Open AccessRussian court in adversarial criminal procedures
Author(s) -
Erna Kaysynovna Batchaeva,
Daria Olegovna Chistilina,
Aleksandr V. Grinenko,
Tatyana Ryabinina,
Vasily J. Potapov
Publication year - 2021
Publication title -
cuestiones políticas/cuestiones políticas
Language(s) - English
Resource type - Journals
eISSN - 2542-3185
pISSN - 0798-1406
DOI - 10.46398/cuestpol.3971.30
Subject(s) - adversarial system , dialectic , legislature , political science , action (physics) , law , position (finance) , relation (database) , criminal procedure , intervention (counseling) , constitutional court , criminal court , criminal justice , psychology , law and economics , sociology , epistemology , international law , business , computer science , philosophy , physics , finance , quantum mechanics , database , psychiatry , constitution
This article discusses the role of the Russian court in accusatory criminal proceedings. At the legislative and practical levels, there is uncertainty about the degree of judicial activity in relation to the question of evidence. The theoretical model of the accusatory system assumes that there is minimal judicial intervention in the investigative proceedings of the parties. The latter must act and defend their position in the criminal case. The court is supposed to have a passive stance. The methodological basis of this study is composed of general scientific and legal methods such as dialectical, historical, systematic, comparative legal, formal-logical methods, etc. Most countries that practice an accusatory model of criminal justice grant the court a certain level of action that allows it to participate fully in the evidence during trials. By way of conclusion, it is suggested to improve the capabilities of the Russian court to actively investigate the evidence, as well as to offer new forms of defense to the parties.