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The Rational and the Irrational in Discussions about the Development of the Russian Criminal Process
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The Rational and the Irrational in Discussions about the Development of the Russian Criminal Process
Annotation
PII
S1605-65900000622-5-1
DOI
10.12737/jrp.2023.032
Publication type
Article
Status
Published
Authors
Alexander Tarasov 
ORCID: 0000-0001-6743-5517
Occupation: Head of the Department of Criminal Law and Procedure
Affiliation: Ufa University of Science and Technology
Address: Ufa, Russia
Edition
Volume 27 No. 3
Pages
100-112
Abstract

Scientific discussions and their author’s analysis constitute the main content of any theoretical research. The scientific dispute is the driving force behind the development of the theory of criminal procedure, the improvement of criminal procedure legislation, a way to attract the attention of the entire professional legal community to the pressing problems of law enforcement practice and to identify ways to solve these problems. Scientific discussions that contribute to increasing knowledge about any real problems of the criminal process, solving legislative and applied problems of law enforcement practice are of undoubted value, regardless of the personal positions of specific authors, the agreement or disagreement of the hypothetical professional majority with some author’s statements. Freedom of expression in scientific polemics and the willingness of the professional community to listen to any of such opinions is an indicator of the level of development of legal science in the country, the maturity of its legal system. At the same time, in modern criminal procedure science, as in any other field of scientific knowledge, there are often disputes devoid of proper legal content, overflowing with theses and arguments that are not directly related to the criminal process as such, but no less acute, emotionally and ideologically colored.

The purpose of the study is to determine the fundamental difference between scientific discussions that really contribute to the development of the theory and practice of the domestic criminal process, and those author disputes that, in principle, are not aimed at solving such problems and are not suitable for this.

The mains methods of research is system-structural analysis and synthesis, logical and special legal methods are also applied.

The results of the study determined the criteria for distinguishing the rational and irrational elements of scientific polemics in the criminal procedure literature. Using the examples of the main scientific discussions on the problems of appointment, public initiation and competitiveness of the modern criminal process in Russia, truth as a goal of proof in criminal proceedings, it is shown that in these discussions contributes to the improvement of the procedural form and increase the effectiveness of criminal procedural activity, and what is only a demonstration of the author’s individuality and is not suitable for the development of the system of domestic criminal proceedings.

Keywords
criminal process, adversarial, criminal proceedings, proving in criminal cases, objective truth, investigation of the circumstances of a criminal case, publicity, adversarial
Date of publication
15.03.2023
Number of purchasers
12
Views
179
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0.0 (0 votes)
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