THE ISSUE OF PUBLIC AND DISPOSITIVE PRINCIPLES OF RUSSIAN CRIMINAL PROCEEDINGS (THROUGH THE PRISM OF SCIENTIFIC VIEWS OF PROFESSOR L.N. MASLENNIKOVA)
The development of digital technologies, their implementation in the criminal procedure sphere of state activity, the formalisation of the process, on the one hand, and the insufficient scope of powers of participants in criminal proceedings to protect their rights and legitimate interests in crimin...
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| Format: | Article |
| Language: | English |
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Bashkir State University
2025-03-01
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| Series: | Правовое государство: теория и практика |
| Subjects: | |
| Online Access: | https://pravgos.ru/index.php/journal/article/view/1076 |
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| Summary: | The development of digital technologies, their implementation in the criminal procedure sphere of state activity, the formalisation of the process, on the one hand, and the insufficient scope of powers of participants in criminal proceedings to protect their rights and legitimate interests in criminal proceedings, on the other hand, make it necessary to re-examine the nature of publicity and dispositivity of criminal proceedings, to assess their correlation, to try to establish the boundaries of the optimal ratio and/or balance. This research is especially relevant through the prism of the scientific works and views of Larisa Nikolaevna Maslennikova as a tribute of deep respect and recognition in honour of the anniversary of the professor. Purpose: to identify the main scripts of Professor L.N. Maslennikova’s scientific approach to the essence, content and correlation of public and dispositive principles of modern criminal procedure and to assess their relevance through the prism of the legal positions of the Constitutional Court of the Russian Federation. Methods: dialectics, trialectics, methods of comparative research, description, interpretation; axiological method, axiomatic; specific scientific methods: legal-dogmatic and interpretation of legal norms. Results: the article formulates a conclusion about the relevance and effectiveness of the trialelectic method for analysing the public law nature of modern criminal proceedings; identifies the main trends of its development, allowing to ensure an optimal correlation of public and dispositive principles of criminal procedural activity. |
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| ISSN: | 2500-0217 |