOI - 10.36511/2078-5356-2020-4-75-78
Subject(s) - criminal procedure , procedural law , law , epistemology , law and economics , political science , sociology , philosophy
The article considers the idea of procedural freedom. The authors suggest looking at this idea as a leading technological principle of criminal proceedings. The criminal procedure form represents not the absence of procedural freedom, but the varying degree of its manifestation. The concept of procedural freedom is equally encoded in the legal formulas “what is not prohibited is allowed” and “what is not allowed is prohibited”.