Reasonable Combination of Public and Private Elements in Criminal Proceedings
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Reasonable Combination of Public and Private Elements in Criminal Proceedings
Annotation
PII
S1605-65900000622-5-1
Publication type
Article
Status
Published
Authors
Vladimir Doroshkov 
Occupation: Professor at the Department of Criminal Law, Criminal Procedure and Criminalistics
Affiliation: Moscow State Institute of International Relations (University), Ministry of Foreign Affairs of the Russian Federation
Address: Moscow, Russia
Edition
Pages
31-41
Abstract

The purpose of the article is: to analyze modern domestic criminal justice system and draft laws from a reasonable view point of a combination of public and private interests; and to outline areas of further scientific research in this field.

As a methodological basis of the study the following methods are applied: dialectical method of knowledge; general scientific methods of abstraction; analysis and synthesis; and a direction of philosophical and legal idea, based on the recognition of essential differences between public and private elements.

The author — by analyzing the current situation after the liberal state legal system in Russia started to change to a completely new system — concludes that the meaning of dividing law to public and private legal systems in Russia is to set reasonable limits for state intervention in the sphere of interests of specific citizens and their associations. That's why, modern domestic legal science is entrusted with the duty of focused activity and urgent search for a new more promising development model of society in the interests of all mankind and Russians, paying special attention on a new paradigm of legal thinking — its meta art nouveau. It is proposed to refer to the historical experience of our country, including its Soviet period of development. The conclusions are substantiated that the active position of state bodies, especially the court — which should strive to establish the truth in the case by assisting participants in criminal proceedings — cannot avoid the active position of the court. The ratio of public and private interests depends on many factors, such as: the tradition of national legal systems, specific social and criminal environment in which a modern person exists, the degree of cultural development of society. In cases of crimes infringing on private rights of citizens that do not affect the public interest, the state should not intervene arbitrarily in the course of criminal proceedings. There is no contradiction between human rights and the moral foundations of Russian civilization, provided that human rights are not considered as the main one, especially as the only basis of relations between people. In consequence of grooving role in the interests of society and ensuring the rights of a particular person, the growth of competition is highlighted by the task to protect common interests. There are formulated signs of a reasonable combination of public and private foundations in legal proceedings.

Keywords
dispositiveness, truth, meta art nouveau, morality, human rights, public beginnings, reasonableness, justice, criminal procedure, private interests
Date of publication
26.01.2023
Number of purchasers
12
Views
156
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0.0 (0 votes)
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Additional sources and materials

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