Current legal organization of judicial evidence and 'independent, objective' judges
The paper proposes a solution to the fundamental problem of Russia’s legal and socio-economic development, which is related to establishing fair (objective and independent) trial. We believe that this problem can be successfully solved by changing the current criminal procedure and developing an adv...
| Main Authors: | , , |
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| Format: | Article |
| Language: | Russian |
| Published: |
Kazan Federal University
2020-04-01
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| Series: | Učënye Zapiski Kazanskogo Universiteta: Seriâ Gumanitarnye Nauki |
| Subjects: | |
| Online Access: | https://kpfu.ru/uz-eng-hum-2020-2-16.html |
| _version_ | 1797799408126918656 |
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| author | A.S. Aleksandrov A.A. Yunusov N.N. Rybushkin |
| author_facet | A.S. Aleksandrov A.A. Yunusov N.N. Rybushkin |
| author_sort | A.S. Aleksandrov |
| collection | DOAJ |
| description | The paper proposes a solution to the fundamental problem of Russia’s legal and socio-economic development, which is related to establishing fair (objective and independent) trial. We believe that this problem can be successfully solved by changing the current criminal procedure and developing an adversarial organization of criminal proceedings. The main measures for the institutional judicial reform to achieve this goal were discussed. We consider it necessary to renounce the canons of the Soviet school of investigative criminal procedure and criminal procedural evidence. The main provisions of a new theory of criminal procedural (judicial) evidence, which is being developed in the Nizhny Novgorod school of proceduralists, were outlined. Among these provisions is the concept of judicial truth, the standards of proof of decisions taken in the course of criminal proceedings. Our own view on the process of formation of judicial evidence and facts, which should be taken as the basis for acts of law enforcement, was explained. The projects of judicial institutions responsible for bringing charges and the adversarial model of criminal procedure mechanism of bringing to criminal responsibility were built. In our opinion, the institution of cross-examination and direct interrogation must ensure the rule of judicial investigation over preliminary investigation. Otherwise, it is impossible to create an independent and objective criminal trial. |
| first_indexed | 2024-03-13T04:18:25Z |
| format | Article |
| id | doaj.art-1ce61d66784c49448d91b621f7e70305 |
| institution | Directory Open Access Journal |
| issn | 2541-7738 2500-2171 |
| language | Russian |
| last_indexed | 2024-03-13T04:18:25Z |
| publishDate | 2020-04-01 |
| publisher | Kazan Federal University |
| record_format | Article |
| series | Učënye Zapiski Kazanskogo Universiteta: Seriâ Gumanitarnye Nauki |
| spelling | doaj.art-1ce61d66784c49448d91b621f7e703052023-06-20T15:33:47ZrusKazan Federal UniversityUčënye Zapiski Kazanskogo Universiteta: Seriâ Gumanitarnye Nauki2541-77382500-21712020-04-01162218620010.26907/2541-7738.2020.2.186-200Current legal organization of judicial evidence and 'independent, objective' judgesA.S. Aleksandrov0A.A. Yunusov1N.N. Rybushkin2Nizhny Novgorod Academy of the Ministry of Internal Affairs of the Russian Federation, Nizhniy Novgorod, 603081 RussiaTimiryasov Kazan Innovative University, Kazan, 420111 RussiaKazan Federal University, Kazan, 420008 RussiaThe paper proposes a solution to the fundamental problem of Russia’s legal and socio-economic development, which is related to establishing fair (objective and independent) trial. We believe that this problem can be successfully solved by changing the current criminal procedure and developing an adversarial organization of criminal proceedings. The main measures for the institutional judicial reform to achieve this goal were discussed. We consider it necessary to renounce the canons of the Soviet school of investigative criminal procedure and criminal procedural evidence. The main provisions of a new theory of criminal procedural (judicial) evidence, which is being developed in the Nizhny Novgorod school of proceduralists, were outlined. Among these provisions is the concept of judicial truth, the standards of proof of decisions taken in the course of criminal proceedings. Our own view on the process of formation of judicial evidence and facts, which should be taken as the basis for acts of law enforcement, was explained. The projects of judicial institutions responsible for bringing charges and the adversarial model of criminal procedure mechanism of bringing to criminal responsibility were built. In our opinion, the institution of cross-examination and direct interrogation must ensure the rule of judicial investigation over preliminary investigation. Otherwise, it is impossible to create an independent and objective criminal trial.https://kpfu.ru/uz-eng-hum-2020-2-16.htmlcriminal trialproofevidencejudicial powerjusticejudges |
| spellingShingle | A.S. Aleksandrov A.A. Yunusov N.N. Rybushkin Current legal organization of judicial evidence and 'independent, objective' judges Učënye Zapiski Kazanskogo Universiteta: Seriâ Gumanitarnye Nauki criminal trial proof evidence judicial power justice judges |
| title | Current legal organization of judicial evidence and 'independent, objective' judges |
| title_full | Current legal organization of judicial evidence and 'independent, objective' judges |
| title_fullStr | Current legal organization of judicial evidence and 'independent, objective' judges |
| title_full_unstemmed | Current legal organization of judicial evidence and 'independent, objective' judges |
| title_short | Current legal organization of judicial evidence and 'independent, objective' judges |
| title_sort | current legal organization of judicial evidence and independent objective judges |
| topic | criminal trial proof evidence judicial power justice judges |
| url | https://kpfu.ru/uz-eng-hum-2020-2-16.html |
| work_keys_str_mv | AT asaleksandrov currentlegalorganizationofjudicialevidenceandindependentobjectivejudges AT aayunusov currentlegalorganizationofjudicialevidenceandindependentobjectivejudges AT nnrybushkin currentlegalorganizationofjudicialevidenceandindependentobjectivejudges |